f 


I 


i 


THE 


BALTIMORE  CITY  CODE: 


COMPRISING    THE 


LA^A^S  OF  MARYLAND 

RELATING  TO  THE  CITY  OF  BALTIMORE, 

AND    THE 

ORDIHANCES  OF  THE  MM  M  CIT!  COOICIL, 

WITH    AN    APPENDIX, 

TO  THE  END  OF  THE  SESSION  OF  1877-78. 


COMPILED    BY 

LEWIS     MAYER, 

ATTORNEY  AT  LAW. 


PUBLISHED 


BY  AUTHORITY. 


BALTIMORE : 
JOHN  COX,  CITY  PBINTER. 

1879. 

/^        OF  THE        ^>-^ 


I*' 


jS^-^g 


,9 


CONTENTS. 


AUT.    I'AGE. 

MAYOR  AND  CITY  COUNCIL 1  1 

ALMS-HOUSE : 2  66 

ARBITRATION 3  75 

ASSAULT  AND  BATTERY 4  83 

ASSAYER  OF  SILVER  PLATE 5  86 

AUCTIONS 6  90 

BUILDINGS 7  -108 

CARRIAGES,  HORSES,  BOATS  AND  SCOWS 8  126 

CHIMNEYS 9  147 

CITY  HALL : •  10  154 

COMPTROLLER  AND  REGISTER 11  157 

CORONERS 12  170 

COUNSELOR,  SOLICITOR,  AND  EXAMINER  OF  TITLES 13  174 

COURTS 14  179 

cruelty  to  animals 16  240 

deaf,  dumb  and  blind ...-.  16  243 

elections; 17  247 

FERRIES 18  266 

FINES  AND  FORFEITURES '. 19  270 

FIRE 20  276 

GAMING 21  308 

HARBOR,  DOCKS  AND  WHARVES 22  313 

HEALTH 23  371 

HOLIDAY  AND  WAR  OF  1812 24  442 

HOSPITALS 25  444 

HOUSES  OF  REFUGE  AND  REFORMATION 26  454 

IMMIGRANTS 27  471 

INSPECTIONS,  WEIGHTS  AND  MEASURES 28 


476 


JAIL 29        688 


116881 


iv  OONTBNTB. 

▲BT.   PAGE. 

JONES'  FALLS 30  542 

JURORS 81  557 

LIBRARIAN 82  570 

LICENSES 88  574 

M'DONOGH  EDUCATIONAL  FUND  AND  INSTITUTE 84  592 

MARKETS 36  619 

MORTGAGES 36  667 

PARKS 37  676 

POLICE 38  689 

PRINTER 89  714 

RAILROADS 40  717 

REGISTRATION  OP  BIRTHS  AND  DEATHS , 41  834 

SABBATH 42  838 

SCHOOLS 43  842 

SEWERS 44  861 

SQUARES,  SPRINGS  AND  MONUMENTS 46  879 

STOCKS,  LOANS  AND  FINANCE- 46  902 

STOEETO  AND  CITY  COMMISSIONER 47  980 

SURVEYOR 48  1051 

TAXES 49  1067 

TENANTS  FOR  YEARS  OR  AT  WILL 50  1094 

THEATRICAL  EXHIBITIONS 51  ii04 

VAGRANTS 52  1106 

WATER 53  1119 

APPENDIX 1163 


AN   OKDINANCE 

TO  PROVIDE  FOR  THE  PRINTINQ  OF  THE  CITY  CODE,  AS  REVISED  BY 

LEWIS  MAYER. 

Section  1. — Be  it  enacted  and  ordained  by  the  Mayor  and  City 
Council  of  Baltimore,  That  John  Cox,  City  Printer,  be,  and  he  is 
hereby  authorized  and  directed  to  print  one  thousand  copies  of  the 
Laws  of  Maryland  relative  to  the  City  of  Baltimore,  together  with  the 
Ordinances  and  Resolutions  of  the  Mayor  and  City  Council  of  Balti- 
more, as  codified  by  Lewis  Mayer,  under  Ordinance  No.  15,  approved 
April  2d,  1878,  and  properly  bind  the  same ;  and  when  completed  de- 
liver the  same  to  the  City  Librarian,  who  is  hereby  authorized  to  fur- 
nish each  member  of  the  Council  with  a  copy,  and  such  other  officers 
of  the  City  and  State,  and  Public  and  Law  Libraries,  as  the  Mayor 
may  direct,  for  the  use  of  their  respective  offices ;  the  said  printing 
and  binding  to  be  done  under  the  supervision  of  Lewis  Mayer,  as  per 
Ordinance  No.  15,  approved  April  2d,  1878. 

Sec.  2. — And  he  it  further  enacted  and  ordained,  That  this  ordi- 
nance shall  take  effect  from  and  after  the  date  of  its  passage. 

Approved  June  28^A,  1878. 


> 


AN  ORDINANCE 

ADOPTING   THE   REVISED   ORDINANCES   COMPILED   UNDER   ORDI- 
NANCE No.  15.  APPROVED  APRIL  3.  1878. 

Section  1. — Be  it  enacted  and  ordained  hy  the  Mayor  and  City 
Covncil  of  Baltimore^  That  all  the  ordinances  and  parts  of  ordinances 
and  resolutions  printed  and  contained  in  the  City  Code,  prepared  by 
Lewis  Mayer,  under  Ordinance  No.  15,  approved  April  2d,  1878,  be, 
and  the  same  are  hereby  declared  to  be  the  Ordinances  of  the  Mayor 
and  City  Council  of  Baltimore ;  and  that  they  shall  have  the  force 
thereof;  except,  however,  so  far  as  the  same  may  have  been  or  may  be 
amended  or  repealed  by  ordinances  or  resolutions  passed  at  the  present 
session  of  the  Mayor  and  City  Council  of  Baltimore. 

Sec.  2. — And  he  it  enacted  and  ordained,  That  all  other  ordinan- 
ces and  parts  of  ordinances  and  resolutions  passed  before  the  com- 
mencement of  the  present  session  of  the  Mayor  and  City  Council  of 
Baltimore  be,  and  the  same  are  hereby  repealed. 

Sec.  3. — And  he  it  enacted  and  ordained.  That  the  repeal  in  the 
preceding  section  shall  not  affect  any  act  done  or  any  right  accruing 
or  accrued,  established  or  vested,  or  any  suit  or  proceeding  had'  or 
commenced  in  any  case  before  the  time  when  such  repeal  shall  take 
effect,  nor  any  offence  committed,  nor  any  penalty  or  forfeiture  incur- 
red, nor  any  suit  or  prosecution  pending  at  the  time  of  such  repeal,  for 
any  offence  committed,  or  for  the  recovery  of  any  penalty  Or  forfeiture 
incurred  under  any  of  the  provisions  so  repealed ;  and  no  ordinance  or 
part  of  an  ordinance  or  resolution  which  has  been  heretofore  repealed, 
shall  be  revived  by  the  repeal,  in  the  preceding  section,  of  any  of  the 
ordinances,  parts  of  ordinances  or  resolutions  therein  referred  to. 

Sec.  4. — And  he  it  enacted  and  ordained,  That  this  ordinance 
shall  take  effect  on  and  from  the  first  day  of  February,  in  the  year 
eighteen  hundred  and  seventy-nine. 

Approved  February  *Jth,  1879. 


BALTIMORE  CITY  CODE. 


.'  ■^^       Of 


ARTICLE  I. 


MAYOR  AND  CITY  COUNCIL. 


CONSTITUTION,    ART.    XI. 


1.  Mayor:  term  of  office. 

2.  City  Council :  two  branches. 

3.  Time  of  elections  of  members  of 

Council. 

4.  Annual  sessions:  sittings:  called 

or  extra  sessions. 

5.  Members  not  to  hold  any  other 

office :  not  to  be  interested  in 
contracts. 

6.  When  Mayor  may  be  removed. 


No  debt  to  be  created,  nor  credit 
given,  unless  authorized  by  act 
of  Assembly  and  ordinance, 
and  approved  by  voters:  po- 
lice :  safety  and  health  of  city : 
debts  before  Constitution. 

What  laws  continued  in  force. 

Power  of  General  Assembly :  city 
corporation  under  its  control. 


STATUTES 


INCORPORATTON. 

1.  City  incorporated.    • 

PROPERTY. 

2.  Power  to  hold  and  take  property : 

trusts  for  the  jwor,  for  munici- 
pal, educational  and  charitable 
purposes:  sales  and  leases  by 
city :  notice. 

WARDS. 

3.  City  divided :  re-division. 


THK   MAYOR. 

4.  Election :  qualifications. 

5.  Vacancy  in  office,  how  filled. 

6.  Who  to  act  in  case  of  sickness  or 

absence. 

7.  Term  of  office. 

8.  May  act  as  justice  of  the  peace: 

may  call  officers  to  account. 

9.  To  see  ordinances  executed :  mes- 

sage to  Council. 


Mayor  and  City  Council. 


Article  I. 


10.  Ordinances  to  be  approved:  may 

return  ordinances  with  reasons 
for  not  approving :  liow  passed 
by  Council  over  veto. 

11.  When  ordinances  not  returned. 
13.  Ordinances,  evidence. 

CITY  COUNCrL. 

13.  Two  branches. 

14.  First  branch. 

15.  Second  branch. 

16.  Election  for  first  branch. 

17.  For  second  branch. 

18.  Qualifications  of  electors. 

19.  Vacancies. 

20.  Duty  of  judges  of  elections. 

21.  Time  of  meeting :  provisos :  quo- 

rum. 
32.  Absent  members:    presidents  of 
branches. 


23.  Elections,  returns  and  qualifica- 
tions of  members :  expelling. 

34.  Rules :    officers  :    fees :    journal : 

yeas  and  nays:  deliberations, 
public. 

35.  Compensation  to  members. 

POWeKS   OF  MAYOK  AND  COUNCIL. 

36.  Ordinances :  non-residents  of  city. 

CITY  OFFICERS. 

27.  Appointment  of  officers  to  be  reg- 

ulated by  ordinances:  when 
Mayor  to  appoint  with  consent 
of  Council  :  appointment  of 
Register :  vacancies,  how  filled. 

28.  What  officers  to  hold  at  pleasure 

of  Mayor:  commission,  evi- 
dence and  removal. 


ORDINANCES 


THE  MAYOR. 

1.  Salary  of  Mayor. 

2.  Salary  of  Mayor  ex-offlcio. 

3.  Authority    to     execute     appeal 

bonds,  &c. :  indemnification. 

mayor's  SECRETARY. 

4.  Duties:  salary. 

mayor's  clerk. 

5.  Duties :  salary. 

6.  Not  to  be  off  duty  without  May- 

or's permission. 

city  council. 

7.  Penalty  for  absence. 

8.  Fines,  how  collected. 

9.  Absence  during  session. 

10.  Adjournment. 

11.  Compensation. 

13.  Not  to  hold  any  other  office  of 
emolument  under  corporation. 

13.  Duty  of  chief  clerks :  journal, 
petitions,  messages  and  reports 
to  be  delivered  to  Register: 
when  clerks  to  be  paid  by  Reg- 
ister. 


14.  Chief  clerks  to  endorse  papers. 

15.  To  furnish  proceedings  to  city 

printer.  » 

16.  Copy  of  journal  to  be  printed  on 

writing  paper. 

17.  Clerks  to  receive  from  city  printer 

copy  of  journal  on  writing 
paper :  to  be  delivered  to  Reg- 
ister: preserved  in  city  library: 
evidence. 

18.  Engrossing. 

19.  Register  to  have  engrossed  ordi- 

nances bound. 

20.  To  send  copies  of  ordinances  to 

heads  of  departments. 

21.  City  Librarian   to  furnish  ordi- 

nances, &c.,  to  State  Library, 
Bar  Library  and  Peabody  In- 
stitute. 

23.  Publication  of  ordinances  in 
newspapers :  Register  to  ex- 
amine proof  sheets:  index  to 
ordinances. 

33.  Newspapers  to  be  paid  quarterly : 
35  per  cent,  to  be  deducted. 


Mayor  and  City  Council. 


Article  I. 


24.  Duty  of  the  assistant  clerk  of  the 

first  branch. 

25.  Per  diem  sheet. 

26.  Clerk  to  the  two    V)ranches    in 

convention. 

27.  Weekly  statement  of  appropria- 

tions. 

OATH. 

28.  Of    members    and    corporation 

officers. 

CLAIMS  BEFORE  "fcoUNCIL. 

29.  Liinitation  on  claims. 

30.  Payments  by  Register. 

31.  Duty  of  joint  standing  committee 

on  claims:  statement  of  charges. 

FISCAL    TEAK. 

32.  When  to  begin  and  end. 

33.  When  officers  to  make  reports 

and  returns. 

34.  Departments,  &c.,  to  report  in- 

debtedness. 

35.  Comptroller  to  report  indebted- 

ness over  appropriation. 

36.  Not   t  o    exceed    appropriation : 

penalty. 

37.  Regi-ster  to  notify  city  officers  as 

to  expenditures:  wlien  comp- 
troller to  withhold  his  war- 
rant. 

WABDS. 

38.  Division  of  city  into  wards  and 

precincts. 

LEGISLATIVE    DISTRICTS. 

39.  Of  what  wards  composed. 

CITY  OFFICERS. 

40.  What    officers  to  be   appointed 

annually. 

41.  Power  of  removal  by  Mayor. 

42.  New  appointments. 


43.  Officers  not  to  be  concerned  in 

contracts:  penalty. 

44.  What  officers  to  give  bond. 

45.  Officers  without  compensation : 

no  bond  required. 

46.  Officers  of  two  hundred  dollars 

pay  not  required  to  give  bond. 

47.  Extra   compensation   not  to   be 

allowed :  salaries,  &c.,  not  to  be 
increased  or  diminished :  in- 
crease of  duties:  increase  of 
compensation. 

48.  Extra  compensation   not  to  be 

allowed  contractor :  exception. 

49.  When  salaries  paid. 

50.  City  advertisements  in  German 

paper. 

CITY    CONTRACTS. 

51.  Proposals   to    be    laid    before 

Mayor :  Mayor,  Comptroller 
and  Register  to  award  con- 
tracts: exception. 

52.  Time  and  place  for  opening  pro- 

posals. 

53.  Bond  from  contractor. 

54.  Duty  of  Comptroller. 

RECOEDS  OF   THE   CITY. 

55.  Papers  to  be  filed  and  recorded  : 

not  to  be  taken  out  of  office 
except  in  certain  cases :  copies 
to  be  furnished :  fees. 

56.  City  Librarian  keeper  of  records, 

&c. 

57.  Comptroller  keeper  of  title  deeds, 

&c. :  record  books. 

SEAL. 

58.  Battle  monument. 

,59.  Keeper  of  the  seal:   fees  for  af- 
fixing seal :  exception. 


Mayor  and  City  Council. 


Article  I. — Constitution. 


CONSTITUTION. ~AET.  XI. 

it?7n,c.ii6.  Section  1.     The  inhabitants  of   the  City  of   Baltimore, 

qualified   by  law  to  vote  in  said  city  for  members   of  the 

Mayor.  House    of   Delegates,  shall    on   the   fourth  Wednesday   of 

October,  eighteen  hundred  and  sixty-seven,  and  on  the  same 
day  in  every  second  year  thereafter,  elect  a  person  to  be 
Mayor  of  the  City  of  Baltimore,*  who  shall  have  such  qual- 
ifications, receive  such  compensation,  discharge  such  duties, 
and  have  such  powers  as  are  now,  or  may  hereafter  be  pre- 


*  The  following  are  the  Mayors  of  the  City  of  Baltimore  from  its  incor- 
poration as  a  city  to  the  present  time,  and  when  elected : 
1797.  James  Calhoun. 
1804.  Thorowgood  Smith. 
1808.  Edward  Johnson. 
1816.  George  Stiles. 

1819.  Edward  Johnson,  elected  for  unexpired  term  of  Geo.  Stiles,  deceased, 

1820.  John  Montgomery. 
1823.  Edward  Johnson. 

1825.  John  Montgomery. 

1826.  Jacob  Small,  resigned. 
1830.  William  Stewart. 
1832.  Jesse  Hunt. 

1835.  Samuel  Smith,  in  place  of  Jesse  Hunt,  resigned  :  re-elected,  1836. 
1838.  Sheppard  C.  Leakin. 
1840.  Samuel  Brady,  resigned. 
1843.  Solomon  Hillen,  Jr. 

1843.  James  O.  Law. 

1844.  Jacob  G.  Davies. 
1848.  Elijah  Stansbury. 

1850.  J.  Hanson  Thomas  Jerome. 
1852.  J.  Smith  Hollins. 
1854.  Samuel  Hinks. 
1856.  Thomas  Swann. 

1860.  Geo.  Wm.  Brown,  arrested  and  imprisoned  by  U.  S.  Sept.  12,  1861 

1861.  John  Lee   Chapman,  mayor  ex-officio,  during  remainder  of  Mayor 

Brown's  term :  in  1862,  elected. 
1867.  Robert  T.  Banks,  four  years'  term  under  Constitution. 
1871.  Joshua  Vansant. 
1^75.  Ferdinand  C.  Latrobe. 
1877.  George  P.  Kane. 


< 


Mayor  and  City  Council. 


Article  I. — Constitution. 


scribed  by  law;    aud  the  term  of  whose  office  shall  com- Term  of  office. 
raence   on   the   first   Monday  of  November   succeeding   his 
election,  and  shall  continue  for  two  years,  and  until  his 
successor  shall  have  qualified. 

2.  The  City  Council  of  Baltimore  shall  consist  of  two  city  counrii. 
branches,  one  of  which  shall  be  called  the  First  Branch,  and  two  branches. 
the  other  the  Second  Branch  ;  and  each  shall  consist  of  such 
number  of  members,  having   such   qualification,  receiving 

such  compensation,  performing  such  duties,  possessing  such 
powers,  holding  such  terms  of  office,  and  elected  in  such 
manner,  as  are  now,  or  may  hereafter  be  prescribed  by  law. 

3.  An   election   for  members   of  the  First  and  Second  Time  of  eiec- 
Branch  of  the  City  Council  of  Baltimore  sball  be  held  in  the  of  councji. 
City  of  Baltimore   on   the  fourth    Wednesday  of  October, 
eighteen  hundred  and  sixty-seven  ;  and  for  members  of  the 

First  Branch  on  the  same  day  in  every  year  thereafter  ;  and 
for  members  of  the  Second  Branch  on  the  same  day  in  every 
second  year  thereafter  ;  and  the  qualification  for  electors  of 
the  members  of  the  City  Council  shall  be  the  same  as  those 
prescribed  for  the  electors  of  Mayor. 

4.  The  City  Council  shall  meet  on  the  first  Monday  of  ises,  r.  isi. 
November  of  each  and  every  year,  and  may  continue  in  ses-  Annual  session. 
sion  for  one  hundred  and  twenty  days  and  no  longer  ;  pro- 
vided, that  they  may  by  ordinance  or  resolution  so  arrange  sittings. 
their  sittings  that  the  same  may  be  held  continuously,  or 
otherwise ;  and  provided  further,  that  the  Mayor  may  con-  caiied  or  extra 

'  ^  sessions. 

vene  the  City  Council  in  extra  session  whenever,  and  as  often 
as  it  may  appear  to  him  that  the  public  good  may  require ; 
but  no  called,  or  extra  session  shall  last  longer  than  twenty 
days,  exclusive  of  Sundays. 

5.  No  person,  elected  and  qualified  as  Mayor,  or  as  ^  Me^'^'^^^f^  "J'/j^^J 
member  of  the  City  Council,  shall,  during  the  term  for  which  otiice. 

he  was  elected,  hold  any  other  office  of  profit  or  trust,  created, 


Matob  and  City  Council. 


Article  I. — Constitution. 


When  Mayor 
may  be  remov- 
ed. 


No  debt  to  be 
created  nor 
credit  given 
without  author- 
ity of  Legisla- 
ture and  appro- 
val of  voters. 


or  to  be  created,  by  the  Mayor  and  City  Council  of  Balti- 
more, or  by  any  law  relating  to  the  corporation  of  Baltimore, 
or  hold  any  employment,  or  position,  the  compensation  of 
which  shall  be  paid,  directly  or  indirectly,  out  of  the  city 
Nor  be  Interest- treasury  ;  nor  shall  any  such  person  be  interested,  directly 

ed  in  contracts.  ...  ,  .. 

or  indirectly,  in  any  contract,  to  which  the  city  is  a  party  ; 

nor  shall  it  be   lawful  for  any  person,  holding  any  office 

under  the  city,  to  be  interested,  while  holding  such  office,  in 

any  contract,  to  which  the  city  is  a  party, 
« 

6.  The  Mayor  shall,  on  conviction  in  a  court  of  law,  of 

wilful  neglect  of  duty,  or  misbehavior  in  office,  be  removed 
from  office  by  the  Governor  of  the  State,  and  a  successor 
shall  thereafter  be  elected,  as  in  a  case  of  vacancy. 

7.  From  and  after  tlie  adoption  of  this  Constitution,  no 
debt,  (except  as  hereinafter  excepted,)  shall  be  created  by  the 
Mayor  and  City  Council  of  Baltimore  ;  nor  shall  the  credit 
of  the  Mayor  and  City  Council  of  Baltimore  be  given,  or 
loaned  to,  or  in  aid  of  any  individual,  association,  or  corpo- 
ration ;  nor  shall  the  Mayor  and  City  Council  of  Baltimore 
have  the  power  to  involve  the  City  of  Baltimore  in  the  con- 
struction of  works  of  Internal  Improvement,  nor  in  granting 
any  aid  thereto,  which  shall  involve  the  faith  and  credit  of 
the  city,  nor  make  any  appropriation  therefor,  unless  such 
debt  or  credit  be  authorized  by  an  Act  of  the  General  Assem- 
bly of  Maryland,  and  by  an  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore,  submitted  to  the  legal  voters  of  the 
City  of  Baltimore,  at  such  time  and  place  as  may  be  fixed  by 
said  ordinance,  and  approved  by  a  majority  of  the  votes  cast 
at  such  time  and  place;  but  the  Mayor  and  City  Council 
may,  temporarily,  borrow  any  amount  of  money  to  meet  any 
deficiency  in  the  city  treasury,  or  to  provide  for  any  emer- 
gency arising  from  the  necessity  of  maintaining  the  Police,  or 

heluSofcity.   Pi'eserving  the  safety  and  sanitary  condition  of  the  city,  and 
may  make  due  and  proper  arrangements  and  agreements  for 


Police. 


Mayor  and  City  Council. 


Article  I. — Constitution. 


the  removal  and  extension,  in  whole  or  in  part,  of  any  and  Debts  before 

nil  111-'  1  1-  IIP  Constitution. 

all  debts  and  obligations,  created  according  to  law  before  the 
adoption  of  this  Constitution, 

8.  All  laws  and  ordinances,  now  in  force,  applicable  to  Laws  now  in 

,  \  .  force  continued. 

the  Cit}^  of  Baltimore,  not  inconsistent  with  this  Article, 
shall  be,  and  they  are  hereby  continued  until  changed  in  due 
course  of  law. 

9.  The  General  Assembly  may  make    such   changes  in  General  Assem- 

•'  •'  '^  bly   may   make 

this  Article,  except  in  section    seventh    thereof,  as  it  may  changes. 
deem  best ;  and  this  Article  shall  not  be  so  construed,  or 
taken  as  to  make  the  political  corporation  of  Baltimore  in- 
dependent of,  or  free  from  the  control,  which  the  General  city  corpora- 

'■  '  '  tion  under  its 

Assembly  of  Maryland  has  over  all  such  corporations  in  this  t^ontror. 
State.* 

*  POWRRS  OF  THE  CoRPOR.\TrON  DRFINED  BY  THE  CoURT  OP  APPEALS  — 

The  City  of  Baltimore  and  the  counties  are  public  territorial  divisions  ol  the 
State,  established  for  public  political  purposes  connected  with  the  adminis- 
tration of  the  government — ix)ssessing  the  character,  and  endowed  with  the 
powers  of  corporations,  according  to  the  laws  severally  applicable  to  each. 
They  are  mere  instruments  of  government  and  parts  of  the  State  :  as  public 
corporations,  they  are  subject  to  the  control  of  the  Legislature.  Mayor,  &c. 
Bait.  v.  State,  15  Md.  376 ;  Mayor,  &c.  Bait.  v.  Howard,  20  Md.  335.  The 
Mayor  and  City  Council  are  but  trustees  of  the  public.  State  v.  Orace^,  19 
Md.  351.     Oroff  v.  Mayor,  dx.  Fredeiic-k  city,  44  Md.  67. 

The  tenure  of  their  office  impresses  the  ordinances  of  the  Mayor  and  City 
Council  with  liability  to  change.  They  could  not,  if  they  would,  pass  an 
irrevocable  ordinance.  The  corporation  cannot  abridge  nor  exceed  its  own 
legislative  powers.  State  v.  Grams,  19  Md.  351.  Mayor,  &c.  v.  Clanet,  23 
Md.  450.  Mayor,  i&c.  v.  Hughes,  1  G.  &  J.  480.  A  repealing  ordinance  of 
the  Mayor,  &c.,  cannot  destroy  or  affect  any  right  which  was  acquired  under 
a  previous  ordinance  before  its  repeal.  McMecMn  v.  Mayor,  &c.,  2  H.  &  J. 
41.  See  State  v.  Orams,  19  Md.  371.  A  valid  ordinance  may  be  passed,  to 
take  effect  on  the  happening  of  a  future  contingent  event,  even  where  that 
event  involves  the  assent  to  its  provisions  by  other  parties.  Every  intend- 
ment and  presumption  ought  to  be  made  in  support  of  the  acts  of  corpora- 
tions where  exclusive  jurisdiction  and  power  to  legislate  upon  a  given 
subject  has  lieen  conferred  by  law.  Ma.yor,  &c.  Bait.  v.  Clunet,  23  Md.  450. 
Mayor,  dtc.  v.  Hngfm,  1  G.  &  J.  4«0.  The  Mayor  and  City  Council  have 
power  to  pass  all  ordinances  necessary  to  carry  into  effect  any  given  power. 


Mayor  and  City  Council. 


Article  I. — Statutes. 


STATUTES. 
INCORPORATION, 
p.  L.  L.,  Art.  4,      1.     The  inhabitants  of  the  City  of  Baltimore  are  a  Cor- 

sec.  1. 

poration,  by  the  name  of  the  ''Mayor  and  City  Council  of 
Corporate  pow- Baltimore,"  and  by  that  name  shall   have  perpetual   sue- 

ers. 

cession,  may  sue  and  be  sued,  may  purchase  and  hold  real, 
personal  and  mixed  property,  or  dispose  of  the  same  for  the 


Olenn  v.  Mayor,  &c.,  5  G.  &  J.  424.  Mayor,  &c.  Bait.  v.  Marriott,  9  Md. 
160.  Harrison  v.  Mayorr,  &c.,  1  Gill,  964.  Methodist  Prot.  Church  v.  Mayor, 
<&c.,  6  Gill,  391.  Rittenhmtse  v.  Mayor,  &e.,  25  Md.  336.  Horn  v.  Mayor,  dtc, 
30  Md.  218.  Mayor,  &c.  v.  Moore,  6  H.  &  J.  381.  Mayor,  &c.  v.  Howard, 
ibid,  389. 

The  Mayor  and  City  Council  of  Baltimore  are  the  agents  and  representa- 
tives of  the  inliabitants,  or  corporators  of  the  city  of  Baltimore,  entrusted 
■with  powers  specially  defined  and  limited,  which  can  be  exercised  in  the 
manner  and  form  only  prescribed  by  law.  When  they  transcend  these 
powers  their  acts,  although  done  colore  officii,  and  upon  pretence  of  law,  are 
no  more  binding  upon  the  corporators  than  would  be  the  acts  of  an  agent  in 
any  other  case  upon  his  principal  when  done  beyond  the  scope  of  the  autho- 
rity conferred.  Where  the  Mayor  and  City  Council  of  Baltimore  have  no 
power  to  authorize  an  act  to  be  done,  it  being  ultra  vires,  they  have  no  power 
to  adopt  it  after  it  is  done.  Horn  v.  Mayor,  &c.,  30  Md.  218.  Mayor,  &c.  v. 
Reynolds,  20  Md.  1. 

The  same  general  rules  of  construction  which  govern  the  interpretation 
of  acts  of  the  Legislature  are  equally  applicable  to  the  legislative  acts  of  a 
municipal  corporation.  A  municipal  corporation  may  pass  an  ordinance 
within  the  limits  of  its  delegated  powers,  contingent  as  to  its  operation  and 
effect  on  the  existence  or  occurrence  of  facts  german  to  its  subject  matter. 
A  law  which  by  its  own  terms  is  to  have  no  effect  until  the  happening  of  a 
future  contingent  event,  cannot  be  made  effective  before  the  event  happens, 
by  any  acts  or  series  of  supplements  passed  upon  the  assumption  that  the 
event  has  happened  and  that  the  law  is  in  force.  All  such  acts  instead  of 
possessing  any  curative  powers,  merely  multiply  errore.  Parties  dealing 
with  the  agents  or  oflBcers  of  a  municipal  corporation,  must  at  their  peril 
take  notice  of  the  limits  of  the  powers  both  of  the  municipality  and  of  those 
who  assume  to  act  as  its  agents  or  officers.  State  ex  rela.  Mayor,  &c.  v. 
Kir1(ky  et  aZ.,  29  Md.  85.     Tome  v.  Parkersbiirg.  Branch  R.  R.  Co.,  39  Md.  75. 


Mayor  and  City  Council. 


Article  I. — Statutes. 


benefit  of  said  city,  and  may  have  and  use  a  common  seal, 
which  may  be  altered  at  pleasure.* 

PROPERTY. 

2.     All  the  property  and  funds  of  every  kind  belonging  ibid, sec.  2. 
to  or  in  possession  of  the  citv  of  Baltimore  are  vested  in  the  Power  to  take 

"    ,  _  .  ,       and  hold  prop- 

said  corporation  ;  and  the  said  corporation  may  receive  in  «rty. 
trust,  and  may  control  for  the  puriiose  of  such  trusts,  all  Trusts  ion  he 

'  ''  '■         '■  poor  for  muni- 

money  or  other  property  which  may  have  been  or  shall  he  ^i^^'^^^'^  ^"^j^^^^^ 
bestowed   upon  such  corporation   by  will,  deed,  or  in  any ''"'''*  ^"'''""* 

*  Ohio  IN  AND  Boundaries.— Baltimore  town  in  Baltimore  county  was  " 
laid  out  under  tlie  provisions  of  the  Act  of  Assembly  of  1729,  c.  13. 
The  town  was  extended  under  the  Acts  of  1732,  c.  14,  1745,  c.  9,  1747,  c.  21, 
and  1773,  c.  4.  Baltimore  city  was  incorporated  by  tlie  Act  of  1796,  c.  68. 
It  was  separated  from  Baltimore  county  by  the  Constitution  of  1851  and  the 
Acts  of  1852,  cs.  17,  18,  80,  357,  1853,  c.  253,  and  1858,  c.  248. 

The  present  city  bound.arles  were  established  by  virtue  of  the  Act  of 
1816,  c.  209. 

The  Boundaries  of  the  City,  as  laid  out  by  the  commissioners  appointed 
under  this  Act,  are  as  follows :  Bounded  on  the  north  by  a  line  drawn 
parallel  with  Baltimore  street  in  the  said  city,  through  a  point  one  mile  and 
a  half  due  north  from  the  centre  of  Baltimore  and  Calvert  streets  in  the  said 
city,  and  extending  eastwardly  seven  hundred  perches  from  the  said  point 
to  a  public  road  passing  from  the  Philadelphia  post  road,  by  the  dwellings  of 
Amos  Loney,  Thomas  Worthington  and  others,  and  westwardly  six  hundred 
and  forty  perches  from  the -same  point;  on  the  east,  by  a  line  binding  on 
the  east  side  of  said  r<md,  to  the  Philadelphia  post  road,  and  from  the  Phila- 
delphia post  road,  by  a  straight  line,  to  the  northeast  corner  of  Lazaretto 
lot,  including  said  lot,  and  thence  with  the  lines  of  said  lot  to  the  Patapsco 
river;  on  the  south  by  a  line  drawn  from  the  Patapsco  river,  at  the  termin- 
ation of  the  last  mentioned  line,  to  the  most  souther;i  part  of  Whetstone 
Point,  on  the  niain  branch  of  Patapsco  river,  and  running  with  and  bound- 
ing on  the  said  main  branch,  including  the  land  ceded  to  the  United  States 
on  Whetstone  Point,  for  the  use  of  a  fort,  to  the  place  called  the  Ferry  Point, 
being  the  junction  of  the  said  main  branch  with  the  middle  branch  afore- 
said, and  thence  due  west  to  the  western  side  of  the  middle  branch  afore- 
said, and  on  the  west  by.a  line  running  from  tlie  termination  of  the  last 
mentioned  line  on  the  western  shore  of  the  middle  branch,  and  binding  on 
the  said  shore,  to  the  nortU  of  Gwynn's  Falls,  thence  up  and  with  the  south- 
west side  of  Gwynn's  Falls  to  a  poin*  opposite  to  the  mouth  ot  Gyynn's 
Run,  thence  with  a  straight  course  to  the  mouth  of  Gwynn's  Run,  and 


10 


Mayok  and  City  Council. 


Article  I. — Statutes. 


other  form  of  gift  or  conveyance  in  trust  for  any  general  cor- 
poratiDH  purpose,  or  in  aid  of  the  indigent  and  poor,  or  for 
the  general  purposes  of  education,  or  for  charitable  purposes 
of  any  description  within  the  said  city  ;  and  the  said  corpor- 
saies  and  leases  at  ion  may  leasc  or  otherwise  dispose  of  any  property  belong- 
ing to  the  city,  having  first   given  public  notice  of  such 


Notice. 


proposed  lease  or  sale  in  one  or  more  of  the  public  news- 
papers of  said  city,  at  least  once  a  week  for  three  successive 
weeks  before  such  lease  or  sale. 


Ibid,  sec.  3. 
How  divided. 


Be-divi«ion. 


WARDS. 

'^.  The  city  of  Baltimore  is  divided  into  twenty  wards, 
according  to  their  present  bounds  and  limits,  and  it  shall  be 
the  duty  of  the  corporation  to  correct  the  divisions  from  time 
to  time,  so  as  to  preserve  as  accuratel}'^  as  may  be  an  equal 
number  of  inhabitants  in  each  ward. 


THE  MAYOR. 


Ibid,  sec.  4. 
1870,  0.  116. 


Election. 


4.  The  inhabitants  of  the  city  of  Baltimore,  qualified  to 
vote  for  members  of  the  House  of  Delegates  shall,  on  the 
fourth  Wednesday  in  October  in  every  second  year,  elect  by 


thence  with  a  straight  line  to  the  end  of  the  aforementioned  six  hundred 
and  forty  perch  line.  As  to  the  Act,  1816,  c.  309,  and  the  boundaries  of  the 
counties,  see  Raab  v.  The  State,  7  Md.  494.  Haminond's  lessee  v.  InJms,  4 
Md.  144,  and  Public  General  Laws,  Art.  I,  sec.  10. 

Baltimore  county  had  been  formed  by  proclamation  as  early  as  1659. ' 
This  county  included  at  first  all  land  lying  to  the  north  of  Anne  Arundel 
county  on  botlr  sides  of  the  Chesapeake  Bay,  thus  comprising  the  larger 
portion,  if  not  the  whole  of  the  present  counties  of  Cecil  and  Kent.  The 
County  court  was  held  at  Joppa,  on  the  Gunpowder  river,  from  an  early 
period  till  1768,  when  by  Act  of  1768,  c.  14,  a  court  house  and  prison  in 
Baltimore  town  were  erected  (see  I^vy  Court  v.  Owynn,  4  H.  &  .J.  237,)  "  on 
the  uppermost  part  of  Calvert  street  next  Jones'  Falls,"  where  the  Buttle 
monument  now  stands,— and  on  their  completion,  the  records  were  removed 
from  Joppa,  which  has  now  ceased  to  be.  By  the  vote  of  the  county,  No- 
vember, 1853,  the  county  seat  of  Baltimore  county  was  located  at  Towson- 
town,  under  the  Act  of  1853,  c.  452. 


Mayor  and  City  Council.  11 

Article  I. — Statutes. 

ballot  a  person  of  known  integrity,  experience,  and  sound 
judgment,  twenty-five  years  of  age,  ten  years  a  citizen  of  the  Qualifications. 
United  States  and  five  years  a  resident  of  said  city  next  pre- 
ceding the  election  and  assessed  on  the  books  of  the  assessor 
with  property  in  said  city  to  tlie  amount  of  five  hundred 
dollars,  to  be  Mayor  of  the  City  of  Baltimore. 

5.  In  case  of  a  vacancy  in  the  office  of  Mayor,  the  presi- ibia,  sees. 
dent  of  the  first  branch  City  Council,  or  if  no  president  of  vacancy  in  of- 

•1  '  *  fice;  how  tilled. 

the  first  branch,  or  in  his  absence  from  the  city,  the  presi- 
dent of  the  second  branch,  shall,  within  five  days  after  such 
vacancy,  order  a  new  election,  giving  at  least  fifteen  days' 
notice  of  the  same  by  advertisement  in  all  the  newspapers 
in  said  city  ;  and  the  president  of  the  first  branch  of  the 
City  Council  shall  be  ex-ojficio  Mayor  until  a  new  elec- 
tion.* 

6.  In   case  of  the  sickness  or  necessary  absence  of  the  p.  l  l.,  art.  4, 

sec.  6. 

Mayor,  the  president  of  the  first  branch,  or  if  no  president  who  to  act  in 

•)        '  t  case  of  sickness 

of  the  first  branch,  or  in  his  absence  from  the  city  or  sick- or  absence, 
ness,  the  president  of  the  second  branch,  shall  ex  officio  be 
Mayor  of  the  city  during  the  continuance  of  such  sickness 
or  necessary  absence  of  the  Mayor. 

7.  The  term  of  office  of  the  Mayor  shall  commence  on  the  ibid.sec.?. 
first  Monday  of  November  succeeding  his  election,  and  he  xem  of  office, 
shall  receive  such  salary  as  shall  have  been  provided  by  ordi- 
nance previous  to  his  election. 

8.  The  Mayor  shall  in  virtue  of  his  office  have   all  the  ibid,  sec.  8. 
jurisdiction  and  powers  of  a  justice  of  the  peace,  except  as  Ma^y^ act^a^s^^^^^^ 
to  the  recovery  of  debts,  and  may  call  upon  any  officer  of 

the  city  entrusted  with  the  receipt  and  expenditure  of  public  Ma^y  caii^officers 
money  for  a  statement  of  his  accounts  as  often  as  he  or  the 
corporation  may  conceive  necessary. 

•  *  See  sec.  21,  and  the  Act  of  1878,  c.  427,  under  Elections,  Art.  XVH. 


12  Mayor  and  Cixr  Council. 


Article  I. — Statutes. 


Ibid, sec.g.  9.  He  shall  see  that  the  ordinances  are  duly  and  faithfully 

To  seeordinan-  executed,  and  sliall  report  annually  to  the  corporation  during 

ceg  executed.         ,         .  .  .  . 

tlie  first  five  days  of  their  session  the  general  state  of  the 


Message  to   '    city  with  au  accurate  account  of  the  money  received  and  ex- 
pended, to  be  published  for  the  information  of  the  citizens. 
Ibid,  sec  10.  10.  All  ordinances  passed  by  the  City  Council  shall  be 

Ordinances  to    scut  to  the  Mayor  for  his  approbation ,  and  when  approved 

be  approved.  ■'••'■ 

May  return  or-  by  liiiii  sliall  becomc  a  law  ;  but  if  the  Mayor  shall  not  ap- 

dinance  with 

reasons  lor  not  provB  of  any  Ordinance,  he  shall  return  the  same  within  five 

approving.  "^  ' 

days,  with  his  reasons  in  writing  therefor,  and  if  three- 
cZnJiiover''^  fourths  of  both  branches  of  the  City  Council,  on  considera- 
^*'°-  tion  thereof,  approve  of  the  ordinance^  it  shall  then  be  an 

ordinance  to  all  intents  and  purposes. 
Ibid,  sec.  11.  11.  If  any  ordinance  shall  not  be  returned  by  the  Mayor 

wiienordi-      withiu  fivc  day s  after  it  shall  have  been  presented  to  him, 

nance  not  re-  ^  ^^^i^, 

turned.  the  sauie  shall  be  a  law  in  the  same  manner  as  if  he  had 

approved  it,  unless  the  City  Council  by  their  adjournment 
prevent  its  return. 

f^-^<3j..,art.37,      12.  The  ordiuaiices  and  resolutions  of  the  Mayor  and  City 
Council  of   Baltimore  may  be  read  in    evidence  from  the 

Ordinance.,  evi- printed  voluiiies  thereof  published  by  the  authority  of  said 
corporation. 

CITY  COUNCIL. 


p.  L.  L.,  art.  4, 
sec.  12. 


^ 13.  The  Council  of  the  City  of  Baltimore  shall  consist  of 

Two  branches,  two  brauchcs,  ouc  of  which  shall  be  denominated  the  first 

branch  and  the  other  the  second  branch. 
Ibid,  sec.  13.  14.  The  first  branch  shall  consist  of  one  member  from 

FiMt  branch,  each  M^ard  of  the  city,  who  shall  be  a  citizen  of  the  United 
States,  above  the  age  of  twenty-one  years,  a  resident  of  the 
city  three  years  preceding  his  election,  and  at  the  time  thereof 
a  resident  of  the  ward  for  which  he  is  elected,  and  assessed 
on  the  books  of  the  assessor  to  the  amount  of  three  hundred 
dollars,  and  shall  hold  his  office  for  one  year. 


Mayor  and  City  Council.  13 

Article  I. — Statutes. 

15.  The  second  branch  shall  consist  of  one  member  from  iwd,  sec.  14. 
every  two  contiguous  wards,  who  shall  be  a  citizen  of  the  second  branch. 
United  States,  of  the  age  of  twenty-five  years,  and  a  resi- 
dent of  the  city  four  years  previous  to  his  election,  and 
assessed  on  the  books  of  the  assessor  to  the  amount  of  five 
hundred  dollars,  and  shall  be  elected  every  second  year  and 
hold  his  office  for  two  years,  and  shall  be  a  resident  at  the 
time  of  his  election  of  one  of  the  wards  from  which  he  is 
elected. 

Ifi.     The  election  for  members  of  the  first  branch  shall  be  ibid,  sec.  15. 
held  on  the  fourth  Wednesday  of  October  in  each  year,  and  Election  for 

.   -     ,  First  blanch. 

shall  be  held  by  wards,  and  no  person  shall  be  entitled  to 
vote  for  any  but  the  member  for  the  ward  of  which  he  is 
resident, 

17.  The  election  for  the  members  of  the  second  branch  iwd,  sec.  le. 
shall  be  held  on  the  fourth  Wednesday  of  October  in  every  For  second 

branch. 

second  year. 

18.  The  qualification  of  electors  of  members  of  the  City  iwd.sec  17. 

■'■  Qualifications  of 

Council  shall  be  the  same  as  those  of  electors  ot  Mayor.  electors. 

19.  All  vacancies  in  the  City  Council  shall  be  filled  with-  ibid,  sec.  is. 
out  delay  from  the  ward  or  wards  in  which  such  vacancy  vacancies. 
occurs,  in  such  manner  as  has  been  or  may  be  directed  by 
ordinance. 

20.  The  judges  of  election  shall,  within  three  days  after  iwd.sec.is. 
an  election  of  members  of  the  first  branch,  notify  to  the  per-  Duty^^o^udge. 
sons  having  the  greatest  number  of  legal  votes  in  their  res- 
pective wards   that   they  are   duly  elected;   and   the   said 

judges  shall  make  the  return  of  all  elections  for  Mayor  and 
members  of  the  City  Council  and  deposit  their  polls  as  di- 
rected by  ordinance  of  the  corporation. 

21.  The  City  Council  shall  meet  on  the  first  Monday  of  iMd,^--^2o. ^^^^ 
November  of  each  and  every  year,  and  may  continue  in  ses- c. m ^^  ^^^^_ 
sion  for  one  hundred  and  twenty  days,  and  no  longer  ;  pro-  ing. 


14  Mayor  and  Cut  Council. 


Article  I. — Statutes. 


Provisos.  vided,  that  they  may  by  ordinance  or  resolution  so  arrange 

their  sittings  that  the  same  may  be  held  continuously  or 
otherwise  ;  provided  further,  that  the  Mayor  may  convene  the 
said  City  Council  in  extra  session,  as  he  may  now  do  by  virtue 
of  the   4th  section    of  the  11th  article  of  the  Constitution. 

Quorum.  Two-thirds  of  each  branch  shall  be  a  quorum  to  do  business, 

but  a  smaller  number  may  adjourn  from  day  to  day. 

se^'ii^''  "'■  ^'      '^^-     They  may  compel  the  attendance  of  absent  members, 

Abentmem-     in  such  manner  and  under  such  penalties  as  they  may  by 

ordinance  provide  ;  they  shall  appoint  their  respective  presi- 

Presidentsof     dents,  wlio  shall  preside  at  all  their  sessions  and  shall  vote 

branches.  '  ^ 

on  all  questions,  , 

Ibid,  sec.  22.  23.     They  shall  judge  of  the  elections,  returns  and  qualifi- 


Quaiifications,   catious  of  their  own  members,  and  may,  with  the  concurrence 

elections,  re- 

tunis,  &c.,  of     or  three-iourths  oi  the  whole,  expel  any  member  for  disorderlv 

members.  _  .  '' 

Expelling.        behavior  or  malconduct  in  office,  but   not  a  second  time  for 
the  same  cause. 

Ibid,  sec.  23.  24.     Thcv  sliall  scttlc  their  rules  of  procedure,   appoint 

Rules;  officers;  their  own  officers,  regulate  their  respective  fees,  and  remove 

fees. 

Journal.  them  at  pleasure  ;  they  shall  keep  a  journal  of  their  proceed- 

Ycas  and  nays,  iugs,  and  enter  the  yeas  and  nays  on  any  question,  resolve 
Deliberations     or  Ordinance,  at  the  request  of  any  member  ;  and  their  delib- 
erations shall  be  public. 

Ibid, sec.  24.  25.     They  shall  ascertain  by  ordinance  the  compensation 

Compensation    for  their  services,  which  shall  not  be  increased  during  their 

to  members.  •  •  /v> 

continuance  in  omce. 


POWERS  OF  MAYOR  AND  COUNCIL. 

Ibid,  sec.  3s.         26.     The  Mayor  and  City  Council  shall  have  power  to  pass 

Ordinances.       all  ordinauccs  necessary  to  give  eifect  and  operation  to  all 

the  powers  vested  in  the  corporation   of  the  city  of  Balti- 

Non-residentsof  more,  but  the  ordinances  of  the  said  corporation  shall  be  in 
city-  .        ,  ,. 

no  wise  obligatory  upon  the  persons  ot  non-residents  of  said 


Mator  and  City  Council.  15 

Article  I. — Statutes. 

city,  unless  in  cases  of  intentional  violation  of  ordinances 
previously  promulgated.* 

CITY  OFFICERS. 

27.  The   Mayor  and  City  Council  may  pass  ordinances  ibid, sec.  25. 
rcifulatinK  the  manner  of  appointing  persons  to  office  under  Appointment  of 

00  rr  o    1  ^  officers  to  be 

the  corporation,  which  they  are  or  may  be  authorized  by  law  ^^jl^Jj^Jlg"*  ^y°^' 

to  appoint,  but  unless  such  ordinances  be  passed,  the  Mayor 

shall  nominate,  and,  by  and  with  the  advice  and  consent  of  when  Mayor  to 

'  appoint  with 

a  convention  of  the  two  branches  of  the  City  Council,  shall  consent  of  coun- 

appoint  all  officers  under  the  corporation,  except  the  Kegister 

of  the  City  and  the  clerks  employed  by  the  city  or  under 

their  authority  ;  the  Rej'ister  shall  be  appointed  by  a  converi-  Appointment 

•^    '  o  i  A  "  and  removal  of 

tion  of  the  two  branches  of  the  City  Council  biennially,  and  Register. 
shall  be  commissioned  by  the  Mayor,  but  shall  be  removable 
at  pleasure  by  a  convention  of  the  said  two  branches  ;  all 
vacancies  happening  during  the  recess  of  the  City  Council  vacancies,  ho^r 
shall  be  filled  by  the  Mayor,  until  the  ensuing  session  of  the 
City  Council. 

28.  All  persons  holding  office  under  the  corporation  of  iwd,sec.28. 
the  city  shall,  unless  a  different  term  of  holding  be  provided 

by  law  or  ordinance,  hold  such  office  at  the  pleasure  of  the  wh^^^^^XJ^ 
Mayor,  and  the  issuing  of  a  commission  by  tlie  Mayor  to  "^  ^'^y^'- 
any  person  as  an  officer  of  said  corporation  shall  be  evidence  commis^^on, 
jyrima  facie  in  any  court  in  this  State  of  the  regularity  and 
sufficiency  of  the   appointment  and  qualifications    of  such 
person  as  such  officer. 


*  The  Act  of  1876,  c.  367,  enacts  that,  any  municipal  corporation,  in  this 
State,  against  which  there  is  a  judgment  in  any  court  of  law  in  this  State, 
shall  have  power  to  levy  a  sum  of  money  upon  the  assessable  property  ol 
such  municipality  sulBcient  to  pay  such  judgments.  See  Watts  v.  President, 
&c.  Port  Deposit,  46  Md.  500. 


16  Mayor  and  City  Coitnotl. 


Article  I. — Ordinances. 


ORDINANCES. 

THE  MAYOR. 

No.  60,  Ap.ia,        1.     The  compensation  of  the  Mayor  of  the  City  of  Balti- 
saiary.  more  is  herehy  fixed  at  five  thousand  dollars  per  annum. 

No. 20, R.  o.  2.     The  president  of  either  branch  of  the  City  Council, 

Salary  of  Mayor  while  acting  as  Mayor,  shall  be  allowed  the  sum  of  seven 
dollars  per  day,  for  each  and  every  day  he  shall  act  as  such, 
and  the  Register  of  the  City  is  hereby  authorized  and  re- 
quired to  pay  such  sum  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

No.4,Dec.3,'67.      3.     lu  casc  of  Htigatiou  in   which  the  interests  of  the 

Mayor  and  City  Council  of  Baltimore  are  concerned,   the 

Authority  to     Mayor  is  authorized  to  execute  in  association  with  any  other 

execute  ;(ppeal  _  "^ 

bonds,  &c.  suitable  person  or  persons  he  may  procure,  appeal  bonds,  in- 
junction bonds,  securityships  for  costs  or  other  legal  obliga- 
tions, which  may  be  necessary  for  the  due  prosecution  of  the 
interests  of  the  municipal  corporation  in  such  cases  before 

indemnifica-  the  courts  ;  and  the  faith  of  the.  corporation  is  pledged  for 
the  due  indemnification  of  the  party  or  parties  who  may 
make  such  engagements  or  obligations  on  its  behalf.* 


tiou 


MAYOR'S  SECRETARY. 

No.  92,  May  15,  4.  Thcrc  shall  annually  be  appointed  as  other  city  officers 
are  appointed,  an  officer  who  shall.be  styled  the  Mayor's 

Duties.  Secretary,  who  shall  perform  such  duties  consistent  with  the 

character  of  the  office  as  the  Mayor  may  direct.  He  shall 
attend  at  the  Mayor's  office  from  9  o'clock  A.  M.  to  3  o'clock 
P.  M.,  and  at  such  other  times  as  the  Mayor  may  require 

Salary,  his  serviccs.     He  shall  receive  as  a  salary  for  his  services  the 

sum  of  sixteen  hundred  dollars  per  annum. 

♦The  Mayor  could  not  execute  appeal  bonds,  &c.,  before  this  ordinance. 
See  Mayor,  dc.  v.  B.  &  0.  R.  R.  Co.,  21  Md.  52. 


Mayor  and  City  Council.  17 

Article  I. — Ordinances. 


MAYOR'S  CLERK. 

5.  There  shall  annually  be  appointed  as  other  city  officers  iwd,  b.  2. 
are  appointed,  a  clerk  to  the  Mayor,  whose  duty  it  shall  he  Duties, 
to  attend  at  the  office  of  the  Mayor  during  office  hours,  and 

to  perform  such  duties  as  the  Mayor  may  prescribe  ;  and  the 
said  clerk  shall  also  act  as  secretary  to  the  Mayor  during  the 
absence  of  the  secretary,  keep  a  record  of  all  ordinances  and 
resolutions  presented  to  the  Mayor  and  signed  by  him,  and 
also  of  all  permits  for  various  purposes  which  may  be  issued 
from  the  Mayor's  office.  He  shall  receive  as  a  salary  for  his  saUry. 
services  the  sura  of  twelve  hundred  dollars  per  annum. 

6.  Neither  of  the  aforegoing  officers  shall  absent  himself  iwd.s.s. 
from  duty  without  the  permission  of  the  Mayor.  dutVwithout 

Mayor's  per- 
mission. 

CITY  COUNCIL. 

7.  If  any  member  of  the  City  Council  shall  neglect  to  no.  3,8.1, r.o. 
appear  at  the  hour  of  meeting  in  the  branch  of  which  he  is  penalty  for  ab- 
a  member,  or  shall,  after  appearance,  absent  himself  before 

the  hour  of  adjournment,  without  leave  first  obtained  of  the 
president  of  the  branch  of  which  he  is  a  member,  such  per- 
son shall  forfeit  and  pay  a  sum  not  exceeding  two  dollars  for 
each  oiFence,  unless  he  is  excused  by  the  branch  of  which  he 
is  a  member. 

8.  The  fines  and  forfeitures  incurred  under  this  ordinance  ibid,  s.  2. 
shall  be  deducted  out  of  any  allowance  due  to  the  member  Fines,  howcoi- 

lectcd, 

incurring  the  same  ;  and  if  such  member  shall  not  have  due 
to  him  a  sum  sufficient  to  discharge  and  pay  the  fines  and 
forfeitures  incurred  as  aforesaid,  the  balance  or  sum  remain- 
ing due  shall  and  may  be  collected  in  the  same  manner  as 
other  fines  and  forfeitures  are  and  may  be  collected. 

9.  If  any  member  shall  not  attend  during  the  session  of  iwd.s.s. 
the  City  Council,  he  shall  transmit  to  the  president  of  the 


18  Mayor  and  City  Council. 


Article  I.— Ordinances. 


Absence  during  branch  of  which  he  is  a  member  a  satisfactory  excuse,  in 
writing,  during  the  session,  or  he  may  be  fined  in  the  discre- 
tion of  his  branch,  not  exceeding  two  dollars  a  day  for  each 
day  he  shall  so  absent  himself. 

Ibid, s.  4.  10.     Neither  branch  shall  adjourn,  without  the  consent  of 

Adjournment,    the  other,  for  a  longer  time  than  one  day  during  the  session. 

No.  69.  s.  1,  II.     The  members  of  the  City  Council  shall  each  receive 

Compensation,  ouc  thousaud  dollars  per  annum,  as  a  compensation  for  their 
services. 

No.3,s.6,  R.  0.      12.     It  shall  not  be  lawful  for  any  member  of  the  City 

No.  90,  Oct.  5,  ,  _  •'  _  •' 

No  32  Mar  21  Couucil  to  bc  appointed  or  to  accept  appointment  to  any 

'^'"  office  or  clerkship  under  the  corporation  during  the  term 

for  which  he  was  elected  as  a  member  of  the  City  Council, 

Not  to  hold  any  the  Salary  or  emolument  of  which  are  fixed  and  determined 

other  office  of 

u"d°ir?orpora-  ^-*^'  ^^^  Mayor  and  City  Council,  whether  said  appointment 
"""•  be  made  by  the  Mayor  individually,  or  by  the  Mayor  and 

City  Council  in  convention,  or  by  any  other  officer  or  officers 

of  the  city. 

No.3,s.  7,R.o.      13.     It  shall  be  the  duty  of  each  of  the  chief  clerks  of  the 

Duty  of  chief    City  Couucil,  within  thirty  days  after  each  and  every  session, 

to  deliver,  in  person,  to  the  Register  of  the  City,  the  journal 

Journal,  peti-     of  his  respcctive  branch  of  the  City  Council ;  also  all  peti- 
tions, mes.sagcs    .  •'  '  I 

he'dSvidlo  ^^°°^'  memorials,  messages,  reports  and  commun-'cations  of 

Register.  evcry  description,  which  may  have  been  received  during  the 

session,  and  which  may  be  in  his  possession  at  the  close 

bl'^pJld  bTBeg- *'^®^®°^ '  ^^^  ^^®  Register  of  the  City  is  hereby  directed  to 

ister.  withhold  from  said  clerk  or  clerks,  one  half  of  the  amount 

or  amounts  which  may  be  due  him  or  thsm,  until  he  or  they 

shall  have  performed  all  the  duties  hereinbefore  prescribed. 

Ibid,  s.  8.  14.     The  said  clerks  shall,  before  they  deliver  the  papers 

endorse*'^a  c°  ^^'^^^^^^^5  ^"^orsc  cach  and  everyone  in  a  proper  manner, 
and  file  them  in  separate  bundles. 


Mayor  and  City  Council.  19 

Article  I. — Ordinances. 

15.  It  shall  be  their  duty  to  furnish  to  the  Printer  ap- iwd, ».  9. 

1   1  1        /^M  -1    i         1        ii  •       •  -111  No.  6,  Nov.  21, 

pointed  by  the  Council  to  do  the  printing  required  by  that '7i- 

body,  the  proceedings  of  each  branch,  together  with  all  peti- to  furnish  pro- 

.    ...  ,  ceedings  to 

tions,    memorials,    communications,    messages,    reports    01  city  printer, 
committees,  and  such  other  documents  as  shall  be  directed 
to  be  printed. 

16.  A  copy  of  the  journal  of  each  day's  proceedings  of  no.  30.  Mar. 
the  respective  branches  of  the  City  Council  shall  be  printed  copy  of  journal 

.        to  be  printed  on 

on  writing  paper  corresponding  in   size  and  margins  with  writing  paper. 
that    on    which    tlie   daily   proceedings   of   the    respective 
branches  of  the  City  Council  are  now  or  may  hereafter  be 
printed. 

17.  It  shall  be  the  duty  of  each  of  the  chief  clerks  of  no.  20  Feb. 

18,  '.W. 

the  City  Council  to  receive  from  the  City  Printer  a  copy  ot  no  3o,Mar. 
the  journal  of  each  day's  proceedings  of  the  branch  of  which  fj';^lf^'  ^ov. 
he  is  clerk,  printed  on  writing  paper,  as  provided  in  thecierksto 

•       1       1      11    1  •  J  receive  from 

preceding  section,  which  copy,  when  revised,  shall  be  signed  prmterofjour- 
by  the  respective  clerk  and  president  of  said  branch,  and  l^f;°^JJ''- 
shall  be,  by  said  clerks  respectively,  delivered  to  the  Regis-  to  be  delivered 

'      •'  1  "  -  ^  to  Register. 

ter  of  the  City,  by  whom  the  same  shall  bo  bound  in  a  sub- 
stantial manner,  and  preserved  in  the  City  Library  ;  which  preserved  m 

'  A  _  city  library. 

said  certified  journals  shall  be  evidence  of  the  proceedings  Evidence. 
of  the  respective  branches  of  the  City  Council. 

18.  The  clerks  of  each  branch  of  the  City  Council,  inNo.^3.s.ii 
engrossing  the  ordinances  and  resolutions  passed  by  the  City  Engrossing. 
Council,  shall  cause  the  same  to  be  done  on  paper  of  good 
quality  and  uniform  size,  each  sheet  with  an  inner  margin 

of  at  least  two  inches  in  width,  the  better  to  permit  the  same 
to  be  bound  as  provided  for  in  the  next  succeeding  section. 

19.  The  Register  shall  cause  the  original  engrossed  copies  no.s.s.t.r.  o. 
of  the  ordinances  and  resolutions,  passed  by  the  City  Coun-  Registenohave 
cil,  to  be  suitably  bound  in  a  volume,  labelled  with  the  year  ..--dordi. 
or  years  of  the  several  sessions  during  which  the  same  were 


20  Matoe  and  City  Council. 


Article  I.— Ordinances. 


passed,  and  properly  paged  and  supplied  with  an  index  of 
the  full  title  of  each  of  said  ordinances  and  resolutions. 

No.  78, May         "20.     It  shall  hc  the  dutv  of  the  Register,  immediately 

Register  to  send  after  the  approval  of  any  ordinance  or  resolution  of  the  City 

nanoeMo  hpads  Couucil,  aifccting;  any  of  the  departments  of  the  city  govern- 
or departmentK.  '  o        J  x  ^  ./    o 

ment,  either  hy  ordering  them  to  do  certain  work  or  other- 
wise, to  send  a  copy  of  such  ordinance  or  resolution  to  the 
head  of  department  so  alluded  to. 

No.  8,  s.  16,  21.     The  City  Librarian  shall  annually  furnish  to  the  State 

City  Librarian   Library  two  copies,  and  to  the  Library  Company  of  the  Balti- 
iTaocei",  &c.,  to  morc  Bar,  two  .copies  of  the  ordinances  and  journals  for  each 

State  library,  Ac  i-r.iiT  •  n     i  •  r'T->i- 

No.  34,  Ap.  3,    year  ;  and  to  the  Peabody  Institute  oi  the  city  ol  Baltimore 
Ordinances,  &c.  ouc  copy  of  the  Ordinances,  journals,  reports  and  other  publi- 

to  he  sent  to  ,  n     i  •         <•  i 

Peabody  insti-  catious  ot  the  City  tor  cach  year. 

Ibid,  s.  9.  22.     It  shall  be  the  duty  of  the  Register  to  cause  all  the 

Res.  No.  450,  .  .  "^  .         '^ 

Nov.  6,73.       ordinances  and  resolutions  of  the  city,  of  a  public  or  general 
Publication  of    iiaturc,  to  bc  publislicd  in  such  and  so  many  newspapers, 

ordinances,  &c., 

in  newspapers,  [one  of  wliich  sliall  bc  the  German  newspaper  of  the  city 
having  the  largest  circulation,]  as  he  may  deem  best  calcu- 
lated to  give  general  information  to  the  citizens  ;  provided  that 
no  higher  rate  or  charge  be  allowed  for  publication  in  the 
German  newspaper  than  shall  be  charged  for  printing  the 
same  ordinances  and  resolutions  in  the  newspapers  printed 
in  the  English  language,  and  that  the  whole  expense  to  be 
thereby  incurred  shall  not  exceed  the  annual  appropriation 

fmini  proor'  ^^^  ^^^^  objcct  ;  and  it  shall  be  his  duty  carefully  to  examine 

sheets.  tj^g  proof  shccts  of  the  ordinances  and  resolutions,  as  they  are 

printed  by  the  City  Printer  in  book  form,  and  to  furnish  an 

Index  to  ordi-    indcx  to  the  same  ;  which  books  shall  be  deposited  in  the 

nances.  ^ 

City  Library. 
No.j',g.i2,  23.     The  Register  is  hereby  directed,  on  the  certificate  of 

^ubiiFher^s'tobe  ^^^  Comptroller,  with  the  approbation  of  the  Mayor,  to  pay 
paid  quarterly,  quarterly  to  the  publishers  of  such  papers  as  may  be  desig- 


Mayob  and  City  Council.  21 

Article  I. — Ordinances. 

nated  for  that  purpose,  all  bills  for  public  or  corporation 
printing  which  may  be  required  by  ordinance,  or  which  shall 
be  ordered  by  any  of  the  corporate  authorities  of  the  city  ; 
provided,  that  the  whole  exjjense  thereby  incurred  shall  not  proviso, 
exceed  the  amount  annually  appropriated  for  that  purpose  ; 
and  that  all  the  bills  aforesaid  shall  be  certified  by  the  sev- 
eral parties  presenting  them,  to  be  charged  at  the  usual 
customarv  prices  charged  for  such  work,   from   which  the  as  per  cent,  to 

"      ^  '^  '  be  deducted. 

Kesister  shall  deduct  twenty-five  per  centum  upon  the  pay- 
ment thereof. 


24.  It  shall  be  the  duty  of  tlie  assistant  clerk  of  the  first  No.  3,  s.  10, 

,      R.  o. 

branch  of  the  City  Council,  nnder  the  direction  of  the  chief  Duty  of  assis- 
tant clerk  of 
clerk,  with  the  approval  of  the  president  of  the  first  branch,  first  branch. 

to  engross  all  ordinances  and  resolutions  passed  by  the  Coun- 
cil which  originate  in  the  first  branch  ;  to  have  all  petitions, 
memorials,  messages,  rei)orts  and  communications,  properly 
endorsed,  ready  for  the  signature  of  the  chief  clerk  ;  to  write 
all  messages  from  the  first  to  the  second  branch,  and  to  pre- 
pare all  communications  rendered  necessary  by  order  or  reso- 
hit'on  of  the  branch,  ready  for  the  signature  of  the  chief 
clerk  ;  to  convey  all  messages  from  the  first  to  the  second 
branch,  and  to  perform  all  such  other  duties  as  may  be  re- 
quired of  him  by  the  Council  in  connection  with  their  busi- 
ness, except  the  preparation  of  the  manuscript  journal  for 
the  City  Printer,  and  the  recording  of  the  approved  proceed- 
ings in  the  regular  journal  of  the  session  ;  provided,  how-  proviso. 
ever,  that  in  case  of  the  absence  from  sickness  or  other  cause 
of  the  chief  clerk,  he  shall  perform  said  duty  also. 

25.  The  chief  clerks  of  the  City  Council  shall  on  the  last  iwd,  s.  11. 
day  of  every  session,  lay  before  their  respective  branches  a  Per  diem  sheet. 
per  diem  sheet  with  the  name  of  every  member,  the  number 

of  days  he  has  attended,  as  recorded  on  their  journals  for  the 
said  session,  and  the  amount  carried  out  to  each  name  ;  and 


22  Mayor  and  City  Council. 


Article  I. — Ordinances. 


shall,  furthermore,  deliver  said  sheet  to  the  Register  of  the 
City  within  five  days  after  each  session. 

Ibid,  s.  12.  26.     The  clerk  of  the  second  branch  is  constituted  the 

Clerk  to  the  two  chief  clcrk  of  the  two  branches  when  in  convention,  and  as 

branches  in 

convention.      such,  shall  immediately  after  the  adjournment  of  a  conven- 
tion, notify  the  Mayor  of  the  adoption  or  rejection  of  any 
nomination,  and  of  all  appointments  made  by  said  convention. 
Ibid, 8. 13.  27.     It  shall  be  the  duty  of  the  clerks  of  the  two  branches 

weei£iy  state-    of  the  City  Couucil  to  prepare  weekly  statements   of  the 

ments  of  appro-  ''  l       r  j 

pnations.  appropriations  of  money  passed  by  the  two  branches  of  the 
City  Council,  and  on  each  Monday  during  the  session,  to 
place  the  same  on  the  journals  of  the  respective  branches  of 
the  City  Council,  and  such  statements  shall  show  the  aggre- 
gate amount  of  appropriations  up  to  the  time  of  preparing 
them. 

OATH. 

No. I.Nov.  28.     Every  member  of  the  branches  of  the  City  Council 

31,  'o7.  •' 

and  every  corporation  officer,  shall  respectively  before  enter- 
ber\\nd'^or";-  ^"«  ^^  ^"^  ^"^^^  ^^  ^^^^  officcr,  take  and  subscribe  the  oath 
set  forth  in  the  sixth  section  of  Article  I  of  the  Constitution, 
and  no  other  oath.* 


ration  officers. 


*This  ordinance  recites  tliat  sec.  6,  Art.  1  of  tlie  Constitution  requires, 
that  "  every  person  elected  or  appointed  to  any  office  of  profit  or  trust  under 
this  Constitution,  or  under  the  laws  made  pursuant  thereto,  shall,  before  he 
enters  on  the  duties  of  such  office,"  take  the. oath  set  forth  in  said  section 
and  that  the  37th  article  of  the  Bill  of  .Eights  ordains,  "  nor  shall  the  Legis- 
lature prescribe  any  other  oath  of  office  than  the  oath  prescribed  by  the 

Con8titution."--The  oath  is  as  follows:     I, ,  do  swear,  (or  affirm,  as 

the  case  may  be,)  that  I  will  support  the  Constitution  of  the  United  States; 
and  that  I  will  be  faithful  and  bear  true  allegiance  to  the  State  of  Maryland', 
and  support  the  Constitution  and  Laws  thereof;  and  that  I  will,  to  the  best 
of  my  skill   and  judgment,  diligently  and  faithfully,  without  partiality  or 

prejudice,  execute  the  office  of ,  according  to  the  Constitution  and 

Laws  of  this  btate,  (and,  if  a  governor,  senator,  member  of  the  House  <;f 
Delegates,  or  judge,)  that  I  will  not  directly  or  indirectly,  receive  the  profits 
or  any  part  of  the  profits,  of  any  other  office  during  the  term  of  my  acting 


Mayor  and  City  Council.  23 


Article  I. — Ordinances. 


CLAIMS  BEFORE  COUNCIL. 

29.  No  claim  shall  be  considered  by  the  Council  after  the  no. 88,  June, '7i 
period  of  limitation  has  elapsed  by  which  under  the  law  of  Limitations  on 
the  State  of  Maryland  such  claim  would  be  barred, 

30.  The  Register  shall  pay  no  claim,  order  or  demand  no.  23,  s.i, 

1        ^.        Mar.  IG,  '71. 

made  upon  him  for  committee  or  other  expenses  of  the  City 
Council  not  autliorized  by  ordinance  or  resolution,  unless  he  payments  by 

Register. 

shall  have  produced  to  him,  together  with  the  warrant  of 
the  City  Comptroller,  the  account  of  such  expenses,  with 
the  endorsement  and  approval  thereon  of  a  majority  of  the 
members  of  the  joint  standing  committee  on  claims,  existing 
at  the  time  such  expenses  were  incurred. 

31.  It  shall  be  the  duty  of  the  joint  standing  committee  iwd.s.a. 
on  claims  of  each  Council  to  examine  carefully  all  accounts  Duty  of  joint 

St»ndiiig  Com- 

presented  to  them,  of  committee  or  other  expenses  of  the  ^^^l^^'^" 
Council,  not  authorized  by  resolution  or  ordinance,  and  they 
shall  require  satisfactory  evidence  to  be  produced  to  them  of 
the  correctness  of  such  accounts ;  and  if  for  committee  ex- 
penses, they  shall  require  the  endorsement  of  a  majority  of 
the  committee  interested,  and  a  full  statement  of  the  charges  a  sutementof 
made,  and  evidence  of  the  propriety  and  reasonableness  of 
such  charges.  They  shall  then  endorse  on  such  accounts 
their  approval  or  rejection  thereof,  and  certify  the  same  to 

the  Comptroller. 

FISCAL  YEAR. 

32.  The  fiscal  year  of  the  corporation  shall  begin  on  the  No.^57,  June 
first  day  of  January,  and  end  on  the  thirty-first  day  of  Fiscal  year. 
December  in  every  year. 

33.  The  Register  of  the  City,  and  all  other  officers  of  the  ibid  s.  2. 
corporation,  shall  make  to  the  Mayor  and  City  Council  their  when^omcers^^ 
annual  reports  and  returns  of  all  matters,  as  required  by  "^ -'"-• 
law,  connected  with  their  respective  offices,  as  soon  after  the 

said  thirty-first  day  of  December  as  practicable. 


24 


Mayor  and  City  Council. 


Article  I. — Ordinauces. 


No.  29,  May 
2,  '77. 

Departments, 
&c.,  to  report 
indebtedness. 


34.  The  heads  of  the  several  departments  of  the  citj'^ 
government,  as  well  as  the  officers  or  commissions  that  are 
charged  with  the  ma'king  of  contracts,  or  the  expenditure  of 
the  public  money,  shall,  in  making  up  their  annual  reports 
to  the  Mayor  and  City  Council,  or  in  submitting  reports  to 
the  Comptroller,  as  the  case  may  be,  state  the  amount  of 
their  indebtedness  respectively,  and  for  what  purposes  or 
object  such  indebtedness  was  incurred. 

35.  The   Comptroller   shall,    as   soon   after  the  termin- 
comptroiierto   atiou  of  cach  fiscal  year  as  may  be  practicable,  report  to  the 

report  indebted- 
ness over  appro-  QJtV  CoUUCi  I  the  indebtedness  of  any  department,   commis- 
priation.  *'  ^i  i.  j 

sion,  &c.,  whenever  such  indebtedness,  added  to  the  sum 
expended,  will  jjroduce  an  excess  over  and  above  the  sum 
appropriated  for  the  use  of  the  department,  commission,  &c., 
as  the  case  may  be. 


Ibid,  8.  8. 


No. 4,8.4, R.o.  36.  If  any  officer  or  officers  of  the  corporation,  shall, 
without  authority,  expend  or  contract  for  the  expending  any 
public  money,  or  shall  in  any  case  exceed  the  appropriation, 
he  or  they  shall  be  held  liable  in  his  or  their  individual 
capacity  for  the  amount  so  improperly  expended  or  contracted 
to  be  expended. 


Not  to  exceed 
appropriation. 


Penalty. 


Res.  No.  250, 
Oct.  5,  '69. 
Register  to 
notify  city 
officers  as  to 
expenditures. 


When  Comp- 
troller to  with- 
hold his  war- 
rant. 


37.  It  shall  be  the  duty  of  the  Kegister  to  notify  all 
officers  of  the  corporation  that  under  and  by  virtue  of  the 
preceding  section,  they  and  each  of  them  are  liable  in  their 
individual  capacities  for  any  violation  of  the  provisions  of 
said  section,  and  enjoin  on  them  the  necessity  of  regulating 
their  expenditures  to  the  amount  appropriated  by  the  Mayor 
and  City  Council.  And  it  shall  be  the  duty  of  the  Comp- 
troller to  withhold  his  warrant  from  any  officer  or  officers  of 
the  corporation  for  the  payment  of  any  moneys  after  the 
amount  appropriated  for  the  specific  object  shall  have  been 
expended. 


Mayor  and  City  Council.  25 

Article  I. — Ordinances. 


WARDS. 

38.  The  limits  of  the  several  wards  and  precincts  are  as 
follows  :* 

First  Ward. — Beginning  at  the  intersection  of  Monument 
street  and  Wolfe  street ;  thence  east  along  the  south  side  of 
Monument  street  to  city  limits ;  thence  south  along  city 
limits  to  Lazaretto  ;  thence  around  the  water  line  of  North- 
west Branch  to  Fell  street ;  thence  along  the  east  side  of 
Fell  street  to  Wolfe  street ;  thence  north  along  the  east  side 
of  Wolfe  street  to  the  place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  the  city 
limits  and  the  water  line  (at  the  Lazaretto)  ;  thence  around 
the  water  line  of  the  Northwest  Branch  to  Luzerne  street ; 
thence  alonjf  the  east  side  of  Luzerne  street  to  Eastern 
avenue  ;  thence  along  the  south  side  of  Eastern  avenue  to  the 
city  limits  ;  thence  south  along  the  city  limits  to  the  place 
of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Luzerne 
street  and  the  water  line  ;  thence  along  the  water  line  to 
Chester  street ;  thence  along  the  east  side  of  Chester  street 
to  Canton  avenue  ;  thence  along  the  south  side  of  Canton 
avenue  to  Choptank  street ;  thence  along  the  east  side  of 
Choptank  street  to  Eastern  avenue  ;  thence  along  the  south 
side  of  Eastern  avenue  to  Luzerne  street ;  thence  along  the 
west  side  of  Luzerne  street,  south  to  the  place  of  beginning. 


*Ttiese  are  the  boundaries  of  the  twenty  wards  of  Baltimore  city  as  es- 
tablished by  the  Mayor  and  City  Council  in  1860,  under  ordinance  No.  79, 
Sept.  18,  1860,  and  of  the  several  precincts  of  said  wards  as  re-established 
by  the  Board  of  Police  Commissioners  under  the  Act  of  1876,  ch.  347.— 
(See  Article  XVII,  "  Elections.") 

The  city  was  divided  into  twelve  wards  by  Act  of  1817,  ch.  148,  and 
finally  into  twenty  wards  by  the  Acts  of  1844,  ch.  282;  1845,  ch.  238  and 
1847,  ch.  175. 


26  Mayor  and  City  Council. 


Article  I. — Ordinances. 


Precinct  No.  3. — Beginning  at  the  intersection  of  Chester 
street  and  the  water  line,  thence  along  tlie  water  line  to  Fell 
street  ;  thence  along  the  northeast  side  of  Fell  street  to 
Wolfe  street ;  thence  along  the  east  side  of  Wolfe  street  to 
Bank  street ;  thence  along  the  south  side  of  Bank  street  to 
Washington  street ;  thence  along  the  west  side  of  Washing- 
ton street  to  Eastern  avenue  ;  thence  along  the  south  side  of 
Eastern  avenue  to  Choptank  street ;  thence  along  the  west 
side  of  Choptank  street  to  Canton  avenue  ;  thence  along  the 
north  side  of  Canton  avenue  to  Chester  street;  thence  along 
the  west  side  of  Chester  street  to  the  place  of  beginning. 

Precinct  JVo.  4. — Beginning  at  the  intersection  of  the  city 
limits  and  Eastern  avenue  ;  thence  along  the  north  side  of 
Eastern  avenue  to  Washington  street ;  thence  along  the  east 
side  of  Washington  street  to  Bank  street ;  thence  along  the 
north  side  of  Bank  street  to  Wolfe  street  ;  thence  along  the 
east  side  of  Wolfe  street  to  Gough  street ;  thence  along  the 
south  side  of  Gough  street  to  Chester  street ;  thence  along 
the  west  side  of  Chester  street  to  Bank  street ;  thence  alons: 
the  north  side  of  Bank  street  to  the  city  limits  ;  thence 
along  the  city  limits,  south,  to  the  place  of  Jbeginning. 

Precinct  JVo.  5. — Beginning  at  the  intersection  of  the 
city  limits  and  Bank  street ;  thence  along  the  north  side  of 
Bank  street  to  Chester  street ;  thence  along  the  east  side  of 
Chester  street  to  Gough  street  ;  thence  along  the  north  side 
of  Gough  street  to  Wolfe  street ;  thence  along  the  east  side 
of  Wolfe  street  to  Pratt  street ;  thence  along  the  south  side 
of  Pratt  street  to  the  city  limits  ;  thence  along  the  city 
limits,  south,  to  the  place  of  beginning. 

Precinct  No.  6, — Beginning  at  the  intersection  of  the  city 
limits  and  Pratt  street ;  thence  along  the  north  side  of  Pratt 
street  to  Wolfe  street ;  thence  along  the  east  side  of  Wolfe 
street  to  Baltimore  street ;  thence  along  the  south  side  of 


Mayor  and  City  Council.  27 


Article  I. — Ordinances. 


Baltimore  street  to  the  city  limits  ;  thence  along  the  city 
limits,  south,  to  the  place  of  beginning. 

Precinct  No.  7. — Beginning  at  the  intersection  of  Chester 
street  and  Baltimore  street ;  thence  along  the  north  side  of 
Baltimore  street  to  Wolfe  street ;  thence  along  the  east  side 
of  Wolfe  street  to  Orleans  street  ;  thence  along  the  south 
side  of  Orleans  street  to  Chester  street ;  thence  along  the 
west  side  of  Chester  street  to  the  place  of  beginning. 

Precinct  No.  8. — Beginning  at  the  intersection  of  the 
city  limits  and  Baltimore  street ;  thence  along  the  north 
side  of  Baltimore  street  to  Chester  street ;  thence  along  the 
east  side  of  Chester  street  to  Orleans  street ;  thence  along 
the  north  side  of  Orleans  street  to  Wolfe  street ;  thence 
along  the  east  side  of  Wolfe  street  to  Monument  street  ; 
thence  along  the  south  side  of  Monument  street  to  the  city 
limits  ;  thence  along  the  city  limits,  south,  to  the  place  of 
beginning. 

Second  Ward. — Beginning  at  the  intersection  of  Bank 
street  and  Wolle  street ;  thence  south  along  the  west  side 
of  Wolfe  street  to  Fell  street ;  thence  southeast  along  the 
southwest  side  of  Fell  street  to  water  line  ;  thence  along 
the  water  line  of  Northwest  Branch  and  Jones'  Falls  to 
Eastern  avenue  ;  thence  east  along  the  south  side  of  Eastern 
avenue  to  Central  avenue  ;  thence  north  along  the  east  side 
of  Central  avenue  to  Bank  stieet;  thence  east  along  the 
south  side  of  Bank  street  to  the  place  of  beginning. 

Precinct  No.  1.— Beginning  at  the  intersection  of  the 
water  line  and  Fell  street ;  thence  along  the  southwest  side 
of  Fell  street  to  Wolfe  street ;  thence  along  the  west  side 
of  Wolfe  street  to  Canton  avenue  ;  thence  along  the  south 
side  of  Canton  avenue  to  Bond  street ;  thence  along  the  east 
side  of  Bond  street  to  Alice  Anna  street  ;  thence  along  the 
north  side  of  Alice  Anna  street  to  Broadway  ;  thence  along 


28  Mayor  and  City  Council. 


Article  I. — Ordinances. 


the  east  side  of  Broadway  to  the  water  line  ;  thence  along 
the  water  line  to  the  place  of  beginning. 

Precinct  JVo.  2. — Beginning  at  the  intersection  of  the 
water  line  and  Broadway  ;  thence  along  the  west  side  of 
Broadway  to  Alice  Anna  street ;  thence  along  the  south  side 
of  Alice  Anna  street  to  Caroline  street ;  thence  along  the 
east  side  of  Caroline  street  to  Dock  street ;  thence  along 
the  south  side  of  Dock  street  to  the  water  line ;  thence 
along  the  water  line  to  the  place  of  beginning. 

Precinct  JVo.  3. — Beginning  at  the  intersection  of  Wolfe 
street  and  Canton  avenue  ;  thence  along  the  north  side  of 
Canton  avenue  to  Bond  street ;  thence  along  the  east  side 
of  Bond  street  to  Bank  street ;  thence  along  the  south  side 
of  Bank  street  to  Wolfe  street ;  thence  along  the  west  side 
of  Wolfe  street  to  the  place  of  beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Alice 
Anna  street  and  Bond  street ;  thence  along  the  north  side 
of  Alice  Anna  street  to  Caroline  street ;  thence  along  the 
west  side  of  Caroline  street  to  Lancaster  street ;  thence 
along  the  north  side  of  Lancaster  street  to  Jones'  Falls  ; 
thence  along  the  east  side  of  Jones'  Falls  to  Eastern  avenue  ; 
thence  along  the  south  side  of  Eastern  avenue  to  Central 
avenue ;  thence  along  the  east  side  of  Central  avenue  to 
Bank  street;  thence  along  the  south  side  of  Bank  street  to 
Bond  street ;  thence  along  the  west  side  of  Bond  street  to 
the  jjlace  of  beginning. 

Third  Ward.— Beginning  at  the  intersection  of  Central 
avenue  and  Baltimore  street ;  thence  south  along  the  east 
side  of  Central  avenue  to  Bank  street ;  thence  east  alono- 
the  north  side  of  Bank  street  to  Wolfe  street ;  thence  north 
along  the  west  side  of  Wolfe  street  to  Baltimore  street; 
thence  west  along  the  south  side  of  Baltimore  street  to  the 
place  of  beginning. 


Mayor  and  City  Council.  29 

Article  I. — Ordinances. 

Precinct  JVo.  1. — Beginning  at  the  intersection  of  Bank 
street  and  Wolfe  street ;  thence  along  the  north  side  of 
Bank  street  to  Broadway  ;  thence  along  the  east  side  of 
Broadway  to  Pratt  street;  thence  along  the  south  side  of 
Pratt  street  to  Wolfe  street ;  thence  along  the  west  side  of 
Wolfe  street  to  the  place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Bank 
street  and  Broadway  ;  thence  along  the  north  side  of  Bank 
street  to  Caroline  street ;  thence  along  the  east  side  of  Caro- 
line street  to  Pratt  street ;  thence  along  the  south  side  of 
Pratt  street  to  Broadway;  thence  along  the  west  side  of 
Broadway  to  the  place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Pratt 
street  and  Wolfe  street  ;  thence  along  the  north  side  of 
Pratt  street  to  Broadway;  thence  along  the  east  side  of 
Broadway  to  Baltimore  street ;  thence  along  the  south  side 
of  Baltimore  street  to  Wolfe  street  ;  thence  along  the  west 
side  of  Wolfe  street  to  the  place  of  beginning. 

Preanc^  iVb.  4 —Beginning  at  the  intersection  of  Pratt 
street  and  Broadway  ;  thence  along  the  north  side  of  Pratt 
street  to  Caroline  street ;  thence  along  the  east  side  of  Caro- 
line street  to  Baltimore  street ;  thence  along  the  south  side 
of  Baltimore  street  to  Broadway  ;  thence  along  the  west 
side  of  Broadway  to  the  place  of  beginning. 

Precinct  No.  5.— Beginning  at  the  intersection  of  Bank 
street  and  Caroline  street;  thence  along  the  north  side  of 
Bank  street  to  Central  avenue  ;  thence  along  the  east  side 
of  Central  avenue  to  Baltimore  street ;  thence  along  the 
south  side  of  Baltimore  street  to  Caroline  street;  thence 
along  the  west  side  of  Caroline  street  to  the  place  of  begin- 
ning. 

Fourth  Ward.— Beginning  at  the  intersection  of  Central 
avenue  and  Favette  street ;  thence  south  along  the   west 


30  Mayor  and  City  Council. 


Article  I. — Ordinances. 


side  of  Central  avenue  to  Eastern  avenue ;  thence  west 
along  the  north  side  of  Eastern  avenue  around  to  Jones' 
Falls ;  thence  north  along  the  line  of  Jones'  Falls  to  Fay- 
ette street ;  thence  east  along  the  south  side  of  Fayette 
street  to  the  place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Eastern 
avenue  and  Central  avenue  ;  thence  along  the  west  side  of 
Central  avenue  to  Stiles  street ;  thence  along  the  south  side 
of  Stiles  street  to  Exeter  street ;  thence  along  the  west  side 
of  Exeter  street  to  Pratt  street ;  thence  along  the  south  side 
of  Pratt  street  to  East  Falls  avenue  ;  thence  along  East 
Falls  avenue  to  Eastern  avenue  ;  thence  along  the  north  side 
of  Eastern  avenue  to  the  place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Pratt 
street  and  Exeter  street ;  thence  along  the  west  side  of  Exe- 
ter street  to  Fayette  street ;  thence  along  the  south  side  of 
Fayette  street  to  Jones'  Falls  ;  thence  along  the  east  side  of 
Jones'  Falls  to  Pratt  street ;  thence  along  the  north  side  of 
Pratt  street  to  the  place  of  beginning. 

Precinct  No.  3.— Beginning  at  the  intersection  of  Stiles 
street  and  Central  avenue ;  thence  along  the  north  side  of 
Stiles  street  to  Exeter  street  ;  thence  along  the  east  side  of 
Exeter  street  to  Fayette  street ;  thence  along  the  south  side 
of  Fayette  street  to  Central  avenue  ;  thence  along  the  west 
side  of  Central  avenue  to  the  place  of.  beginning. 

Fifth  Ward.— Beginning  at  the  intersection  of  Fayette 
street  and  Central  avenue  ;  thence  westward  along  the  north 
side  of  Fayette  street  to  Jones'  Falls  ;  thence  north  along 
the  line  of  Jones'  Falls  to  Hillen  street ;  thence  northeast- 
erly along  the  southeasterly  side  of  Hillen  street  to  Monu- 
ment street;  thence  east  along  the  south  side  of  Monument 
street  to  Central  avenue  ;  thence  south  along  the  west  side 
of  Central  avenue  to  the  place  of  beginning. 


Mayor  and  City  Council.  31 

Article  I. — Ordinances. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Fayette 
street  and  Central  avenue  ;  thence  along  the  west  side  of 
Central  avenue  to  Orleans  street ;  thence  along  the  south 
side  of  Orleans  street  to  Forrest  street ;  thence  along  the 
west  side  of  Forrest  street  to  Low  street ;  thence  along  the 
southeast  side  of  Low  street  to  Chestnut  street ;  thence  along 
the  northeast  side  of  Chestnut  street  to  Douglas  street ; 
thence  along  the  north  side  ot  Douglas  street  to  East  street ; 
thence  along  tlie  northeast  side  of  East  street  to  Fayette 
street ;  thence  along  the  north  side  of  Fayette  street  to  the 
place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Central 
avenue  and  Orleans  street ;  thence  along  the  west  side  of 
Central  avenue  to  Monument  street ;  thence  along  the  south 
side  of  Monument  street  to  Aisquith  street;  thence  along 
the  east  side  of  Aisquith  street  to  Low  street ;  thence  along 
the  southeast  side  of  Low  street  to  Forrest  street ;  thence 
along  the  northeast  side  of  Forrest  street  to  Orleans  street ; 
thence  along  the  north  side  of  Orleans  street  to  the  place  of 
beginning. 

Precinct  No.  3.— Beginning  at  the  intersection  of  Aisquith 
street  and  Monument  street ;  thence  along  the  south  side  of 
Monument  street  to  Hillen  street ;  thence  along  the  south- 
east side  of  Hillen  street  to  Chestnut  street ;  thence  along 
the  northeast  side  of  Chestnut  street  to  Low  street ;  thence 
along  the  northwest  side  of  Low  street  to  Aisquith  street ; 
thence  along  the  west  side  of  Aisquith  street  to  the  place  of 
beginning. 

Precinct  No.  4.— Beginning  at  the  intersection  of  Hillen 
street  and  Chestnut  street ;  thence  along  the  southeast  side 
of  Hillen  street  to  Jones'  Falls ;  thence  along  the  northeast 
side  of  Jones'  Falls  to  Low  street  ;  thence  along  the  north- 
west side  of  Low  street  to  Chestnut  street ;  thence  along  the 
southwest  side  of  Chest.nut  street  to  the  place  of  beginning. 


32  Mayor  and  City  Council. 


Article  I. — Ordinances. 


Precinct  No.  5.  —Beginning  at  the  intersection  of  Fayette 
street  and  East  street ;  thence  along  the  west  side  of  East 
street  to  Douglas  street ;  thence  along  the  south  side  of 
Douglas  street  to  Chestnut  street ;  thence  along  the  south- 
west side  of  Chestnut  street  to  Low  street ;  thence  along  the 
southeast  side  of  Low  street  to  Jones'  Falls  ;  thence  along 
the  northeast  side  of  Jones'  Falls  to  Fayette  street ;  thence 
along  the  north  side  of  Fayette  street  to  the  place  of  begin- 
ning. 

Sixth  Ward. — Beginning  at  the  intersection  of  Monument 
street  and  Central  avenue  ;  thence  east  along  the  south  side 
of  Monument  street  to  Wolfe  street ;  thence  south  along  the 
west  side  of  Wolfe  street  to  Baltimore  street ;  thence  west 
along  north  side  of  Baltimore  street  to  Central  avenue  ; 
thence  north  along  the  east  side  of  Central  avenue  to  the 
place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Balti- 
more street  and  Wolfe  street ;  thence  west  along  the  north 
side  of  Baltimore  street  to  Bond  street ;  thence  along  the 
east  side  of  Bond  street  to  Fayette  street ;  thence  along  the 
south  side  of  Fayette  street  to  Wolfe  street ;  thence  along 
the  west  side  of  Wolfe  street  to  the  place  of  beginning. 

Precinct  No.  2.  — Beginning  at  the  intersection  of  Wolfe 
street  and  Fayette  street ;  thence  north  along  the  west  side 
of  Wolfe  street  to  Monument  street ;  thence  along  the  south 
side  of  Monument  street  to  Broadway  ;  thence  along  the  east 
side  of  Broadway  to  Fayette  street ;  thence  along  the  north 
side  of  Fayette  street  to  the  place  of  beginning. 

Precinct  No.  3.  — Beginning  at  the  intersection  of  Monu- 
ment street  and  Broadway  ;  thence  west  along  the  south  side 
of  Monument  street  to  Caroline  street ;  thence  along  the  east 
side  of  Caroline  street  to  Orleans  street ;  thence  along  the 


Mayor  and  City  Codncil.  33 


Article  I. — Ordinances. 


north  side  of  Orleans  street  to  Broadway  ;  thence  along  the 
west  side  of  Broadway  to  the  place  of  beginning. 

Precinct  No.  4.— Beginning  at  the  intersection  of  Monu- 
ment street  and  Caroline  street ;  thence  west  along  the  south 
side  of  Monument  street  to  Central  avenue  ;  thence  alonff 
the  east  side  of  Central  avenue  to  Orleans  street ;  thence 
along  the  north  side  of  Orleans  street  to  Caroline  street ; 
thence  along  the  west  side  of  Caroline  street  to  the  place  of 
beginning. 

Precinct  No.  5. — Beginning  at  the  intersection  of  Central 
avenue  and  Orleans  street ;  thence  south  along  the  east  side 
of  Central  avenue  to  Holland  street ;  thence  along  the  north 
side  of  Holland  street  to  Caroline  street ;  thence  along  the 
east  side  of  Caroline  street  to  Fayette  street ;  thence  along 
the  northwest  side  of  Fayette  street  to  Broadway ;  thence 
along  the  west  side  of  Broadway  to  Orleans  street ;  thence 
along  the  south  side  of  Orleans  street  to  the  place  of  begin- 
ning. 

Precinct  No.  6. — Beginning  at  the  intersection  of  Balti- 
more street  and  Central  avenue  ;  thence  east  along  the  north 
side  of  Baltimore  street  to  Bond  street ;  thence  along  the 
west  side  of  Bond  street  to  Fayette  street ;  thence  along  the 
southeast  side  of  Fayette  street  to  Caroline  street ;  thence 
along  the  west  side  of  Caroline  street  to  Holland  street ; 
thence  along  the  south  side  of  Holland  street  to  Central 
avenue  ;  thence  along  the  east  side  of  Central  avenue  to  the 
place  of  beginning. 

Seventh  Ward.— Beginning  at  the  intersection  of  Monu- 
ment street  and  Ensor  street ;  thence  north  along  the  east 
side  of  Ensor  street  to  Harford  avenue  ;  thence  north  along 
the  east  side  of  Harford  avenue  to  city  limits ;  thence  east 
and  south  along  city  limits  to  Monument  street;    thence 


34  Mayor  and  City  Council. 


Article  I. — Ordinances. 


west  along  the  north  side  of  Monument  street  to  the  place  of 
beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Monu- 
ment street  and  East  Boundary  avenue  ;  thence  westerly 
along  the  north  side  of  Monument  street  to  Broadway ; 
thence  along  the  east  side  of  Broadway  to  Eager  street ; 
thence  along  the  south  side  of  Eager  street  to  East  Boundary 
avenue  ;  thence  along  the  west  side  of  East  Boundary  ave- 
nue to  the  place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Monu- 
ment street  and  Broadway ;  thence  westerly  along  the  north 
side  of  Monument  street  to  Caroline  street ;  thence  along 
the  east  side  of  Caroline  street  to  Madison  street ;  thence 
along  the  south  side  of  Madison  street  to  Bond  street ; 
thence  along  the  east  side  of  Bond  street  to  Eager  street ; 
thence  along  the  south  side  of  Eager  street  to  Broadway  ; 
thence  along  the  west  side  of  Broadway  to  the  place  of  be- 
ginning. ' 

Precinct  No.  3. — Beginning  at  the  intersection  of  Monu- 
ment street  and  Gay  street ;  thence  easterly  along  the  north 
side  of  Monument  street  to  Caroline  street;  thence  along  the 
west  side  of  Caroline  street  to  Madison  street ;  thence  alons: 
the  north  side  of  Madison  street  to  Bond  street  ;  thence 
along  the  west  side  of  Bond  street  to  Eager  street ;  thence 
along  the  south  side  of  Eager. street  to  Gay  street;  thence 
along  the  southeast  side  of  Gay  street  to  the  place  of  begin- 
ning. 

Precinct  No.  4.— Beginning  at  the  intersection  of  Monu- 
ment street  and  Ensor  street ;  thence  easterly  along  the 
north  side  of  Monument  street  to  Gay  street ;  thence  along 
the  northwest  side  of  Gay  street  to  Chew  street;  thence 
along  the  south  side  of  Chew  street  to  Ensor  street ;  thence 
along  the  east  side  of  Ensor  street  to  the  place  of  beginning. 


« 


Mayor  and  City  Council.  35 

Article  I. — Ordinances. 

Prechict  No.  5.  —Beginning  at  the  intersection  of  Ensor 
street  and  Chew  street ;  tlience  easterly  along  the  north  side 
of"  Chew  street  to  Gay  street ;  thence  along  the  northwest 
side  of  Gay  street  to  Easier  street ;  thence  along  the  south 
side  of  Eager  street  to  Aiscjiiith  street ;  thence  along  the 
west  side  of  Aisquith  street  to  Harford  avenue ;  thence 
along  the  southeast  side  of  Harford  avenue  to  Ensor  street ; 
thence  along  the  east  side  of  P^nsor  street  to  the  place  of  he- 
ginning. 

Precinct  No.  6. — Beginning  at  the  intersection  of  Harford 
avenue  and  John  street ;  thence  easterly  along  the  south  side 
of  John  street  to  Caroline  street ;  thence  along  the  west  side 
of  Caroline  street  to  Eager  street ;  thence  along  the  north 
side  of  Eager  street  to  Aisquith  street ;  thence  along  the 
east  side  of  Aisquith  street  to  Harford  avenue  ;  thence  along 
the  east  side  of  Harford  avenue  to  the  place  of  heginning. 

Precinct  No.  V. — Beginning  at  the  intersection  of  Harford 
avenue  and  John  street ;  thence  east  along  the  north  side  of 
John  street  to  Washington  street;  thence  along  the  west 
side  of  Washington  street  to  Gay  street ;  thence  along  the 
northwest  side  of  Gay  street  to  North  Boundary  avenue; 
thence  along  the  south  side  of  North  Boundary  avenue  to 
Harford  avenue  ;  thence  along  the  east  side  of  Harfoi'd  ave- 
nue to  the  place  of  beginning. 

Precinct  No.  8. — Beginning  at  the  intersection  of  Ann 
street  and  Eager  street ;  thence  westerly  along  the  north 
side  of  Eager  street  to  Caroline  street ;  thence  along  the 
east  side  of  Caroline  street  to  John  street ;  thence  along  the 
south  side  of  John  street  to  Ann  street ;  thence  along  the 
west  side  of  Ann  street  to  the  place  of  beginning. 

Precinct  No.  9.— Beginning  at  the  intersection  of  Ann 
street  and  Eager  street ;  thence  northerly  along  the  east  side 
of  Ann  street  to  John  street ;  thence  along  the  south  side  of 


36  Mayok  and  City  Council. 

Article  I. — Ordinances. 

John  street  to  Washington  street ;  thence  along  the  east 
side  of  Washington  street  to  Gay  street ;  thence  along  the 
southeast  side  of  Gay  street  to  North  Boundary  avenue ; 
thence  along  the  south  side  of  North  Boundary  avenue  to 
East  Boundary  avenue ;  thence  along  the  west  side  of  East 
Boundary  avenue  to  Eager  street;  thence  along  the  north 
side  of  Eager  street  to  the  place  of  beginning. 

Eighth  Ward. — Beginning  at  the  intersection  of  Hillen 
street  and  Jones'  Falls ;  thence  northeast  along  the  north- 
west side  of  Hillen  street  to  Ensor  street ;  thence  north  along 
the  west  side  of  Ensor  street  to  Harford  avenue ;  thence 
north  along  the  west  side  of  Harford  avenue  to  city  limits  ; 
thence  west  along  city  limits  to  Jones'  Falls  ;  thence  south- 
wardly along  Jones'  Falls  to  the  place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Jones' 
Falls  and  Hillen  street ;  thence  along  the  northwest  side  of 
Hillen  street  to  Monument  street ;  thence  along  the  south 
side  of  Monument  street  to  Forrest  street ;  thence  along  the 
east  side  of  Forrest  street  to  Front  street ;  thence  along  the 
southeast  side  of  Front  street  to  Centre  street ;  thence  along 
the  southwest  side  of  Centre  street  to  Jones'  Falls  ;  thence 
along  the  east  side  of  Jones'  Falls  to  the  place  of  begin- 
ning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Jones' 
Falls  and  Centre  street  ;  thence  along  the  northeast  side  of 
Centre  street  to  Front  street ;  thence  along  the  northwest 
side  of  Front  street  to  Forrest  street ;  thence  northerly  to 
the  northeast  corner  of  Greenmount  avenue  and  Monument 
street ;  thence  along  the  north  side  of  Monument  street  to 
Ensor  street  ;  thence  along  the  west  side  of  Ensor  street  to 
Chew  street ;  thence  along  the  south  side  of  Chew  street  to 
Harford  avenue  ;  thence  along  the  southeast  side  of  Harford 
avenue  to  Madison  street;  thence  along  the  south  side  of 


Mayor  and  City  Council.  37 

Article  I. — Ordinances. 

Madison  street  to  Jones'  Falls  ;  thence  along  the  east  side  of 
Jones'  Falls  to  the  place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Jones' 
Falls  and  Madison  street ;  thence  along  the  north  side  of 
Madison  street  to  Harford  avenue ;  thence  along  the  north- 
west side  of  Harford  avenue  to  Chew  street ;  thence  along 
the  north  side  of  Chew  street  to  Ensor  street ;  thence  along 
the  west  side  of  Ensor  street  to  Eager  street ;  thence  along 
the  south  side  of  Eager  street  to  Jones'  Falls  ;  thence  along 
the  east  side  of  Jones'  Falls  to  the  place  of  beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Jones' 
Falls  and  Eager  street ;  thence  along  the  north  side  of  Eager 
street  to  Harford  avenue  ;  thence  along  the  northwest  side  of 
Harford  avenue  to  John  street ;  thence  along  the  south  side 
of  John  street  to  Greenmount  avenue  ;  thence  along  tlie  east 
side  of  Greenmount  avenue  to  Chase  street ;  thence  along 
the  south  side  of  Chase  street  to  Jones'  Falls  ;  thence  along 
the  east  side  of  Jones'  Falls  to  the  place  of  beginning. 

Precinct  No.  5.— Beginning  at  the  intersection  of  Jones' 
Falls  and  Chase  street ;  thence  along  the  nortli  side  of  Chase 
street  to  Greenmount  avenue  ;  thence  along  the  west  side  of 
Greenmount  avenue  to  John  street ;  thence  along  the  north 
side  of  John  street  to  Harford  avenue ;  thence  along  the 
northwest  side  of  Harford  avenue  to  North  Boundary  avenue  ;  ^ 

thence  along  the  south  side  of  North  Boundary  avenue  to 
Jones'  Falls  ;  thence  along  the  northeast  side  of  Jones'  Falls 
to  the  place  of  beginning. 

Ninth  Ward.— Beginning  at  the  intersection  of  Charles 
street  and  Pratt  street ;  thence  easterly  along  the  north  side 
of  Pratt  street  and  around  the  Basin  to  Jones'  Falls  ;  thence 
northerly  along  the  line  of  Jones'  Falls  to  Franklin  street; 
thence  westerly  along  the  south  side  of  Franklin  street  to 


3S  Mayor  and  City  Council. 


Article  I. — Ordinances. 


Charles   street ;    thence   southerly   along   the  east   side  of 
Charles  street  to  the  place  of  beginning. 

Precinct  JVo.  1. — Beginning  at  the  mouth  of  Jones'  Falls  ; 
thence  along  the  west  side  thereof  to  Baltimore  street ; 
thence  along  the  south  side  of  Baltimore  street  to  Charles 
street ;  thence  along  the  east  side  of  Charles  street  to  Pratt 
street ;  thence  along  the  north  side  of  Pratt  street  to  Bowly's 
wharf;  thence  along  Bowly's  wharf  and  the  water  front  to 
the  place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Balti- 
more street  and  the  west  side  of  Jones'  Falls  ;  thence  along 
the  north  side  of  Baltimore  street  to  Calvert  street ;  thence 
along  the  east  side  of  Calvert  street  to  Franklin  street ; 
thence  along  the  south  side  of  Franklin  street  to  Jones' 
Falls ;  thence  along  the  west  side  of  Jones'  Falls  to  the 
place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Calvert 
street  and  Baltimore  street ;  thence  along  the  north  side  of 
Baltimore  street  to  Charles  street ;  thence  along  the  east  side 
of  Charles  street  to  Franklin  street ;  thence  along  the  south 
side  of  Franklin  street  to  Calvert  street ;  thence  along  the 
west  side  of  Calvert  street  to  the  place  of  beginning. 

Tenth  Ward. — Beginning  at  the  intersection  of  Franklin 
street  and  Paca  street ;  thence  easterly  along  the  south  side 
of  Franklin  street  to  Charles  street ;  thence  southerly  along 
the  west  side  of  Charles  street  to  Pratt  street ;  thence  west- 
erly along  the  north  side  of  Pratt  street  to  Paca  street ; 
thence  northerly  along  the  east  side  of  Paca  street  to  the 
place  of  beginning. 

Precinct  No.  1.— Beginning  at  the  intersection  of  Pratt 
street  and  Charles  street  ;  thence  along  the  north  side  of 
Pratt  street  to  Paca  street ;  thence  along  the  east  side  of  Paca 


Mayor  and  City  Council.  39 

Article  I. — Ordinances. 

street  to  Baltimore  street ;  thence  along  the  south  side  of 
Baltimore  street  to  Howard  street ;  thence  along  the  east  side 
of  Howard  street  to  Fayette  street ;  thence  along  the  south 
side  of  Fayette  street  to  Charles  street ;  thence  along  the 
west  side  of  Charles  street  to  the  place  of  beginning 

Precinct  No.  2. — Beginning  at  the  intersection  of  Charles 
street  and  Fayette  street ;  thence  along  the  north  side  of 
Fayette  street  to  Howard  street ;  thence  along  the  east  side 
of  Howard  street  to  Saratoga  street ;  thence  along  the  south 
side  of  Saratoga  street  to  Charles  street ;  thence  along  the 
west  side  of  Charles  street  to  the  place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Balti- 
more street  and  Howard  street ;  thence  along  the  north  side 
of  Baltimore  street  to  Paca  street ;  thence  along  the  east  side 
of  Paca  street  to  Franklin  street ;  thence  along  the  south 
side  of  Franklin  street  to  Eutaw  street;  tlience  along  the 
west  side  of  Eutaw  street  to  Saratoga  street ;  thence  along 
the  south  §ide  of  Saratoga  street  to  Howard  street ;  thence 
along  the  west  side  of  Howard  street  to  the  place  of  begin- 
ning. 

Precinct  No.  4.— Beginning  at  the  intersection  of  Charles 
street  and  Saratoga  street ;  thence  along  the  north  side  of 
Saratoga  street  to  Eutaw  street ;  thence  along  the  east  side 
of  Eutaw  street  to  Franklin  street ;  thence  along  the  south 
side  of  Franklin  street  to  Charles  street ;  thence  along  the 
west  side  of  Charles  street  to  the  place  of  beginning. 

Eleventh  Ward.— Beginning  at  the  intersection  of  Frank- 
lin street  and  Paca  street;  thence  northerly  along  the  east 
side  of  Paca  street  to  Druid  Hill  avenue  ;  thence  northwest- 
erly along  the  northeast  side  of  Druid  Hill  avenue  to  Biddle 
street;  thence  northeast  and  east  along  the  southeast  and 
south  side  of  Biddle  street  to  Jones'  Falls;  thence  southerly 
along  the  line  of  Jones'  Falls  to  Franklin   street;   thence 


40  Mayob  and  City  Council. 

Article  I. — Ordinances. 

westerly  along  the  north  side  of  Franklin  street  to  the  place 
of  beginning. 

Precinct  No.  1 . — Beginning  at  the  intersection  of  Franklin 
street  and  Park  avenue;  thence  along  the  north  side  of 
Franklin  street  to  Paca  street ;  thence  along  the  east  side  of 
Paca  street  to  southwest  side  of  Druid  Hill  avenue  ;  thence 
along  the  southwest  side  of  Druid  Hill  avenue  to  Eutaw 
street ;  thence  along  the  east  side  of  Eutaw  street  to  Madison 
street ;  thence  along  the  south  side  of  Madison  street  to  Park 
avenue;  thence  along  the  west  side  of  Park  avenue  to  the 
place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Druid 
Hill  avenue  and  Eutaw  street;  thence  along  the  northeast 
side  of  Druid  Hill  avenue  to  Biddle  street ;  thence  along  the 
southeast  side  of  Biddle  street  to  Richmond  Market ;  thence 
along  the  south  side  of  Richmond  Market  to  Howard  street ; 
thence  along  the  west  side  of  Howard  street  to  Madison 
street;  thence  along  the  north  side  of  Madison  street  to  the 
west  side  of  Eutaw  street;  thence  along  the  west  side  of 
Eutaw  street  to  the  place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Howard 
street  and  Madison  street  ;  thence  along  the  east  side  of 
Howard  street  to  Richmond  street ;  thence  along  the  north- 
east side  of  Richmond  street  to  Biddle  street ;  thence  along 
the  southeast  side  of  Biddle  street  to  Cathedral  street ;  thence 
along  the  southwest  side  of  Cathedral  street  to  Madison 
street ;  thence  along  the  north  side  of  Madison  street  to  the 
place  of  beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Franklin 
street  and  Park  avenue  ;  thence  along  the  east  side  of  Park 
avenue  to  Madison  street ;  thence  along  the  south  side  of 
Madison  street  to  Jones'  Falls  ;  thence  along  the  west  side  of 
Jones'  Falls  to  Franklin  street ;  thence  along  the  north  side 
of  Franklin  street  to  the  place  of  beginning. 


Mayor  and  City  Council.  41 

Article  I. — Ordinances. 

Precinct  J^o.  5. — Beginning  at  the  intersection  of  Madison 
street  and  Cathedral  street ;  thence  along  the  east  side  of 
Cathedral  street  to  Biddle  street ;  thence  along  the  soutli  side 
of  Biddle  street  to  the  west  side  of  Jones'  Falls  ;  thence  along 
the  west  line  of  Jones'  Falls  to  Madison  street ;  thence  along 
the  north  side  of  Madison  street  to  the  place  of  beginning. 

Twelfth  Ward. — Beginning  at  the  intersection  of  Druid 
Hill  avenue  and  Biddle  street ;  thence  northeasterly  and 
easterly  along  the  northwest  and  north  side  of  Biddle  street 
10  Jones'  Falls  ;  thence  northerly  alon'g  the  line  of  Jones' 
Falls  to  city  limits  ;  thence  westerly  along  the  city  limits  to 
Druid  Hill  avenue ;  thence  southeasterly  along  the  northeast 
side  of  Druid  Hill  avenue  to  the  place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Biddle 
street  and  Jones'  Falls  ;  thence  along  the  west  and  southwest 
side  of  Jones'  Falls  to  North  avenue ;  thence  along  the  south 
side  of  North  avenue  to  Cathedral  street ;  thence  along  the 
east  side  of  Cathedral  street  to  Dolphin  street;  thence  along 
the  southeast  side  of  Dolphin  street  to  Bolton  street ;  thence 
along  the  northeast  side  of  Bolton  street  to  Hoifman  street ; 
thence  along  the  southeast  side  of  Hoffman  street  to  Linden 
avenue  ;  thence  along  the  northeast  side  of  Linden  avenue  to 
Biddle  street ;  thence  along  the  northwest  and  north  sides  of 
Biddle  street  to  the  place  of  beginning. 

Precinct  No.  2  —Beginning  at  the  intersection  of  Biddle 
street  and  Linden  avenue  ;  thence  along  the  northeast  side  of 
Biddle  street  to  Druid  Hill  avenue  ;  thence  along  the  north- 
east side  of  Druid  Hill  avenue  to  Hoffman  street  ;  thence 
along  the  southeast  side  of  Hoffman  street  to  Linden  avenue  ; 
thence  along  the  southwest  side  of  Linden  avenue  to  the  place 
of  beginning. 

Precinct  No.  3.— Beginning  at  the  intersection  of  Bolton 
street  and  Hoffman  street ;  thence  along  the  northwest  side  of 


42  Mayor  and  City  Council. 


Article  I. — Ordinances. 


Hoffman  street  to  Druid  Hill  avenue  ;  thence  along  the  north- 
east side  of  Druid  Hill  avenue  to  Lanvale  street ;  the-nce  along 
tlie  southeast  side  of  Lanvale  street  to  Park  avenue  ;  thence 
along  the  northeast  side  of  Park  avenue  to  North  avenue  ; 
thence  along  the  south  side  of  North  avenue  to  Cathedral 
street ;  thence  along  the  west  side  of  Cathedral  street  to 
Dolphin  street ;  thence  along  the  northwest  side  of  Dolphin 
street  to  Bolton  street  ;  thence  along  the  southwest  side  of 
Bolton  street  to  the  place  of  beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Lanvale 
street  and  Park  avenue  ;  thence  along  the  northwest  side  of 
Lanvale  street  to  Druid  Hill  avenue  ;  thence  along  the  north- 
east side  of  Druid  Hill  avenue  to  North  avenue  ;  thence 
along  the  south  side  of  North  avenue  to  Park  avenue  ;  thence 
along  the  southwest  side  of  Park  avenue  to  the-  place  of  be- 
ginning. 

Thirteenth  Ward.— Beginning  at  the  intersection  of  Lex- 
ington street  and  Paca  street  ;  thence  westerly  along  the 
north  side  of  Lexington  street  to  Poppleton  street ;  thence 
northerly  along  the  east  side  of  Poppleton  street  to.  Franklin 
street ;  thence  easterly  along  the  south  side  of  Frankb'n 
street  to  Paca  street ;  thence  southerly  along  the  west  side  of 
Paca  street  to  the  place  of  beginning. 

Precinct  No  1.— Beginning  at  the  intersection  of  Lexing- 
ton street  and  Paca  street ;  thence  along  the  west  side  of 
Paca  street  to  Franklin  street ;  thence  along  the  south  side 
of  Franklin  street  to  Pearl  street  ;  thence  along  the  east  side 
of  Pearl  street  to  Saratoga  street ;  thence  along  the  south 
side  of  Saratoga  street  to  Pine  street ;  thence  along  the  east 
side  of  Pine  street  to  Lexington  street;  thence  along  the 
north  side  of  Lexington  street  to  the  place  of  beginning. 

Precinct  No,  2.— Beginning  at  the  intersection  of  Pine 
street  and  Lexington  street ;  thence  along  the  west  side  of 


Mayor  and  City  Council.  43 

Article  I. — Ordinances. 

Pine  street  to  Saratoga  street  ;  thence  along  the  north  side 
of  Saratoga  street  to  Pearl  street ;  thence  along  the  west  side 
of  Pearl  street  to  Franklin  street  ;  thence  along  the  south 
side  of  Franklin  street  to  Myrtle  avenue  ;  thence  along  the 
east  side  of  Myrtle  avenue  to  Lexington  street ;  thence  along 
the  north  side  of  Lexington  street  to  the  place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Saratoga 
street  and  Myrtle  avenue  ;  thence  along  the  west  side  of 
Myrtle  avenue  to  Franklin  street ;  thence  along  the  south 
side  of  Franklin  street  to  Fremont  street ;  thence  along  the 
northeast  side  of  Fremont  street  to  Saratoga  street ;  thence 
along  the  north  side  of  Saratoga  street  to  the  place  of  begin- 
ning. 

Precinct  No.  4.— Beginning  at  the  intersection  of  Lexing- 
ton street  and  Myrtle  avenue  ;  thence  along  the  west  side  of 
Myrtle  avenue  to  Saratoga  street;  thence  along  the  south 
side  of  Saratoga  street  to  Fremont  street ;  thence  along  the 
southwest  side  of  Fremont  street  to  Franklin  street ;  thence 
along  the  south  side  of  Franklin  to  Poppleton  street;  thence 
along  the  east  side  of  Poppleton  street  to  Lexington  street  ; 
thence  along  the  north  side  of  Lexington  street  to  the  place 
of  beginning. 

Fourteenth  Ward.— Beginning  at  the  intersection  of 
Pratt  street  and  Paca  street ;  thence  westerly  along  the  north 
side  of  Pratt  street  to  Poppleton  street ;  thence  northerly 
along  the  east  side  of  Poppleton  street  to  Lexington  street ; 
thence  easterly  along  the  south  side  of  Lexington  street  to 
Paca  street ;  and  thence  southerly  along  the  west  side  of 
Paca  street  to  the  place  of  beginning. 

Precinct  No.  1.— Beginning  at  the  intersection  of  Pratt 
street  and  Paca  street ;  thence  along  the  west  side  of  Paca 
street  to  Fayette  street ;  thence  along  the  south  side  of  Fay- 
ette street  to  Pearl  street ;  thence  along  the  east  side  of 


44  Mayor  and  City  Council. 


Article  I. — Ordinances. 


Pearl  street  to  Baltimore  street  ;  thence  along  the  south  side 
of  Baltimore  street  to  Fremont  street ;  thence  along  the 
northeast  side  of  Fremont  street  to  Pratt  street ;  thence 
along  the  north  side  of  Pratt  street  to  the  place  of  begin- 
ning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Pratt 
street  and  Fremont  street ;  thence  along  tlie  southwest  side 
of  Fremont  street  to  Baltimore  street ;  thence  along  the 
south  side  of  Baltimore  street  to  Poppleton  street ;  thence 
along  the  east  side  of  Poppleton  street  to  Pratt  street ; 
thence  along  the  north  side  of  Pratt  street  to  the  place  of 
beginning. 

Precinct  No.  3, — Beginning  at  the  intersection  of  Fayette 
street  and  Paca  street ;  tlience  along  the  west  side  of  Paca 
street  to  Lexington  street ;  thence  along  the  south  side  of 
Lexington  street  to  Fremont  street  ;  thence  along  the  north- 
east side  of  Fremont  street  to  Fayette  street  ;  thence  along 
the  north  side  of  Fayette  street  to  Pine  street ;  thence  along 
the  east  side  of  Pine  street  to  Baltimore  street ;  thence  along 
the  north  side  of  Baltimore  street  to  Pearl  street ;  thence 
along  the  west  side  of  Pearl  street  to  Fayette  street ;  thence 
along  the  north  side  of  Fayette  street  to  tlie  place  of  begin- 
ning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Pine 
street  and  Baltimore  street;  thence  along  the  west  side  of 
Pine  street  to  Fayette  street  ;  thenqe  along  the  south  side  of 
Fayette  street  to  Fremont  street ;  thence  along  the  southwest 
side  of  Fremont  street  to  Lexington  street ;  thence  along  the 
south  side  of  Lexington  street  to  Poppleton  street ;  thence 
along  the  east  side  of  Poppleton  street  to  Baltimore  street ; 
thence  along  the  north  side  of  Baltimore  street  to  the  place 
of  beginning. 


Mayor  and  City  Council.  45 

Article  I. — Ordinances. 

Fifteenth  Ward, — Beginning  at  the  intersection  of  How- 
ard street  and  Pratt  street ;  thonce  southerly  along  the  east 
side  of  Howard  street'  to  Henrietta  street;  thence  easterly 
along  the  nortli  side  of  Henrietta  and  Warren  streets  to  the 
water  line  of  the  Basin  ;  thence  along  the  water  line  of  the 
Basin  to  Pratt  street;  thence  westerly  along  the  south  side 
of  Pratt  street  to  the  place  of  beginning. 

Precmct  No.  1, — Beginning  at  the  intersection  of  Light 
street  and  Warren  street  ;  thence  along  the  north  side  of 
Warren  street  to  the  water  line  of  the  Basin  ;  thence  along 
the  said  water  line  to  the  intersection  of  Light  street  and 
Lee  street ;  thence  along  the  east  side  of  Light  street  to  the 
place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Henri- 
etta street  and  Light  street  ;  thence  along  the  north  side  of 
Henrietta  street  to  Charles  street ;  thence  along  the  east  side 
of  Charles  street  to  Pratt  street ;  thence  along  the  south  side 
of  Pratt  street  to  Light  street ;  thence  along  the  west  side 
of  Light  street  to  the  place  of  beginning. 

Precinct  No.  3.— Beginning  at  the  intersection  of  Charles 
street  and  Henrietta  street;  thence  along  the  north  and 
northeast  side  of  Henrietta  street  to  Howard  street ;  thence 
along  the  southeast  side  of  Howard  street  to  Montgomery 
street;  thence  along  the  southwest  side  of  Montgomery 
street  to  Sharp  street ;  thence  along  the  east  side  of  Sharp 
street  to  Hill  street ;  thence  along  the  south  side  of  Hill 
street  to  Hanover  street ;  thence  along  the  west  side  of  Han- 
over street  to  Montgomery  street ;  thence  along  the  south 
side  of  Montgomery  street  to  Charles  street ;  thence  along 
the  west  side  of  Charles  street  to  the  place  of  beginning. 

Precinct  No.  4.— Beginning  at  the  intersection  of  Mont- 
gomery street  and  Charles  street ;  thence  along  the  north 
side  of  Montgomery  street  to  Hanover  street ;  thence  along 


46  Mayor  and  City  Council. 


Article  I. — Ordinances. 


the  east  side  of  Hanover  street  to  Pratt  street ;  thence  along 
the  south  side  of  Pratt  street  to  Charles  street ;  thence  along 
the  west  side  of  Charles  street  to  the  place  of  beginning. 

Precinct  No.  5. — Beginning  at  the  intersection  of  Hill 
street  and  Hanover  street :  thence  along  the  north  side  of 
Hill  street  to  Sharp  street  ;  thence  along  the  east  side  of 
Sharp  street  to  Pratt  street ;  thence  along  the  south  side  of 
Pratt  street  to  Hanover  street ;  thence  along  the  west  side  of 
Hanover  street  to  the  place  of  beginning. 

Precinct  No.  6. — Beginning  at  the  intersection  of  Mont- 
gomery street  and  Sharp  street ;  thence  along  the  north  side 
of  Montgomery  street  to  Howard  street ;  thence  along  the 
east  side  of  Howard  street  to  Pratt  street ;  thence  along  the 
south  side  of  Pratt  street  to  Sharp  street ;  thence  along  the 
west  side  of  Sharp  street  to  the  place  of  beginning. 

Sixteenth  Ward. — Beginning  at  the  intersection  of  Pratt 
street  and  Howard  street ;  thence  southerly  along  the  west 
side  of  Howard  street  to  Hamburg  street ;  thence  northwest- 
erly along  the  northeast  side  of  Hamburg  street  and  the 
northeast  side  of  Cross  street  to  Poppleton  street ;  thence 
northerly  along  the  east  side  of  Poppleton  street  to  Pratt 
street ;  thence  easterly  along  the  south  side  of  Pratt  street 
to  the  place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Ham- 
burg street  and  Howard  street ;  thence  along  the  northeast 
side  of  Hamburg  street  and  Fremont  street ;  thence  along 
the  northeast  side  of  Fremont  street  to  Lee  street ;  thence 
along  the  southeast  side  of  Lee  street  to  Howard  street ; 
thence  along  the  west  side  of  Howard  street  to  the  place  of 
beginning. 

Precinct  No.  2.— Beginning  at  the  intersection  of  Lee 
street  and  Howard  street ;  thence  along  the  north  side  of 


Mayor  and  City  Council.  '         47 


Article  I.— Ordinances. 


Lee  street  to  Greene  street ;  thence  along  the  northeast  and 
east  side  of  Greene  street  to  Pratt  street ;  thence  along  the 
south  side  of  Pratt  street  to  Howard  street ;  thence  along 
the  west  side  of  Howard  street  to  the  place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Lee 
street  and  Greene  street ;  thence  along  the  northwest  side  of 
Lee  street  to  Fremont  street ;  thence  along  the  northeast  side 
of  Fremont  street  to  South  Paca  street ;  thence  along  the 
southeast  side  of  South  Paca  street  to  Greene  street ;  thence 
along  the  southwest  side  of  Greene  street  to  the  place  of 
beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Ham- 
burg street  and  Fremont  street ;  thence  along  the  northeast 
side  of  Hamburg  street  and  northeast  side  of  Cross  street  to 
Parkin  street ;  thence  along  the  east  side  of  Parkin  street  to 
St.  Peter  street ;  thence  along  the  south  side  of  St.  Peter 
street  to  Fremont  street ;  thence  along  the  southwest  side  of 
Fremont  street  to  the  place  of  beginning. 

Precinct  No.  5. — Beginning  at  the  intersection  of  Kamsay 
street  and  Fremont  street ;  thence  along  the  south  side  of 
Ramsay  street  to  Poppleton  street  ;  thence  along  the  east 
side  of  Poppleton  street  to  Columbia  street ;  thence  along 
the  south  side  of  Columbia  street  to  Cross  street ;  thence 
along  the  northeast  side  of  Cross  street  to  Parkin  street ; 
thence  along  the  west  side  of  Parkin  street  to  St.  Peter 
street ;  thence  along  the  north  side  of  St.  Peter  street  to 
Fremont  street ;  thence  along  the  southwest  side  of  Fre- 
mont street  to  the  place  of  beginning. 

Precinct  No.  6.— Beginning  at  the  intersection  of  Ptanisay 
street  and  Fremont  street ;  thence  along  tlie  north  side  of 
Ramsay  street  to  Poppleton  street ;  thence  along  tlie  east 
side  of  Poppleton  street  to  Pratt  street ;  thence  along  the 
south  side  of  Pratt  street  to  Fremont  street ;  thence  along 


48  Mayor  and  Cixr  Council. 


Article  I. — Ordinances. 


the  southwest  side  of  Fremont  street  to  the  place  of  begin- 
ning. 

Precinct  Ng.  7. — Beginning  at  the  intersection  of  South 
Paca  street  and  Greene  street  ;  thence  along  the  northwest 
side  of  South  Paca  street  to  Fremont  street  ;  thence  along 
the  northeast  side  of  Fremont  street  to  Pratt  street ;  thence 
along  the  south  side  of  Pratt  street  to  Greene  street ;  thence 
along  the  west  side  and  southwest  side  of  Greene  street  to 
the  place  of  beginning. 

Seventeenth  Ward. — Beginning  at  the  intersection  of 
Henrietta  street  and  Hanover  street ;  thence  easterly  along 
the  south  side  of  Henrietta  street  and  Warren  street  to  the 
water  line  of  the  Basin  ;  thence  along  the  water  line  of  the 
Basin  and  the  Northwest  Branch  to  the  Patapsco  river  ; 
thence  along  the  north  and  west  sides  of  the  Patapsco  river 
to  the  water  line  of  the  Middle  Branch  ;  thence  northerly 
along  said  water  line  to  Clement  street ;  thence  easterly 
along  the  south  side  of  Clement  street  to  Hanover  street ; 
thence  northerly  along  the  east  side  of  Hanover  street  to 
the  place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Johnson 
street  and  Clement  street ;  thence  along  the  east  side  of 
Johnson  street  to  Randall  street ;  thence  along  the  south 
side  of  Randall  street  to  Light  street ;  thence  along  the 
east  side  of  Light  street  and  Ferry  Bar  road  to  the  water 
line  of  the  Patapsco  river ;  thence  along  said  water  line, 
and  the  water  line  of  the  Northwest  Branch,  to  Clement 
street ;  thence  along  the  south  side  of  Clement  street  to  the 
place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Johnson 
street  and  Clement  street ;  thence  along  the  west  side  of 
Johnson  street  to  Randall  street ;  thence  along  the  north 
side  of  Randall  street  to  Light  street ;  thence  along  the  east 


Mayor  and  City  Council.  49 


Article  I. — Ordinances. 


side  of  Light  street  to  Gittings  street  ;  thence  along  the 
south  side  of  Gittings  street  and  Clement  street  to  the  place 
of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Light 
street  and  West  street ;  thence  along  the  east  side  of  Light 
street  to  Gittings  street ;  thence  along  the  north  side  of 
Gittings  street  and  Clement  street  to  the  water  line  of  the 
Basin  ;  thence  along  the  water  line  to  Cross  street ;  thence 
along  the  south  side  of  Cross  street  to  William  street ; 
thence  along  the  east  side  of  William  street  to  West  street ; 
thence  along  the  south  side  of  West  street  to  the  place  of 
beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Light 
street  and  Warren  street ;  thence  along  the  east  side  of 
Light  street  to  West  street ;  thence  along  the  north  side  of 
West  street  to  William  street ;  thence  along  the  west  side 
of  William  street  to  Cross  street ;  thence  along  the  north 
side  of  Cross  street  to  the  water  line  of  the  Basin  ;  thence 
along  the  water  line  to  Warren  street ;  thence  along  the 
south  side  of  Warren  street  to  the  place  of  beginning. 

Precinct  No.  5. — Beginning  at  the  intersection  of  Light 
street  and  Henrietta  street  ;  thence  along  the  west  side  of 
Light  street  to  Cross  street ;  thence  along  the  north  side  of 
Cross  street  to  Hanover  street ;  thence  along  the  east  side 
of  Hanover  street  to  Henrietta  street ;  thence  along  the 
south  side  of  Henrietta  street  to  the  place  of  beginning. 

Precinct  No.  6. — Beginning  at  the  intersection  of  Light 
street  and  Cross  street ;  thence  along  the  west  side  of  Light 
street  and  Ferry  Bar  road,  to  the  water  line  of  the  Middle 
Branch  ;  thence  along  the  water  line  to  Clement  street ; 
thence  along  the  south  side  of  Clement  street  to  Hanover 
street ;  thence  along  the  east  side  of  Hanover  street  to  Cross 
street ;  thence  along  the  south  side  of  Cross  street  to  the 
place  of  beginning. 


60  Mayor  and  City  Council. 


Article  I. — Ordinances. 


Eighteenth  Ward. — Beginning  at  the  intersection  of  Bal- 
timore street  and  Poppleton  street ;  thence  soutlierly  along 
the  west  side  of  Poppleton  street  to  Cross  street ;  thence 
southeasterly  along  the  southwest  side  of  Cross  street  and 
Hamburg  street  to  Howard  street ;  thence  northerly  along 
the  east  side  of  Howard  street  to  Henrietta  street ;  thence 
easterly  along  the  south  side  of  Henrietta  street  to  Hanover 
street ;  thence  southerly  along  the  west  side  of  Hanover 
street  to  Clement  street ;  thence  westerly  along  the  north 
side  of  Clement  street  to  the  water  line  of  the  Middle 
Branch  ;  thence  along  the  water  line  of  the  Middle  Branch 
and  Gwynn's  Falls  to  the  city  limits  ;  thence  northerly 
along  the  line  of  the  city  limits  to  Baltimore  street ;  thence 
easterly  along  the  south  side  of  Baltimore  street  to  the  place 
of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Hanover 
street  and  Henrietta  street ;  thence  along  the  west  side  of 
Hanover  street  to  Cross  street ;  thence  along  the  northeast 
side  of  Cross  street  to  Leadenhall  street ;  thence  along  the 
southeast  side  of  Leadenhall  street  to  Hamburg  street ; 
thence  along  the  northeast  side  of  Hamburg  street  to  How- 
ard street  ;  thence  along  the  southeast  side  of  Howard 
street  to  Henrietta  street ;  thence  along  the  southwest  side 
of  Henrietta  street  to  the  place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Hanover 
street  and  Cross  street ;  thence  along  the  west  side  of  Han- 
over street  to  Clement  street  ;  thence  along  the  north  side 
of  Clement  street  to  Howard  street ;  thence  along  the  south- 
east side  of  Howard  street  to  Cross  street ;  thence  along  the 
southwest  side  of  Cross  street  to  Sharp  street ;  thence  along 
the  southeast  side  of  Sharp  street  to  Hamburg  street ;  thence 
along  the  southwest  side  of  Hamburg  street  to  Leadenhall 
street ;  thence  along  the  northwest  side  of  Leadenhall  street 


Mayor  and  City  Council.  51 


Article  I. — Ordinances. 


to  Cross  street ;  thence  along  the  southwest  side  of  Cross 
street  to  the  place  of  beginning. 

PrecmctNo.  3. — Beginning  at  the  intersection  of  Sharp 
street  and  Haniburg  street;  thence  along  the  northwest  side 
of  Sharp  street  to  Cross  street ;  thence  along  the  northeast 
side  of  Cross  street  to  Howard  street ;  thence  along  the 
northwest  side  of  Howard  street  to  the  water  line  of  the 
Middle  Branch  ;  thence  along  the  water  line  of  the  Middle 
Branch  to  Russell  street ;  thence  along  the  southeast  side  of 
Russell  street  to  Hamburg  street ;  thence  along  the  south- 
west side  of  Hamburg  street  to  the  place  of  beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Russell 
street  and  Hamburg  street ;  thence  along  the  northwest  side 
of  Russell  street  to  the  water  line  of  the  Middle  Branch ; 
thence  along  the  water  line  of  the  Middle  Branch  and 
Gwynn's  Falls  to  Washington  avenue ;  thence  along  the 
southeast  side  of  Washington  avenue  to  Cross  street ;  thence 
along  the  southwest  side  of  Cross  street  to  Hamburg  street ; 
tbence  along  the  southwest  side  of  Hamburg  street  to  the 
place  of  beginning. 

Precinct  No.  5. — Beginning  at  the  intersection  of  Pratt 
street  and  Poppleton  street ;  thence  along  the  west  side  of 
Poppleton  street  to  Columbia  street ;  thence  along  the  north 
side  of  Columbia  street  to  Washington  avenue  ;  thence  along 
the  northwest  side  of  Washington  avenue  to  Gwynn's  Falls ; 
thence  along  the  line  of  Gwynn's  Falls  to  the  track  of  the 
Baltimore  and  Ohio  Railroad  Company ;  thence  along  the 
southeast  side  of  the  track  of  the  Baltimore  and  Ohio  Rail- 
road Company  to  Gilmor  street ;  thence  along  the  east  side 
of  Gilmor  street  to  Pratt  street ;  thence  along  the  south  side 
of  Pratt  street  to  the  place  of  beginning. 

Precinct  No.  6.— Beginning  at  the  intersection  of  Gilmor 
streef  and  Pratt  street ;  thence  along  the  west  side  of  Gilmor 


Mayor  and  City  Council. 


Article  I. — Ordinances. 


street  to  the  track  of  the  Baltimore  and  Ohio  Railroad  Com- 
pany ;  thence  along  the  northwest  side  of  the  track  of  the 
Baltimore  and  Ohio  Railroad  Company  to  the  city  limits  ; 
thence  along  the  city  limits  to  Pratt  street ;  thence  along  the 
south  side  of  Pratt  street  to  the  place  of  beginning. 

Precinct  No.  7. — Beginning  at  the  intersection  of  Popple- 
ton  street  and  Baltimore  street ;  thence  along  the  west  side 
of  Poppleton  street  to  Pratt  street;  thence  along  the  north 
side  of  Pratt  street  to  Oregon  street ;  thence  along  the  east 
side  of  Oregon  street  to  Baltimore  street ;  thence  along  the 
south  side  of  Baltimore  street  to  the  place  of  beginning. 

Precinct  No.  8, — Beginning  at  the  intersection  of  Oregon 
street  and  Baltimore  street ;  thence  along  the  west  side  of 
Oregon  street  to  Pratt  street ;  thence  along  the  north  side 
of  Pratt  street  to  Carey  street ;  thence  along  the  east  side  of 
Carey  street  to  Baltimore  street ;  thence  along  the  south 
side  of  Baltimore  street  to  the  place  of  beginning. 

Precinct  No.  9. — Beginning  at  the  intersection  of  Carey 
street  and  Baltimore  street ;  thence  along  the  west  side  of 
Carey  street  to  Pratt  street ;  thence  along  the  north  side  of 
Pratt  street  to  Mount  street;  thence  along  the  east  side  of 
Mount  Street  to  Lombard  street ;  thence  along  the  north  side 
of  Lombard  street  to  Fulton  street;  thence  along  the  east 
side  of  Fulton  street  to  Baltimore  street;  thence  along  the 
south  side  of  Baltimore  street  to  the  place  of  beginning. 

Precinct  No.  10  — Beginning  at  the  intersection  of  Fulton 
street  and  Baltimore  street ;  thence  along  the  west  side  of 
Fulton  street  to  Lombard  street ;  thence  along  the  south  side 
of  Lombard  street  to  Mount  street ;  thence  along  the  west 
side  of  Mount  street  to  Pratt  street ;  thence  along  the  north 
side  of  Pratt  street  to  the  city  limits  ;  thence  along  the  city 
limits  to  Baltimore  street ;  thence  along  the  south  side  of 
Baltimore  street  to  the  place  of  beginning. 


Mayor  and  City  Council.  53 

Article  I. — Ordinances. 

Nineteenth  Ward. — Beginning  at  the  intersection  of  Bal- 
timore street  and  Poppleton  street;  thence  northerly  along 
the  west  side  of  Poppleton  street  to  Franklin  street ;  thence 
easterly  along  the  north  side  of  Franklin  street  to  Fremont 
street ;  thence  northwesterly  along  the  southwest  side  of 
Fremont  street  and  Pennsylvania  avenue  to  the  city  limits  ; 
thence  westerly  and  southwesterly  along  the  city  limits  to 
Baltimore  street;  thence  easterly  along  the  north  side  of 
Baltimore  street  to  the  place  of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Balti- 
more street  and  Poppleton  street ;  thence  along  the  north 
side  of  Baltimore  street  to  CarroUton  avenue ;  thence  along 
the  east  side  of  CarroUton  avenue  to  Lexington  street ; 
thence  along  the  south  side  of  Lexington  street  toSchroeder 
street ;  thence  along  the  west  side  of  Schroeder  street  to 
Fayette  street ;  thence  along  tlie  south  side  of  Fayette  street 
to  Poppleton  street ;  thence  along  the  west  side  of  Popple- 
ton street  to  the  place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Fayette 
street  and  Poppleton  street ;  thence  along  the  north  side  of 
Fayette  street  to  Schroeder  street ;  thence  along  the  east  side 
of  Schroeder  street  to  Lexington  street ;  thence  along  the 
north  side  of  Lexington  street  to  CarroUton  avenue  ;  thence 
along  the  east  side  of  CarroUton  avenue  to  Saratoga  street ; 
thence  along  the  south  side  of  Saratoga  street  to  Poppleton 
street ;  thence  along  the  west  side  of  Poppleton  street  to  the 
place  of  beginning. 

Precinct  No.  3.— Beginning  at  the  intersection  of  Balti- 
more street  and  CarroUton  avenue  ;  thence  along  the  north 
side  of  Baltimore  street  to  Strieker  street ;  thence  along  the 
east  side  of  Strieker  street  to  Franklin  street ;  thence  along 
the  south  side  of  Franklin  street  to  CarroUton  avenue; 
thence  along  the  west  side  of  CarroUton  avenue  to  the  place 
of  beginning. 


54  Mayor  and  City  Council. 


Article  I. — Ordinances. 


Precinct  No.  4. — Beginning  at  the  intersection  of  Sara- 
toga street  and  Poppleton  street ;  thence  along  the  north 
side  of  Saratoga  street  to  Carrollton  avenue  ;  thence  along 
the  west  side  of  Carrollton  avenue  to  Franklin  street ;  thence 
along  the  south  side  of  Franklin  street  to  Schroeder  street  ; 
thence  along  the  west  side  of  Schroeder  street  to  Ed- 
mondson  avenue ;  thence  along  the  south  side  of  Edniond- 
son  avenue  to  Fremont  street ;  thence  along  the  southwest 
side  of  Fremont  street  to  Franklin  street ;  thence  along  the 
north  side  of  Franklin  street  to  Poppleton  street ;  thence 
along  the  west  side  of  Poppleton  street  to  the  place  of  be- 
ginning. 

Precinct  No.  5. — Beginning  at  the  intersection  of  Ed- 
mondson  avenue  and  Fremont  street ;  thence  along  the 
north  side  of  Edmondson  avenue  to  Schroeder  street ;  thence 
along  the  west  side  of  Schroeder  street  to  Franklin  street ; 
thence  along  the  north  side  of  Franklin  street  to  Carey 
street ;  thence  along  the  east  side  of  Carey  street  to  Lanvale 
street ;  thence  along  the  south  side  of  Lanvale  street  to 
Fremont  street ;  thence  along  the  southwest  side  of  Fremont 
street  to  the  place  of  beginning. 

Precinct  No.  6. — Beginning  at  the  intersection  of  Balti- 
more street  and  Strieker  street ;  thence  along  the  north  side 
of  Baltimore  street  to  the  city  limits  ;  thence  along  the  city 
limits  to  Lexington  street ;  thence  along  the  south  side  of 
Lexington  street  to  Strieker  street ;  thence  along  the  west 
side  of  Strickei-  street  to  the  place  of  beginning. 

Precinct  No.  7. — Beginning  at  the  intersection  of  Lex- 
ton  street  and  Strieker  street ;  thence  along  the  north  side 
of  Lexington  street  to  the  city  .limits  ;  thence  along  the  city 
limits  to  Edmondson  avenue  ;  thence  along  the  south  side  of 
Edmondson  avenue  to  Strieker  street ;  thence  along  the  west 
side  of  Strieker  street  to  the  place  beginning. 


Mayor  and  City  Council.  55 

Article  I. — Ordinances. 

Precinct  JVb.  8. — Beginning  at  the  intersection  of  Lanvale 
street  and  Fremont  street ;  thence  along  tlie  north  side  of 
Lanvale  street  to  Carey  street ;  thence  along  the  west  side  of 
Carey  street  to  Franklin  street ;  thence  along  the  north  side 
of  Franklin  street  to  Sti  icker  street ;  thence  along  the  east 
side  of  Strieker  street  to  Edraondson  avenue;  thence  along 
the  south  side  of  Edmondson  avenue  to  Calhoun  street ; 
thence  along  the  west  side  of  Calhoun  street  to  Harlem 
avenue  ;  thence  along  the  north  side  of  Harlem  avenue  to 
Strieker  street ;  thence  along  the  east  side  of  Strieker  street 
to  Patterson  avenue  ;  thence  along  the  south  side  of  Patter- 
son avenue  to  Fremont  street ;  thence  along  the  southwest 
side  of  Fremont  street  to  the  place  of  beginning. 

Precinct  No.  9. — Beginning  at  the  intersection  of  Ed- 
mondson avenue  and  Gilmor  street ;  thence  along  the  north 
side  of  Edmondson  avenue  to  the  city  limits  ;  thence  along 
the  city  limits  to  North  avenue  ;  thence  along  the  south  side 
of  North  avenue  to  Calhoun  street ;  thence  along  the  south- 
west side  of  Calhoun  street  to  Patterson  avenue ;  thence 
along  the  north  side  of  Patterson  avenue  to  Strieker  street ; 
thence  along  the  west  side  of  Strieker  street  to  Harlem  ave- 
nue ;  thence  along  the  north  side  of  Harlem  avenue  ta  Gilmor 
street ;  thence  along  the  east  side  of  Gilmor  street  to  the 
place  of  beginning. 

Precinct  M.  10.— Beginning  at  the  intersection  of  Patter- 
son avenue  and  Fremont  street ;  thence  along  the  north  side 
of  Patterson  avenue  to  Calhoun  street ;  thence  along  the 
east  and  northeast  sides  of  Calhoun  street  to  North  avenue ; 
thence  along  the  south  side  of  North  avenue  to  Pennsylvania 
avenue ;  thence  along  the  southwest  side  of  Pennsylvania 
avenue  and  the  southwest  side  of  Fremont  street  to  the  place 
of  beginning. 

Twentieth  Ward.— Beginning  at  the  intersection  of  Fre- 
mont street  and  Franklin  street;  thence  northwesterly  along 


56  Mayor  and  City  Council. 


Article  I. — Ordinances. 


the  northeast  side  of  Fremont  street  and  Pennsylvania  ave- 
nue to  the  city  limits  ;  thence  easterly  along  the  city  limits  to 
Druid  Hill  avenue  ;  thence  southeasterly  along  the  southwest 
side  of  Druid  Hill  avenue  to  Paca  street ;  thence  southerly 
along  the  west  side  of  Paca  street  to  Franklin  street ;  thence 
westerly  along  the  north  side  of  Franklin  street  to  the  place 
of  beginning. 

Precinct  No.  1. — Beginning  at  the  intersection  of  Frank- 
lin street  and  Paca  street ;  thence  along  the  west  side  of 
Paca  street  to  Druid  Hill  avenue  ;  thence  along  the  south- 
west side  of  Druid  Hill  avenue  to  Union  street ;  thence 
along  the  southeast  side  of  Union  street  to  Pennsylvania 
avenue  ;  thence  along  the  northeast  side  of  Pennsylvania  ave- 
nue to  Franklin  street ;  thence  along  the  north  side  of 
Franklin  street  to  the  place  of  beginning. 

Precinct  No.  2. — Beginning  at  the  intersection  of  Franklin 
street  and  Pennsylvania  avenue  ;  thence  along  the  north  side 
of  Franklin  street  to  Fremont  street ;  thence  along  the 
northeast  side  of  Fremont  street. to  George  street;  thence 
along  the  south  side  of  George  street  to  Pennsylvania  ave- 
nue ;  thence  along  the  southwest  side  of  Pennsylvania  ave- 
nue to  the  place  of  beginning. 

Precinct  No.  3. — Beginning  at  the  intersection  of  Penn- 
sylvania avenue  and  George  street ;  thence  along  the  south- 
west side  of  Pennsylvania  avenue  to  Hoffman  street ;  thence 
along  the  southeast  side  of  Hoffman  street  to  Myrtle  avenue  ; 
thence  along  the  northeast  side  of  Myrtle  avenue  to  Dolphin 
street ;  thence  along  the  southeast  side  of  Dolphin  street  to 
Fremont  street ;  thence  along  the  northeast  side  of  Fremont 
street  to  George  street;  thence  along  the  north  side  of  George 
street  to  the  place  of  beginning. 

Precinct  No.  4. — Beginning  at  the  intersection  of  Penn- 
sylvania avenue  and  Union  street ;  thence  along  the  north- 
east side  of  Pennsylvania  avenue  to  Hoff'man  street ;  thence 


Mayor  and  City  Council.  57 

Article  I. — Ordinances. 

along  the  southeast  side  of  Hoffman  street  to  Division  street ; 
thence  along  the  north ea.st  side  of  Division  street  to  Dolphin 
street ;  thence  along  the  southeast  side  of  Dolphin  street  to 
Druid  Hill  avenue  ;  thence  along  the  southwest  side  of 
Druid  Hill  avenue  to  Union  street ;  thence  along  the  north- 
west side  of  Union  street  to  the  place  of  beginning. 

Precinct  No.  5. — Beginning  at  the  intersection  of  Fremont 
street  and  Dolphin  street ;  thence  along  the  northwest  side 
of  Dolphin  street  to  Myrtle  avenue  ;  thence  along  the  norths 
east  side  of  Myrtle  avenue  to  Hoffman  street ;  thence  along 
the  northwest  side  of  Hoffman  street  to  Division  street ; 
thence  along  the  southwest  side  of  Division  street  to  Dolphin 
street ;  thence  along  the  northwest  side  of  Dolphin  street  to 
Druid  Hill  avenue  ;  thence  along  the  southwest  side  of  Druid 
Hill  avenue  to  Townsend  street;  thence  along  the  southeast 
side  of  Townsend  street  to  Pennsylvania  avenue  ;  thence  along 
the  northeast  side  of  Pennsylvania  avenue  to  Lanvale  street ; 
thence  along  the  southeast  side  of  Lanvale  street  to  Fremont 
street ;  thence  along  the  northeast  side  of  Fremont  street  to 
the  place  of  beginning. 

Precinct  No.  6.— Beginning  at  the  intersection  of  Fremont 
street  and  Lanvale  street  ;  thence  along  the  northeast  side  of 
Fremont  street  to  Lafayette  Market ;  thence  along  the  south- 
east side  of  Lafayette  Market  to  Argyle  avenue;  thence 
along  the  northeast  side  of  Argyle  avenue  to  Smith  street ; 
thence  along  the  southeast  side  of  Smith  street  to  Pennsyl- 
vania avenue  ;  thence  along  the  southwest  side  of  Pennsyl- 
vania avenue  to  Mosher  street ;  thence  along  the  southeast 
side  of  Mosher  street  to  Druid  Hill  avenue ;  thence  along 
the  southwest  side  of  Druid  Hill  avenue  to  Townsend  street ; 
thence  along  the  northwest  side  of  Townsend  street  to  Penn- 
sylvania avenue ;  thence  along  the  southwest  side  of  Penn- 
sylvania avenue  to  Lanvale  street ;  thence  along  the  north- 
west side  of  Lanvale  street  to  the  place  of  beginning. 


68  Mayok  and  City  Council. 


Article  I. — Ordinances. 


Precinct  No.  7. — Beginning  at  the  intersection  of  Fre- 
mont street  and  Lafayette  Market ;  thence  along  the  northeast 
side  of  Fremont  street  to  Pennsylvania  avenue  ;  thence  along 
the  northeast  side  of  Pennsylvania  avenue  to  the  city  limits  ; 
thence  along  the  south  side  of  the  city  limits  to  Druid  Hill 
avenue  ;  thence  along  the  southwest  side  of  Druid  Hill  ave- 
nue to  Mosher  street ;  thence  along  the  northwest  side  of 
Mosher  street  to  Pennsylvania  avenue ;  thence  along  the 
northeast  side  of  Pennsylvania  avenue  to  Smith  street ; 
thence  along  the  northwest  side  of  Smith  street  to  Argyle 
avenue;  thence  along  the  northeast  side  of  Argyle  avenue 
to  Lafayette  Market ;  thence  along  the  southeast  side  of  La- 
fayette Market  to  the  place  of  beginning. 

LEGISLATIVE  DISTRICTS. 
No.  2,  Not.  39,     The  City  of  Baltimore  is  divided  into  three  several 

1 1, '64. 

Legislative  Districts,  which  shall  he  called  First,  Second  and 
Third   Legislative  Districts  of  Baltimore  City. 

Of  what  wards       The  districts  shall  he  composed  of  Wards  as  follows  : 

composed.  '■ 

First  District.— \Bi,  2d,  3d,  4th,  5th,  6th  and  7th  wards 
of  Baltimore  City. 

Second  District.  — '^th,  9th,  10th,  11th,  12th,  19th  and 
20th  wards. 

Third  District.— m\x,  14th,  15th,  16th,  17th  and  18th 
wards.* 


*  Legislative  and  Congressional  Districts.— The  city  was  divided 
into  tliree  legislative  districts  under  sec.  2  of  Art.  Ill  of  the  Const.  1864, 
which  is  as  follows:  Immediately  after  the  adoption  of  this  Constitution, 
and  before  there  shall  have  been  held  any  general  election  under  it,  the 
Mayor  and  City  Council  of  Baltimore  shall  proceed  to  lay  off  and  divide 
said  city  into  three  several  districts  of  equal  population  and  contiguous 
territory,  as  near  as  may  be,  which  said  districts  shall  be  called  the  first, 
second  and  third  legislative  districts  of  Baltimore  city.  The  Const.  1867, 
Art.  Ill,  sees.  2  and  4,  confirms  this  division.    It  provides,  by  sec.  4,  that 


Matob  and  City  Council.  59 


Article  I. — Ordinances. 


CITY  OFFICERS. 

40.  All  officers  of  the  city,  except  the  Register  and  any  no.  4,s.  i.r.o. 
other  person  holding  any  office  for  whom  a  different  term  what  officers  to 

.1       I      .  ,  ■,.  .  1  -¥>  be  appointed 

may  be  prescribed  in  the  ordinance   creating   such  office,  aimuaiiy. 
shall  be  appointed  annually  in  the  monih  of  February,  and 
shall  enter  into  their  respective  offices  on  the  first  day  of 
March,  immediately  following  their  respective  appointments. 

41.  A  term  of  holding  shall  not  be  deemed  to  be  created  no.  i9,  Mar. 

'^  ^  II),  '68. 

by  any  resolution  or  ordinance,  so  as  to  effect  the  power  of  Power  of  re- 

inoval  by 

removal  given  to  the  Mayor  by  Article  IV,  section  26  of  the  Mayor. 
Public  Local  Laws,  (Statutes,  sec.  28,  p.  15,)  because  such  reso- 
lution or  ordinance  may  prescribe  that  such  officer  or  officers 
may  or  shall  be  appointed  annually,  or  in  the  month  of 
February,  or  as  other  city  officers  are  appointed,  or  by  any 

each  of  tlie  tliree  legislative  districts  of  the  city  of  Baltimore  shall,  after  the 
next  national  census  or  enumeration  of  the  population  of  this  State,  be  en- 
titled to  the  number  of  delegates  in  the  Legislature  to  which  the  largest 
county  shall  or  may  be  entitled  under  the  apportionment  set  forth  in  said 
section ;  and  that  the  General  Assembly  shall  have  power  to  provide  by 
law,  from  time  to  time,  for  altering  and  changing  the  boundaries  of  the 
three  existing  legislative  districts  of  the  city  of  Baltimore,  so  as  to  make 
them,  as  near  as  may  be,  of  equal  population ;  but  said  districts  shall  always 
consist  of  contiguous  territory.  By  sec.  2  each  legislative  district  is  en- 
titled to  one  senator. 

By  the  Act  of  1872,  ch.  418,  the  third  congressional  district  is  composed  ^ 

of  the  wards  of  Baltimore  city,  from  the  first  to  the  ninth  ward,  both  inclu- 
sive, and  entitled  to  choose  one  representative.  The  fourth  congressional 
district  is  composed  of  the  tenth  ward,  eleventh  ward,  twelfth  ward,  thir- 
teenth ward,  fourteenth  ward,  fifteenth  ward,  sixteenth  ward,  eighteenth 
ward,  nineteenth  and  twentieth  wards  of  Baltimore  city,  and  is  entitled  to 
choose  one  representative.  The  fifth  congressional  district  is  composed  of 
St.  Mary's  county,  Charles  county,  Calvert  county.  Prince  George's  county, 
Anne  Arundel  county,  with  the  city  of  Annapolis,  Howard  county,  the 
first  and  thirteenth  election  districts  of  Baltimore  county  and  the  seven- 
teenth ward  of  Baltimore  city,  and  is  entitled  to  choose  one  representative. 
The  return  judges  of  the  seventeenth  ward  of  the  city  of  Baltimore  make  a 
return  separate  from  the  return  made  by  the  judges  of  the  wards  constitu- 
ting the  fourth  congressional  district. 


60  Mayor  and  City  Council. 


Article  I. — Ordinances. 


No.  4  s.  2,R.  o. 
New  appoint 
ments. 


other  like  expression  indicating  a  periodical  duty  of  appoint- 
ment, and  such  words  sliall  not  he  deemed  and  taken  as 
otherwise  providing  by  law  or  ordinance,  so  as  to  annul  the 
power  of  removal  intended  to  be  given  by  said  section. 

Ibid, s.  2.  42.     Whenever  the  City  Council  is  in  session,  any  new 

appointment  by  the  Mayor  shall  be  subject  immediately 
thereafter  to  the  confirmation  of  the  Council,  and  when  con- 
firmed, the  ofiicers  so  appointed  shall  enter  upon  the  dis- 
charge of  the  duties  of  their  ofiice  on  the  day  succeeding 
their  confirmation. 

No.4, 8. 3,  43.     It  shall  not  be  lawful  for  any  officer  of  this  corpora- 

R.  O.-,  No.  50,         .  ,  ••11 

July  19, '62.  tion,  whether  appointed  by  the  Mayor  and  City  Council,  by 
the  City  Council  in  convention,  by  the  Mayor  alone,  or  by 
any  board  of  commissioners,  trustees,  visitors  or  building 
committee,  acting  under  the  authority  of  the  Mayor  and 
City  Council,  to  be  engaged  or  concerned  directly  or  indi- 
rectly in  any  contract  for  work  done,  or  to  be  done,  on 
account  of  the  city,  or  in  which  the  city  is  or  may  be  in  any 
way  concerned,  in  the  purchase  of  any  debt  due  from  the 
corporation  or  claim  upon  the  same  for  any  work  done,  or  to 
be  done,  by  or  under  any  ordinance  of  the  city,  or  to  be 

Officers  not  to    engaged  in  any  contract,  directly  or  indirectly,  or  concerned 

be  concerned  in  -  ...  i         p  i   •      t  r-  •    i   •  n 

contracts.         lu  auy  manner  in  doing  work  oi  any  kind,  or  lurnishing  oi 

^       supplies   for  any  institution  or  office,   or  receive  any  per 

■    centage  on   any  purchases  or  contracts  in  the  office  with 

which  he  may  be  connected,  and  any  officer  ofiending  herein 

Penalty.  shall  be  fined  in  a  sum  not  exceeding  five  hundred  dollars, 

and  it  shall  be  obligatory  on  the  Mayor,  upon  being  apprised 

of  any  violation  of  this  section,  to  dismiss  forthwith  from 

office  any  officer  who  may  be  guilty  of  such  violation. 

No.  4,  s.  5,  R.  o.      44.     The  several  officers,  except  in  such  cases  as  are  pro- 
what  officers  to  vided  for  in  the  two  succeeding  sections,  shall  give  bond 

give  bond.  •   i  •  i 

With  security  to  the  Mayor  and  City  Council  of  Baltimore, 


Mayor  and  City  Council.  gi 


Article  I.— Ordinances. 


for  the  faithful  performance  of  their  respective  duties,  in 
such  penal  sums  as  the  Mayor  may  direct,  except  where 
particular  sums  are  specified  by  ordinance. 

45.  The  several  officers  who  are  not  entitled  to  compensa-  no.  57,  May  30, 
tion  for  their  services  shall  not  be  required  to  give  bond  for  officers  without 
the  faithful  performance  of  their  duties,  unless  the  Mayor  NTiTnd  re-°"' 
shall  think  it  expedient  to  require  the  same.  quired. 

46.  The  several  officers  whose  compensation  shall   notibia,  g.  a. 
exceed  two  hundred  dollars  per  annum,  shall  not  be  required  officers  of  two 

hundred  dollars 

to  give  bond  for  the  faithful  performance  of  their  duties,  pay  not  required 

°  A  'to  bond. 

unless  the  Mayor  shall  think  it  expedient  to  require  it, 

47.  No  extra  compensation  shall  be  granted  or  allowed  no.  58,juiy  29, 
by  the  Mayor  and  City  Council  to  any  officer,  agent  or  ser-  Extra  compen- 

,  /•  1  •  1       sit'o"  not  to  be 

vant  of   the  corporation,   or  of   any  other  corj)oration  the  allowed. 

expenses  of  which  are  borne  in  whole  or  in  part  by  the  city, 

after  the  services  have  been  rendered,  nor  shall  the  salary  or  saiary,  &c.,  not 

to  be  increased 

compensation  of  any  of  said  officers,  agents  or  servants  be  ^  diminished. 
increased  or  diminished  during  the  term  for  which  they  may 
be  or  may  have  been  elected,  appointed  or  employed ;  pro- 
vided, that  should  an  increase  of  duties  be  required  by  any  increa.se  of 
subsequent  ordinance  or  resolution  of  the  Mayor  and  City 
Council,  an  extra  compensation  in  proportion  for  the  increase  increase  of 

'  1  X       i  ^      comfieusation. 

of  labor,  to  the  original  compensation,  may  be  allowed,  in 
the  discretion  of  the  said  Mayor  and  City  Council.*  » 

48.  No  extra  compensation  shall  be  granted  or  allowed  itid,  s.  2. 
by  the  Mayor  and  City  Council  to  any  contractor  or  contrac-  Kxtra  corajen- 

•'•'•'  ''  sation  not  to  re 

tors  with  the  city,  or  with  any  corporation  the  expenses  of  *;,'^j^«^d^^';'a'»y 
which  are  in  whole  or  in  part  borne  by  the  city,  after  the 

*This  ordinance  recites  the  provision,  sec.  33  of  Art.  Ill  of  Const.  1864, 
(now  sec.  35  of  Art.  Ill  of  Const.  1867,)  that  no  extra  compensation  shall 
be  granted  or  allowed  by  the  General  Assembly  to  any  public  officer,  agent, 
servant  or  contractor  after  the  services  have  been  rendered  or  the  contract 
entered  into ;  nor  shall  the  salary  or  compensation  of  any  public  officer  be 
increased  or  diminished  during  his  term  of  office. 


62 


Mayor  and  City  Council. 


Article  I. — Ordinances. 


Proviso.  contract  has  been  entered  into  ;  provided,  that  in  case  a  con- 

tractor or  contractors  shall  be  prevented  by  an  act  of  the 
Mayor  and  City  Council,  or  any  agent  or  servant  thereof 
acting  under  their  authority,  from  fulfilling  his  contract  as 
agreed  on,  and  loss  is  thereby  sustained  by  him  or  them, 

When  may  be    such  cxtra  Compensation  may  be  allowed  as  will  compensate 

allowed.  ,  .  .  . 

him  or  them  for  said  loss  incurred  as  aforesaid. 
No. 5, 8. 3, R.  o.      49.     The  salaries  of  all  officers  of  the  corporation,  unless 
When  salaries   othcrwisc  directed  by  law,  shall  be  paid  on  the  first  Monday 

paid. 

of  each  and  every  month.* 
Res.  No.  450,         50.     All  advertiscmcnts  emanating:  from  the  different  de- 

Nov.  6,  '73.  _  °  _  _ 

City  adverti.'se-   partmcnts  of  tlic  city  jirovernment  shall  be  published  in  at 

ments  in  Ger-  '^     ^  ... 

man  paper.       least  ouc  German  paper  of  the  city,  and  in  the  selection  of 


Proviso. 


such  paper  they  shall  give  preference  to  the  paper  having 
the  largest  circulation,  provided  the  prices  be  the  same  as 
those  charged  by  the  other  papers. 


No.  64,  May  28, 
'73. 


51, 


CITY  CONTRACTS.t 
Whenever  the  city  officers,   or  any  of  them,   shall 


advertise  for  sealed  proposals  for  any  public  work  or  contract, 

*  Funds  in  the  hands  of  an  offlcial  of  the  city  of  Baltimore  due  by  the 
city  for  the  salaries  of  city  employees  are  not,  on  grounds'  of  public  policy 
and  convenience,  liable  to  be  attached  by  the  creditors  of  such  employees. 
Municipal  corporations  are  parts  of  the  State  government,  exercising  dele^ 
gated  political  powers  for  public  purposes,  and  the  rule  exempting  funds  in 
the  hands  of  one  State  officer  due  another,  from  attachment,  applies  equally 
to  the  officers  of  such  corporations.  Mayor,  &c.  v.  Boot,  8  Md.  95.  Ander- 
son, gam.  v.  Oraff,  41  Md.  607. 

Brown,  C.  J.,  in  Yenger  v.  Zimmerman,  City  Court,  Nov.  12,  1875,  held, 
that :  the  principle  of  law,  that  no  attachment  would  lie  against  funds  in 
the  hands  of  one  federal,  state  or  municipal  officer  due  another,  was  appli- 
cable to  the  case  of  a  police  officer  who  had  salary  due  him  in  the  hands  of 
a  captain  of  police,  acting  as  disbursing  agent;  and  that  an  attachment  laid 
in  the  captain's  hands  on  a  judgment  against  said  police  officer,  would  not 
bind  such  salary. 

tAs  to  contracts  by  city,  see  RiUenJwuse  v.  Mayor,  &c.,  25  Md.  336. 
Mayor,  &c.  v.  B.  &  0.  R.  B.  Co.,  31  Md.  53. 


Mayor  and  City  Council.  63 

Article  I. — Ordinances. 

of"  any  kind  Whatsoever,  pursuant  to  existing  ordinances  or 
resolutions,  or  to  such  as  may  hereafter  be  passed,  it  shall 
be  the  duty  (unless  it  is  otherwise  provided  by  special  ordi- 
nance) of  such  officers  so  advertising  to  lay  the  sealed  pro- Propoi-ais  tobe 

II-  ^*'*^  before  the 

posals  received  by  him  or  them,  according  to  the  advertise-  Mayor. 
ment,  before  the  Mayor,  who,  with  the  Comptroller  and 
Register,  shall  proceed  to  open  them,  and  award  in  all  cases 
to  the  lowest  bidder  of  known  capacity,  responsibility  and 
integrity,   whose   security   for   the   execution   of  the   work 
according  to  the  contract,  as  the  case  may  be,  in  the  judg- 
ment of  the  Mayor,  Comptroller  and  Register,  or  a  majority  {^'*y°^''^^°'^P- 
of  them,  shall  be  sufficiently  responsible  to  insure  the  per-  ^;',t[rictr"* 
formance  of  the  work  or  contracts,  according  to  the  stipula- 
tions thereof  respectively  ;  provided,  however,  that  no  bid  Proviso. 
shall  be  opened  from  any  person  who  has  heretofore  failed  in 
the  performance,  or  due  execution,  of  any  contract  he  may 
have  been  engaged  in  with  the  corporation  of  Baltimore.* 

52.  All  such  proposals  shall  be  opened  at  such  time  and  ibid,».  2. 
place  as  may  be  publicly  designated  by  advertisement,  in  the  Pf^P°;'^>^-^^g 
presence  of  such  persons  as  may  choose  to  attend.  of  opening. 

53.  For  all  contracts  made  under  the  provisions  of  the  No.^e,  s.  a, 
two  preceding  sections,  the  Register  is  hereby  required  to 

take  bonds  of  the  contractors,  certified  by  the  Comptroller,  BoDdjrom  con- 
to  be  with  good  and  sufficient  security,  and  to  be  approved 
by  the  Mayor,  for  such  sum  as,  in  his  judgment,  may  be 
adequate  to  secure  their  fulfilment. 

54.  The  Comptroller  shall  examine  all  contracts  made  by  no.9,!=.4,b.  o. 
the  city  officers,  and  he  shall  report  within  thirty  days  after  mty^of  ccmp- 
the  meeting  of  the  Council  in  an  annual  session,  all  contracts 

made  by  the  corporation  as  directed  or  authorized  by  the 
Council,  and  not  performed  or  completed  or  upon  which  any 

*.See  ordinance  for  stationery  and  printing  for  departments,  under  Libra- 
rian, Art.  XXXII. 


64  Mayor  and  City  Council. 

Article  I. — Ordinances. 

money  remains  unpaid,  with  the  amount  of  money  remain- 
ing unpaid  on  each.* 

RECORDS  OF  THE  CITY. 
No.  66,  B.  o.         55.     It  shall  he  the  duty  of  all  city  officers  carefully  to  file 

No.  8,  s,.\R.  o.  .  ... 

Papers  to  be      and  kccp,  having  first  recorded  the  same,  all  public  papers 

fllert  and  re-  i      i  •  i  •  i    •    i 

corded.  whatever,  belonging  to  the  city,  which  are  now  in  or  may 

hereafter  come  into  their  respective  offices,  and  which  apper- 
tain to  the  same ;  and  it  shall  not  be  lawful  for  any  Register 
or  clerk  to  permit  any  paper  or  record  in  his  office  to  be 

Not  to  be  taken  takcu  thcrcfrom ,  by  any  jierson  or  persons  whatever,  unless 

out  of  office  ex-  ini  r'    •  •  !•      t    •        ci 

cept  in  certain    the  samc  be  demanded  by  a  court  oi  lustice  oi  this  fetate,  or 

cases.  ''  "^  ' 

of  the  United  States,  or  by  either  branch  of  the  City  Council, 

but  every  person  wanting  the  information  contained  in  such 

papers  or  record,  shall  be  entitled  to  a  copy  of  the  same  ; 

Copies  to  be      and  it  shall  be  the  duty  of  the  Register  or  clerk  to  furnish 

furnished.  _  _  _ 

such  copies  when  applied  for,  and  the  Register  or  clerk  shall 
Fees  for  same,  charge  and  receive  therefor  the  sum  of  fifteen  cents  for  every 
sheet  of  copy  containing  one  hundred  words,  and  so  pro  rata 
for  every  search,  and  for  every  certificate  to  a  copy,  twenty- 
five  cents,  which  fees  or  charges  shall  be  paid  into  the  trea- 
sury of  the  city. 

No.  8,s.  6,R  o.      56.     The  City  Librarian  shall,  under  the  supervision  and 

No.  129,  Nov.  5,      .  .  ,  .  .  ^ 

'''*■  direction  of  the  Register,  take  under  his  charge  and  keeping 

cit^'' Librarian  all  the  rccords,  papers  and  proceedings  of  the  corporation, 
cords, &c.         except  those,  relating  to  titles  of  city  property  ;  and  all  the 

ordinances,  resolutions,  votes  and  proceedings  of  the  City 

Council,  after  each  and  every  session. 

*  Under  the  above  section,  contracts  can  be  made  by  certain  city  officers, 
and  it  may  be  in  certain  cases  by  the  Mayor,  yet  if  they  are  to  be  regarded 
as  "  contracts  made  by  the  corporation,"  they  must  be  made  "  as  directed  or 
authorized  by  the  Council,"  otherwise  they  will  not  have  obligatory  force  to 
bind  the  corporation.    Mayor,  &c.  Bait.  v.  B.  &  0.  B.  B.  Co.,  21  Md.  52. 


Mayor  and  City  Council. 


Article  I. — Ordinances. 


57.  The  Comptroller  shall  keep  a  well  bound  record  book,  no.  9, s. 6, r.  o. 
and  have  therein  recorded  all  deeds  and  leases  made  to  the  comptroller 

keeper  of  title 

city,  or  sufficient  extracts  from  such  deeds  and  leases  as  will  deeds,  &c. 
fully  explain  the  same  ;  and  also  all  contracts  and  agree- 
ments made  in  relation  to  the  property  of  the  city  ;  the 
records  in  said  record  book  to  be  written  on  every  other  Record  bo.  ks. 
page,  so  tliat  the  page  opposite  the  recoi'd  may  be  left  blank 
for  any  remarks  that  may  be  necessary  to  be  made  in  regard 
to  the  disposition  of  said  property.  The  said  record  book 
shall  also  have  an  alphabetical  index  made  for  more  easy 
reference  to  said  deeds,  leases,  contracts  and  agreements.* 

SEAL. 

58.  The  seal  heretofore  provided  and  used,  the  impression  no.  1,  r.  o. 
on  which   is  a  representation  of  the  Battle  Monument,  is  Batue  monu- 
hereby  established  and  declared  to  have  been  and  now  to  be 

the  seal  of  the  Mayor  and  City  Council  of  Baltimore. 

59.  The  Register  shall  take  under  his  charge  and  keeping  no.^s,  s^s, ^^ 
the  corporate  seal  of  the  city,  and  use  it  in  all  cases  which  May  e, '65. 
now  are  or  may  hereafter  be  required,  either  by  the  laws  of  Ke^eper  of  the 
the  United  States,  the  several  States,  the  ordinances  of  this 
corporation,  or  the  usage  and  customs  of  nations,  whenever 
applied  to  for  that  purpose;  and  for  each  and  every  seal  Fees. 
which  he  shall  affix  to  an  instrument  or  instruments  of  writ- 
ing, he  shall  be  entitled  to  receive  for  the  use  of  the  city,  the 

sum  of  two  dollars  ;  except  that  in  cases  where  the  certificate  Exception. 
of  the  Register  under  seal  shall  be  required  to  be  used  as 
evidence  in  the  claims  of  soldiers  and  seamen  in  the  United 
States  service,  or  in  the  claims  of  the  widows  or  heirs  of  such 
as  may  have  died,  or  may  hereafter  die  in  the  service,  he 
shall  furnish  such  certificate  without  any  charge  whatever. 


*  See  Examiner  of  Titles,  under  Art.  XIII. 


66 


Alms-Hofse. 


Article  II. — Statutes. 


ARTICLE  II. 


ALMS-HOUSE. 


STATUTES 


TRUSTEES  OP   THE   POOR. 

1.  Appointment  of  Trustees  of  tlie 

Poor. 

2.  Title   to   property:   powers  and 

privileges. 

3.  Oath  of  Trustees :   when  quali- 

fied. 

4.  What  sections  in  force. 

5.  Book  of  minutes. 

6.  Appointment  of  officers,  clerks, 

&c. 

7.  Their  duties:  compensation. 

8.  Mode  of  admitting  inmates. 

9.  Support  and  employment  of  in- 

mates. 

10.  Machinery  and  implements. 

11.  By-laws. 

12.  Purveyor  of  provisions. 

13.  His  bond. 

14.  Salary. 

15.  Overseer. 

16.  His  bond.    • 

17.  List  of  inmates :  accounts  of  ex- 

penditures'and  receipts. 

18.  Inmates  to  work. 


19. 


20. 
21. 
22. 
23. 
24. 
25. 
26. 

27.' 

28. 
29. 


Accounts  with  inmates :  inmates 
to  be  retained  till  accounts 
balanced :  penalty  for  leaving 
without  permission :  certifi- 
cate, evidence. 

Dismissal  of  inmates. 

Admission. 

Times  of  meeting  of  trustees. 

Punishment  of  paupers. 

Per  diem  of  Trustees. 

Penalty  for  selling  liquor,  &c. 

Badges  to  be  worn  by  inmates : 
penalty  for  refiising  to  wear. 

Penalties  and  forfeitures:  how 
recoverable. 

What  Officers  to  assist  Trustees. 

Suits :  costs. 


WARD   MANAGERS  OP   THE   POOR. 

30.  Ward  Managers  of  the  Poor. 

31.  Term  of  office.  ' 

32.  Pqwers  and  duties  of  Managers. 

33.  Persons  sent  to  alms-house  by 

Ward  Managers. 

ORDINANCE. 

Payments  to  Trustees. 


STATUTES. 
TRUSTEES  OF  THE  POOR. 


P.  L.  T.,art.  4,       ].  The  Mavor  and  City  Council  have  power  to  provide  bv 

sec.  Si.  _  ^  "^  i  1.  . 

1868,  c.i.         ordinance  for  the  appointment,  as  other  city  officers  are  ap- 


AlM8-HoU8E.  g^ 

Article  II.— Statutes. 


pointed,  of  the  Trustees  of  the  Poor  of  Baltimore  City,  and  Trustees  of  the 
to  prescribe  the  powers  and  duties  of  such  Trustees.*  pornted.""^ "''" 

2.  All  titles  to  property  of  any  and  every  kind  (on  Jan.  ises.c.i;  ibid, 
22, 1868, )  held  by  the  Trustees  of  the  Poor  of  Baltimore  City  Set  property 
are  hereby  transferred  to  and  invested  in  the  Mayor  and  City 
Council  of  Baltimore  to  all   intents  and  purposes,  and  all 

powers   and  privileges  heretofore  conferred  upon   the  said  powers  and 
Trustees  of  the  Poor  of  Baltimore  City  are  hereby  transferred  p"''''^^^'- 
to  and  conferred  upon  the  Mayor  and  City  Council  of  Balti- 
more. 

3.  Each  trustee  so  appointed  shall,  before  he  proceeds  to  ises,  c.  i;  1862, 
act,  take  and  subscribe  before  the  Mayor  the  oath  of  office  l.  l.,'c*37.  ' 
prescribed  in  the  sixth  section  of  the  first  article  of  the  con-  oath. 
stitution  ;  and  he  shall  then  be  qualified  and  competent  to 
perform  all  the  duties  of  trustee. f 

*  1868,  c.  1,  is  entitled  "  an  act  to  repeal  sections  thirty-four,  thirty -five, 
thirty -six,  thirty -seven  and  thirty -eight  of  the  fourth  article  of  the  Code  of 
Public  Local  Laws,  relating  to  the  city  of  Baltimore,  and  to  substitute  in  lieu 
of  sections  thirty -four,  thirty-five  and  thirty-seven  the  following."  It  then 
repeals  sections  34,  35,  36  and  37  of  the  article,  and  enacts  that  the  above  be 
substituted  for  sections  34, 35  and  37.  The  act  of  1862,  c.  279,  had  previously 
repealed  sections  34,35,37,39,  58  and  61  of  the  Code,  and  enacted  substitutes 
therefor.  1868,  c.  1,  further  provided  that  it  should  take  eflFect  upon  its 
passage,  (from  January  22,  1868,)  and  that  the  said  Mayor  should  immedi- 
ately appoint  Trustees  of  the  Poor  of  Baltimore  City  as  in  case  of  a  vacancy 
under  the  existing  laws  and  ordinances,  and  that  when  the  Mayor  and  City 
Council  should  have  ptissed  ordinances  prescribing  the  duties  and  powers  of 
the  Trustees  of  the  Poor,  the  operation  of  sections  38  to  69  of  Art.  4,  P.  L.  L., 
should  cease.    [Sections  5  to  33  of  this  Article.] 

t  Const.  1867,  Art.  1,  sec.  6,  is  as  follows :  Every  person  elected  or  appointed 
to  any  office  of  profit  or  trust  under  this  Constitution,  or  under  the  laws 
made  pursuant  thereto,  shall,  before  he  enters  upon  the  duties  of  such  ofiice, 

fake  and  subscribe  the  following  oath  or  affirmation  :    I, ,  do  swear, 

(or  afl[irm,  as  the  case  may  be,)  that  I  will  support  the  Constitution  of  the 
United  States,  and  that  I  will  be  faithful  and  bear  true  allegiance  to  the  • 
State  of  Maryland,  and  support  the  Constitution  and  laws  thereof;  and  that 
I  will,  to  the  best  of  my  skill  and  judgment,  diligently  and  faithfully,  with- 
out partiality  or  prejudice,  execute  the  office  of according  to  the 


Qg  Alms-House. 

Article  II. — Statutes. 


1868, c.i.  4.  Until  the  Mayor  and  City  Council  shall  have  exercised 

What  sections  the  powers  vested  in  said  corporation  by  the  afoi-egoing  sec- 
m  orce.  ^.^^  ^^^  ^^.  ^^.^  aj-tide,  the  powers  and  duties  of  the  Trustees 

of  the  Poor  of  Baltimore  City  shall  be  such  as  are  prescribed 

in  the  sections  following. 

Ibid, sec.  38.  5.  They  shall  keep  a  book,  in  which  shall  be  entered  the 
Book  of  minutes,  minutcs   of  their  proceedings,   and  the   certificate   of  each 

trustee  having  taken  and  subscribed  the  oath  mentioned  in 

the  preceding  section  three  hereof. 

Ibid,  sec.  40.  6.     They,  or  a  majority  of  them,  shall  have  power  to  ap- 

Appointment  of  point  all  such  officcrs,  clerks,  agents  and  servants  as  they 
&c.     '        '  may  think  necessary,  and  at  their  pleasure  to  remove  and 
discharge  the  same. 

Ibid,  sec.  41.  7.  They  shall  fix  and  prescribe  the  duties  of  all  such 
Their  duties -,    officers,  clcrks,  agents  and  servants,  and  fix  and  determine 

compensatioii. 

their  compensation. 

Ibid,  sec.  42.  g      They  may  admit  into  the  almshouse  and  receive  under 

Mode  of  admit-  their  carc,  in  addition  to  those  paupers*  which   the  laws 

tmg  inmates.  '  ^        '■ 

of  this  State  authorize  or  require,  such  indigent  or  dis- 
tressed persons  as  in  their  opinion  the  dictates  of  humanity 
or  particular  circumstances  render  proper  or  necessary. 


Ibid,  sec.  48.  9.     They  shall  prescribe,  provide  for,  and  direct  all  matters 

relating  to  the  support,  treatment  and  em 
paupers,  vagrants  and  other  persons  in  th 
any  other  place  under  their  care  and  charge. 


Support  and  em- relating  to  the  support,  treatment  and  employment  of  all 

ployment  of  in-  ■  . 

mates.  paupcrs,  vagrauts   and  other  persons  in  the  almshouse,  or 


Constitution  and  laws  of  this  State,  (and,  if  a  Governor,  Senator,  member  of 
the  House  of  Delegates,  or  judge,)  that  I  will  not  directly  or  indirectly,  re. 
ceive  the  profits  or  any  part  of  the  profits  of  any  other  office  during  the  term 
of  my  acting  as . 

*Art.  58  of  the  Public  General  Laws  provides  for  the  sending  of  lunatic 
or  insane  paupers  to  the  almshouse  of  the  county  or  city  to  which  they 
belong. 


Alms-Housb.  g9 

Article  U.— Statutes. 


10.  They  shall   procure,  or  erect  and  use  all  such  ma- iwd,  sec.  44. 
chinery,  materials  and  implements  as  they  shall  think  proper  Machinery  and 

,.  ,     1         •   1        ,      •        ■■       .  implements. 

or  necessary  tor  any  purpose  connected  with  their  duties  or 
the  exercise  of  the  powers  vested  in  them. 

11.  They  may  make,  amend,  alter  and  repeal  all  such  iwd,  sec. «. 
by-laws  as  sliall  be  necessary  to  carry  into  full  effect  all  the  By-iaws. 
powers,  authorities  and  duties  vested  in  or  required  of  them, 
provided  such  by-laws  be  not  contrary  to  law. 

12.  They  may  appoint  a  purveyor  of  provisions  to  said  ibid,  sec.  46. 
almshouse,  whose  duty  it  shall  be  to  provide  and  furnish  purveyo.  of 

iiT-  n        •  ^  provisions. 

provisions  to  said  almshouse  under  the  direction  oi  said  trus- 
tees, to  whom  he  shall  annually  return  a  statement  or  account 
of  his  receipts  and  expenditures,  to  be  examined  and  passed 
at  their  discretion. 

13.  They  shall  require  the  said  purveyor  to  give  bond  and  iwd,  sec.  47. 
security  to  be  approved  by  them,  and  in  such  penalty  as  they  His  bond, 
shall  direct,  conditioned  for  the  faithful  performance  of  the 

trusts  reposed  in  him,  and  upon  failure  to  comply  with  the 
conditions  thereof,  they  may  direct  said  bond  to  be  put  in 
suit,  and  any  sum  or  sums  of  money  recovered  in  such  suits 
shall  be  applied  to  the  use  of  said  almshouse. 

14.  They  may  allow  a  salary  to  said  purveyor  not  exceed-  iMd,  sec  48. 
ing  four  per  cent,  upon  the  amount  of  money  expended  by  saiary. 
him  under  their  direction. 

1 5 .  They  shall  meet  at  the  almshouse  on  the  first  Monday  ibid,  sec.  49. 
of  May  yearly,  and  appoint  an  overseer  of  said  almshouse,  overseer. 

16.  They  shall  require  said  overseer  to  enter  into  bond  iwd,  sec  51. 
with  sufficient  securities,  payable  to  said   trustees,  in  the  His  bond, 
penalty  of  five  hundred  dollars  for  the  faithful  performance 

of  the  duties  of  his  office. 

17.  The  overseer  shall  keep  a  regular  list  of  all   poor,  ibid, sec  52. 
beggars,  vagrants,  vagabonds  and  other  offenders,  who  shall  List  of  inmates, 
be  committed  to  said  almshouse,  and  also  regular  accounts  in 


70  Alms-House. 


Article  II. — Statutes. 


Accountsoiex- writine;  of  all  materials  and  other  thinojs  which  mavcometo 

peiuUtures    and  o  ,  o  |, 

receipts.  ]^\f^  hancls,  and  of  all  expenses  and  charges  attending  their 

maintenance  and  support,  and  of  all  moneys  received  by  him 
for  the  sale  of  the  produce  -of  their  labor,  and  otherwise,  as 
overseer,  and  shall  lay  the  same  before  the  trustees  when 
required. 

Ibid,  sec.  53.         18.     He  may  compel  and  oblige  any  of  the  poor,  vagrants, 
Inmates  to  work.  Vagabonds  and  other  offenders  in   said  almshouse   to  work 
and  labor,  and  shall  sell  the  produce  of  their  labor  and  apply 
the  money  arising  therefrom  to  their  support  and  mainte- 
nance. 

Ibid,  sec.  54.  19.     Every  pauper  who  shall  be  under  the  care  of  said 

Accounts  with  trustees, .except  females  under  the  age  of  twelve  years  and 
males  under  the  age  of  fifteen,  shall  be  charged  as  a  debtor 
for  food,  medicine  and  other  necessaries  furnished,  at  a  rate 
not  exceeding  thirty  cents  per  day  ;  and  every  such  pauper, 
when  capable  of  performing  labor  or  service,  may,  in  the 
discretion  of  the  trustees,  be  required  and  compelled  to  per- 
form the  same,  and  shall  be  allowed  a  reasonable  compensa- 
tion according  to  the  value  thereof,  to  be  ascertained  and 
fixed  by  the  said  trustees  and  credited  to  the  account  of  the 
pauper  performing  such  work,  labor  or  services  ;  and  the 
Inmates  to  be    trustcBS  may  retain  such  pauper  under  their  care  until  the 

retained  till  ac- 
counts balanced,  charges   against   them,    and    the    compensation   so   allowed, 

Leaving  with-    shall  balaucc  ;  and  if  any  pauper  shall  depart  from  the  alms- 
out  permission.  ./    i        i.  i 

house  without  ,the  permission  of  the  said  trustees  before  he 
shall  have  compensated  by  work,  labor  or  services  as  afore- 
said, or  otherwise,  for  the  charges  against  him,  he  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  in  the 
Penalty.  Criminal  Court  of  Baltimore,  shall  be  sentenced  to  work  and 

%  labor  under  the  direction  of  the  Trustees  for  the  Poor  of 

Baltimore  City,  for  a  period  of  time  ,in  the  discretion  of 
said  court  not  exceeding  twelve  months  ;  and  a  certificate 


AlM8-H0U8K.  71 

Article  II. — Statutes. 


under  the  corporate  seal  of  said  trustees  that  any  person  has  certificate,  evi- 
80  departed  indehted,  and  without  permission,  shall  he  suffi- 
cient evidence  to  authorize  any  judge  or  justice  of  the  peace 
to  issue  a  warrant  for  the  arrest  of  such  person,  and  to  hind 
over  or  commit  him  for  trial  as  in  other  cases  of  misde- 
meanor. 

20.  Nothing  contained  in  the  last  aforegoing  section  shall  iwd,  see.  55. 
be  construed  to  prevent  or  restrict  the  said  trustees  from  dis-  Dismissal  ofm- 

mates. 

missing  any  pauper  or  other  person  under  their  care,  without 
requiring  any  compensation  to  be  made,  by  labor  or  other- 
wise, for  the  expenses  charged  against  such  person. 

21.  Any  one  trustee  may,  under  his  hand  in  writing,  iwd,  sec.  56. 
direct  the  admission  of  any  pauper  into  said  alms-house.         Admission. 

22.  The  said  trustees  shall  meet  at  the  alms  house  four  iwd,  sec.  67. 
times  in  the  year,  to-wit :    in  the  first  week  of  February,  Times  of  meet- 

•'  '  ings  of  trustees. 

May,  August  and  November,  or  oftener  if  they  shall  deem 
it  necessary/  and  make  and  ordain  by  a  majority  of  votes  of 
such  as  may  be  present,  all  such  good  and  wholesome  ordi- 
nances, rules  and  by-laws  as  they  may  think  necessary  and 
convenient  for  the  maintenance  and  employment  of  the  in- 
mates of  said  alms-house. 

23.  Upon  complaint  made  to  said  trustees,  by  the  over-  Jg^^f  f^ 
seer  of  said  alms-house,  and  due  proof  made  thereof,  that  Punishment  of 
any  pauper  in  said  alms-house  has  behaved  in  a  disorderly 
manner,  or  has  neglected  to  obey  and  keep  any  of  the  ordi-     • 
nances,  rules  and  by-laws  of  the  said  corporation,  the  said 
trustees  may  order  and  direct  such  moderate  and  proper  cor- 
rection for  any  such  offence,  as  the  nature  of  the  case  may 
require. 

24.  The  said  trustees  shall  be  entitled  to  receive  the  sum  p-^l-^l-,  »«.% 
of  two  dollars  per  day  for  each  day  they  shall  meet  together  f-^  d^e-o« 
in  the  discharge  of  their  duties. 


72  Alms-IIouse. 


Article  II. — Statutes. 


Ibid, sec. CO.  25.     If  any  person  shall  sell  or  dispose  of  any   strong 

Penalty  for  sell- liquor  or  otlier  tiling  to  any  inmate  of  said  alms-house,  he 
■    '       shall  forfeit  and  pay  the  sum  of  twenty-five  dollars. 

1862,  c.  279.  26.     When  deemed  necessary,  the  trustees  may  require 

Ibid,  sec.  61.  i  i  i  • 

Badges  to  be      sucli  badge  as  they  may  select,  to  he  worn  in  an  open  and 
mates.  vissihle  manner,  on  the  arm  or  shoulder  of  any  inmate  of  the 

Penalty  for  re-  alms-liousc  I    and  if  any  inmate  shall  neglect  or  refuse  to 

fusing  to  wear. 

wear  such  badge,  he  or  she  shall  be  subject  to  such  moderate 
and  proper  punishment  as  the  trustees  nnay  see  proper  to 
inflict. 

p.  L.  L.,  art.  4,      27.     All  penalties  and  forfeitures   imposed  by  this  law 
Penalties  and    shall  bc  recovcred  in  the  Criminal  Court  of  Baltimore,  by 

forfeitures ;  how  i 

recoverable.      actiou  or  by  indictment. 

Ibid,  sec.  6.3.  28.     All  sheriffs,  bailiffs,  constables,  and  other  oflScers, 

What  officers  to  sliall  aid  and  assist  the  said  trustees  and  the  officers  by  them 

assist  trustees. 

appointed  in  the  discharge  of  their  respective  duties. 

Ibid,  sec.  64.  29.     If  any  person  shall  at  anytime  be  sued  or  prosecuted 

Suits.  for  any  thing  done  in  pursuance  of  this  law,  or  any  thing 

therein  contained,  he  may  plead  the  general  issue  and  give 
the  special  matter  in  evidence ;    and  if  upon  trial,  verdict 
shall  be  found  for  the  defendant,  or  if  the  plaintiff  shall  be 
Costa.  non-suit  or  discontinue,  the  defendant  shall  recover  treble 

costs,  and  if  the  plaintiff  shall  be  unable  to  pay  them,  they 
shall  be  paid  by  the  attorney  who  brought  the  suit,  unless 
the  plaintiff  shall  give  security  for  the  costs  to  be  approved 
by  the  court. 

WARD  MANAGERS  OF  THE  POOR. 

Ibid,  sec.  66.  30.  The  Mayor  and  City  Council  shall,  at  their  annual 

Ward  managers  scssiou,  appoint  ouc  scnsiblc  and  discreet  inhabitant  residing 

of  the  poor.  ,  '^ 

in  each  ward  of  the  city  to  be  a  Manager  of  the  Poor  in  the 
ward  in  which  he  shall  reside,  who  shall  take  an  path  before 
some  justice  of  the  peace  for  said  city  that  he  will  well  and 


Alms-House.  no 

Article  II.— Ordinance. 


faithfully  perform  the  duties  of  a  manager  of  his  ward  ac- 
cording to  the  best  of  his  knowledge  and  judgment. 

31.  Every  such  manager  shall  hold  his  office  during  the  iwd,  sec.  67. 
term  of  one  year,  and  until  his  successor  is  duly  appointed  Term  of  office. 
and   qualified,  and  shall  perform   the  duties  of   his  office 
gratuitously. 

32.  Each  manager  shall  have  power  to  direct  in  writing  i^id,  sec.  88. 
any  indigent,  sick  or  disabled  person,  infant  or  idiot  of  his  Powers  and 
ward,  and  who  may  be  entitled  to  public  relief  by  law,  to  go  f  "'•"''"'  """*' 
or  be  taken  to  the  said  alms-house. 

33.  The  Trustees  of  the  Poor  shall  cause  the  person  sent  ibid, sec.  eg. 
or  taken  to  the  almshouse  by  order  of  the  said  managers  to  Persons  sent  to 

v  .         J  ....  11,  alms-house  by 

oe  received,  maintained  and  employed  therein  so  long  as  in  ward  managers. 
the  opinion  of  the  said  trustees  such  person  may  be  entitled 
to  relief  and  require  it. 

ORDINANCE. 

The  Register  is  authorized  and  directed  to   pay  to  the  nq-  7o,  June  5, 
Trustees  of  the  Poor  of  Baltimore  City,  each  and  every  year,  how  payments 

made  to  trustees 

all  such  sums  of  money  as  they  may  require,  not  exceeding  of  voot. 
the  amount  levied  for  the  poor  tax  of  each  year,  at  such 
times  as  they  may  require,  in  anticipation  of  the  collection 
of  said  tax,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 


Note.— Art.  4,  sec.  65,  provided  tiiat  the  almshouse  property,  then  jointly 
owned  by  Baltimore  City  and  Baltimore  County,  until  sold  under  the  act  of 
Assembly,  1853,  c.  253,  should  continue  to  be  jointly  used  and  occupied  by 
the  said  county  and  city,  under  such  regulations  as  the  said  trustees  should 
from  time  to  time  agree  upon  and  prescribe,  unless  by  the  joint  consent  of 
the  County  Commissioners  of  said  county  and  the  Mayor  and  City  Council 
of  Baltimore,  any  change  in  the  use  and  occupation  should  be  made ;  power 
■  and  authority  to  make  which  change  was  thereby  vested  in  the  County 
Commissioners  and  the  Mayor  and  City  Council. 


74  Alm8-Hou8e. 


Article  II. — Ordinance. 


The  alinsliouse  property  referred  to  in  this  section,  65,  of  Article  4  of  Pub- 
lic Local  Laws  City  of  Baltimore,  and  also  in  sections  38  to  40  of  Article  3 
of  Public  Local  Laws  Baltimore  County,  was  sold  by  joint  commissioners, 
July  19,  1858,  and  the  sale  ratified  and  confirmed  by  ordinances  Nos.  46, 
Sept.  23,  1858,  and  51,  Jan.  29,  1859,  under  the  acts  of  1853,  c.  253,  and  1858, 
c.  258.  It  was,  however,  under  lease  by  the  city  at  the  time  of  the  adoption 
of  the  Code,  February,  1860,  (see  ordinances  Nos.  311,  Sept.  14,  1860,  and 
335,  Sept.  26,  1860.)  It  was  finally  disposed  of  under  acts  of  Assembly  of 
1873,  c.  286;  1872,  c.  368,  and  1874,  c.  217;  1874,  c.  350,  and  1874,  c.  430. 

The  present  Baltimore  City  Almshouse,  (named  by  Res.  No.  81,  May  6,  '65, 
"  Baltimore  Bayview  Asylum,")  was  erected  under  the  provisions  of  ordi- 
nances No.  40,  approved  May  20, '62;  No.  49,  July  16, '62;  No.  25,  March 
26, '64;  No.  35,  June  7,  '65,  and  No.  3,  February  16,  '66;  and  Res.  Nos.  5, 
Dec.  2, '58;  37,  Dec.  16, '58;  146,  June  9, '64,  and  189,  Oct.  23, '65.  The  site 
was  purchased  from  the  Canton  Company  of  Baltimore,  and  the  almshouse  is 
situate  near  Eastern  avenue  and  Shor's  lane.  Ordinance  No.  21,  April  28, 
1860,  providing  for  the  purchase  of  property  for  an  almshouse  near  the  Phila- 
delphia turnpike  road  was  repealed  by  ordinance  No.  10,  April  5,  '61.  (See 
Sittmhouse  v.  Maym;  dtc,  25  Md.  336.) 


Aebiteation. 


75 


Article  III. — Statutes. 


ARTICLE  III 


ARBITRATION. 


STATUTES 


COURT   OF   ARBITRATION   OP  BOARD 
OF    TRADE. 

1.  Organization  and  purposes. 

2.  Powers:  proviso:  judge :  clerk :  ju- 

risdiction :  compensation :  right 
of  appeal:  costs:  judgment. 

3.  Proceedings  on  judgment:    pro- 

cess   of   execution :    nature  of 
writ :  when  writ  issued. 


ARBITRATION  COMMITTEE  OF  CORN 
AND  FLOUR  EXCHANGE. 

4.  Duties. 

5.  Modeof  proceeding:  powers;  pro- 

cess :  award :  copies. 

6.  Judgment  or  decree  in  court  on 

award :  execution :  title  to  real 
estate :  costs  and  expenses : 
stay:  no  appeal. 


STATUTES. 

COURT  OF  ARBITRATION  OF  BOARD  OF  TRADE.* 

1.  The, Board  of  Trade  shall  have  power  and  authority  iszs.c. 383, s. 4. 
to   create  and  organize  within  itself  a  court  of  arbitration  organization  of 

^  .        .     court  of  arbilra- 

for  the  adjudication  and  settlement,  according  to  the  princi-  tion. 
pies  of  law,  equity  and  commercial  usage,  or  of  either,  purposes. 
applicable  thereto,  of  any  and  all  controversies  concerning 
or  growing  out  of  contracts  of  sale,  manufacturing,  or  letting 
on  rent ;  of  the  making  or  negotiating  or  transfer  of  bills  of 
exchange,  promissory  notes,  bills  of  lading,  railroad,  ware- 
house or  other  similar  receipts,  and  other  such  commercial 
paper  ;  of  guaranties  of  agency,  of  bailment,  of  partnership, 
of  insurance,  of  affreightment,  or  of  any  other  transactions, 
of  whatever   specific   class,  pertainfng  to  trade,  commerce, 


*The  Board  of  Trade  was  incorporated  by  act  of  1853,  c.  158. 


76 


Aebitkation. 


Article  III.— Statutes. 


naviscation,  manufactures  or  mechanic  arts,  or  business  con- 
nected  with  any  of  these,  or  contracts  for  personal  work, 
labor  and  service  done  or  rendered,  or  to  be  done  or  rendered, 
in  and  about  the  pursuit  and  transactions  of  trade,  commerce, 
navigation,  manufactures  or  mechanic  arts,  one  or  more  of 
tlie  parties  to  which  controversies  is  or  are  members  of  the  said 
corporation,  in  all  cases  wlierein  such  controversy  is  by  the 
consent  of  all  the  parties  thereto  signified  by  a  submission  in 
writing,  referred  for  adjudication  and  settlement  to  said  court. 

Ibid, s,  6.  2.     In   order   to   the  due  and   effective  execution  of  the 

Powers.  power  in  the  next  preceding  section   granted,  the  said  cor- 

poration shall  have  the  further  power,  either  directly  in 
corporate  meeting,  whether  the  regular  annual  meeting  or  a 
special  meeting  called  for  the  purpose  by  reasonable  notice 
to  all  the  members  of  the  time,  place  and  object  thereof,  by 
advertisement  in  one  or  more  of  the  daily  newspapers  of  the 
city  of  Baltimore,  or  else  by  delegation,  in  such  meeting,  by 
rule  or  otherwise,  made  through  the  officers  and  directors, 
constituting  the  board  of  directorB  or  management  of  said 
corporation,  in  either  case  by  the  concurring  votes  of  a  ma- 
jority of  the  members  of  said  corporation  or  board  of  directors, 
as  the  case  shall  be,  present  at  such  meeting  of  the  one  or 

ProTiB*.  the  other  for  the  propose— provided  there  be  then  and  there 

a  quorum  present,  as  constituted  by  the  constitution,  articles 
of  association  or  by-laws  of  the  said  corporation  or  board  of 
directors — from  time  to  time  to  elect  from  among  those  per- 
sons who  have  been,  or  before  any  such  election  shall  have 
been,  admitted  to  practice  law  in  this  State,  one  learned  in 
the  law  and  possessing  such  other  qualifications  as  the  said 
corporation  shall,  by  rule  or  regulation,  as  hereinafter  em- 
powered, prescribe,  whether  such  person  be  a  member  of  said 
corporation  or  not,  unless  otherwise  provided  by  such  rule  or 

Judge.  regulation,  as  judge  of  the  said  court  of  arbitration,  and  also  to 

elect  in  like  manner,  or  to  provide  for  the  election  or  appoint- 


Arbitration.  77 

Article  III. — Statutes. 


ment  of  a  clerk  of  the  said  court ;  and  shall  have  power  also,  cierk. 
by  rules  and  regulations  duly  adopted  by  the  said  corporation 
in  such  corporate  meeting  as  aforesaid,  or  by  the  delegation 
of  said  corporation  in  such  meeting  made  by  its  said  board  of 
directors,  to  define  the  duties,  powers  and  functions  of  the 
said  judge  and  of  the  said  clerk,  and  of  any  other  members 
or  officers  cf  the  said  court  of  arbitration  provided  for  as 
hereinafter  is  authorized,  and  to  determine  the  jurisdiction  jurisdiction. 
of  the  said  judge,  original  and  appellate,  whether  sitting 
alone  or  with  laymen,  members  of  the  said  corporation  asso- 
ciated with  him,  and  to  fix  the  term  of  time  for  which  the 
said  judge  and  the  said  clerk  respectively  shall  be  elected, 
and  the  terms  and  conditions  upon  which  each  shall  hold  or 
continue  to  hold  his  office,  and  the  amount  and  mode  of  the 
compensation  of  each,  not  to  be  diminished,  however,  during  compensation. 
the  currency  of  a  term  of  office ;  to  provide  for  the  appoint- 
ment of  temporary  substitutes  for  the  said  judge  and  the  said 
clerk,  or  either,  when  from  any  cause  this  shall  be  necessary 
for  the  prom[)t  administration  of  the  justice  of  the  court, 
and  also  for  the  appointment  of  lay  arbitrators  as  members 
of  the  said  corporation,  for  the  hearing  and  determination  of 
a  particular  case,  either  in  the  first  instance  with  right  to  the 
parties,  or  either  of  them,  to  appeal  to  tlie  said  judge,  or  as 
assessors  associated  with  the  said  judge  when  parties  so 
choose,  and  to  define,  in  such  cases,  the  powers,  duties  and 
authority  of  such  lay  arbitrators  or  assessors  ;  and  also  pre- 
scribe the  forms  and  modes  of  application,  procedure,  plead- 
ing, practice,  trial'and  jjrocess  in  the  said  court,  in  all  the 
necessary  details  thereof,  and  the  effect  of  the  awards  and 
judgments  or  decisions  of  the  said  court,  as  to  the  finality  or 
conclusiveness  or  otherwise  thereof,  and  the  methods  and 
means  of  securing  compliance  therewith  by  the  parties  ;  and 
also  to  regulate  the  costs  and  fees  to  be  paid  by  the  parties  costs, 
to  any  such  controversy  so  submitted,  and  the  amount  and 


78  Arbitbation. 


Article  III. — Statutes. 


time  and  manner  of"  payment  thereof,  and  the  disposition  of 
such  costs  and  fees  ;  provided,  however,  that  no  such  rule  or 
regulation  shall  be  valid  if  it  shall  be  contrary  to  the  General 
Law  of  the  State,  or  to  natural  right  or  sound  reason,  or  be 
intended  to  provide  for  enforcing  payment  or  other  perform- 
judgment.  aucc  of  the  award,  judgment  or  decision  of  the  said  court  or 
board  of  arbitration  by  any  final  process  of  execution  other- 
wise than  is  hereinafter  directed. 

Ibid,  s.  6.  3.     When,  in  any  such  case  so  submitted  as  is  hereinbe- 

Proceedings  on  fore  provided,  an  award,  judgment  or  decision  shall  have 
been  rendered  by  the  said  court  or  board  of  arbitration,  that 
is,  according  to  the  rules  and  regulations  hereinbefore  au- 
thorized, final  and  conclusive  upon  the  parties,  and  shall 
have  been  recorded  by  the  clerk  of  the  said  court  in  a  book  to 
be  provided  and  kept  for  the  purpose  within  a  time  limited 
therefor  in  the  said  rules  and  regulations,  the  successful 
party  shall  have  the  right  to  have  the  said  original  award, 
judgment  or  decision  in  writing,  signed  by  those  members  of 
the  said  court  or  board  concurring  therein,  and  duly  certified 
by  the  clerk  to  be  the  original  award,  judgment  or  decision, 
under  his  hand  and  the  seal  of  the  corporation  ;  and  if  the 
said  award,  judgment  or  decision  shall  be  for  the  recovery  by 
the  one  party  and  payment  to  him  by  the  other  of  a  certain 
sum  of  money,  the  said  successful  party  shall,  upon  his  filing 
the  said  award,  judgment  or  decision  so  certified  with  the 
clerk  of  the  Superior  Court  of  Baltimore  City  or,  at  his  op- 
tion with  the  clerk  of  the  Court  of  Common  Fleas  of  said 
city,  have  the  right  to  have  the  same  entered  by  its  proper 
style,  in  the  name  of  such  successful  party  as  plaintiff 
against  the  losing  party  as  defendant,  in  its  order  of  time, 
upon  the  court  calendar  or  docket  of  causes  to  be  called  at 
the  next  succeeding  term  or  rule  day  of  said  court,  which- 
ever shall  first  occur,  and  upon  the  call  thereof  in  its  course, 
to  have  judgment  at  once  oidered  and  entered  up,  as  upon  a 


Arbitration. 


Article  III.— Statutes. 


verdict  for  the  recovery  of  the  same  amount,  according  to 

the  practice  of  said  court,  and  to  have  process  of  execution  Process  of  exe- 
cution. 

for  its  enforcement  and  satisfaction  in  all  respects  as  if  the 
said  amount  had  been  recovered  by  a  judgment  of  the  said 
court  in  a  regular  suit  between  the  same  parties  in  the  same 
relative  position  on  the  record,  there  instituted  and  prose- 
cuted in  the  ordinary  modes  of  proceeding  therein  ;  but,  if 
the  said  award,  judgment  or  decision  shall  be  for  the  recovery 
by  the  one  party,  and  the  surrender  or  delivery  by  the  other 
to  him  of  the  possession  of  specific  property,  the  said  suc- 
cessful party,  upon  filing  such  award,  judgment  or  decision, 
so  certified  as  aforesaid,  with  the  clerk  of  the  Circuit  Court 
of  Baltimore  City,  or  such  other  court  therein  as  shall  at  the 
time  have  jurisdiction  there  of  causes  in  equity,  shall  have 
the  right,  on  or  at  any  time  after  the  first  day  of  the  next 
succeeding  term,  or  on  or  at  any  time  after  the  next  succeed- 
ing rule  day  of  the  said  court,  whichever  shall  first  occur,  to 
have,  upon   motion  therefor,  and  order  made  by  the  said 
court,  affirming  the  said  award,  judgment  or  decision,  and 
making  the  same  a  decree  of  the  said  court,  and  to  have  the 
same  enforced,  if  the  recovery  be  of  the  possession  of  land, 
freehold  or  leasehold,  by  a  writ  in  the  nature  of  a  writ  of  Nature  of  writ. 
habere  facias  posse^isionem,  such  as  the  said  court  is  author- 
ized to  issue  for  the  purpose  of  putting  a  purchaser  under  its 
decree  in  possession  of  the  land  purchased  by  him,  and  to  be 
executed  in  the  same  manner  and  by  the  same  officer  against 
such  losing  party  to  such  award,  judgment  or  decision,  and 
any  and  all  and  every  other  person  or  persons  in  possession 
of  said  land,  claiming  the  same  by  virtue  of  a  title  derived 
from,  through  or  under  such  losing  party,  and  acquired  sub- 
sequently to  the  date  of  such  award,  judgment  or  decision, 
which  said  writ  the  said  court  is  authorized  and  empowered 
to  issue  for  this  purpose  upon  application  in  writing  of  such 
successful  party  to  the  said  award,  judgment  or  decision,  in 


80 


Aebitration. 


Article  III. — Statutes. 


When  witness-  person  or  by  attorney,  verified  by  the  affidavit  of  himself"  or 

ed, 

his  attorney,  unless  good  cause  to  the  contrary  shall  be  shown 
by  such  party  in  possession  within  not  less  than  fifteen  nor 
more  than  thirty  days  after  notice  in  writing  of  such  appli- 
cation served  upon  such  party  in  possession  in  person  ;  and 
if  the  recovery  be  of  the  possession  of  personal  chattels,  by 
such  process  of  execution  and  compulsion  as  in  the  chancery 
practice  of  this  State  is  usual  and  proper  for  the  enforcement 
of  a  decree  for  the  specific  delivery  of  personal  chattels. 


Arbitration 
committee. 


Duties. 


ARBITRATION    COMMITTEE    OF    CORN    AND    FLOUR 

EXCHANGE. 

1870, c.  136, 8. 8.  4.  The  board  of  directors  shall  annually  elect  by  ballot 
five  members  of  the  association,  who  are  not  members  of  the 
board,  as  a  committee,  to  be  known  as  the  Arbitration  Com- 
mittee of  the  Baltimore  Corn  and  Flour  Exchange.*  The 
board  of  directors  may,  at  any  time,  fill  any  vacancy  in  said 
committee  for  the  remainder  of  the  term  in  which  such 
vacancy  may  happen.  The  duty  of  the  arbitration  com- 
mittee shall  be  to  hear  and  decide  any  controversies  which 
may  arise  in  business  between  the  members  of  said  organiza- 
tion, or  said  members  and  other  persons,  as  may  be  volun- 
tarily submitted  to  the  said  committee  for  arbitration  ;  and 
such  members  and  persons  may,  by  an  instrument  in  writing, 
signed  by  them  and  attested  by  a  subscribing  witness,  agree 
to  submit  to  the  decision  of  said  committee,  any  such  con- 
troversy so  arising  as  might  be  the  subject  of  an  action  at 
law  or  in  equity,  except  claims  of  title  to  real  estate. 

5.  The  mode  of  proceeding  of  said  arbitration  commit- 
tee shall  be  regulated  by  the  by-laws  of  the  corporation, 
which  shall  be  substantially  complied  with  in  all  cases, 
without  prejudice,  however,  to  any  award  from  merely  formal 


Agreement  to 
submit. 


Real  estate. 


Ibid,  s.  9. 

Mode  of  pro 
ceeding. 


*  The  Corn  and  Flour  Exchange  was  incorporated  by  Act  of  1865,  c.  83. 


Aebitkation.  81 

Article  III.— Statutes. 


irregularity.     The  said  committee  shall  have  power  to  apply  Powers, 
to  any  justice  of  the  peace  for  the  City  of  Baltimore,  to  issue 
suhpcBnaa  and  other  compulsory  process  to  procure  the  attend-  Process. 
ance  of  witnesses  before  it,  and  all  justices  so  applied  to  in      • 
writing,  signed  by  the  chairman  or  acting  chairman  of  said 
committee,  shall  issue  such  process  forthwith,  the  cost  of  the 
same,  and  of  the  attendance  of  the  witnesses  so  summoned, 
to  be  the  same  as  in  civil  suits  before  such  justices,  and  to  be 
collectable  from  the  parties  on  whose  behalf  the  said  witness- 
es shall  be  summoned  and  attend,  in  the  same  manner,  and 
by  the  same  means,  as  if  adjudged  to  be  paid  by  a  judgment 
of  the  justice  who  shall  act  in  the  premises  in  a  civil  suit 
between  the  same  parties  depending  before  him.     A  majority 
of  said  committee  may  act  in  all  cases,  and  a  majority  of 
such  majority  shall  have  power  to  render  an  award  in  the  Award. 
name  of  and  as  the  act  of  the  committee.     No  dissenting 
award  or  opinions  shall  be  rendered  or  placed  among  the 
proceedings,  or  upon  the  records  of  the  committee  or  the 
corporation  ;  the  award  of  the  committee  rendered  in  con- 
formity herewith,  and  as  prescribed  by  the  by  laws,  shall  be 
conclusive  on  all  parties  to  the  submission.     It  shall  in  all 
cases  be  in  writing,  signed  by  the  members  of  the  committee 
who  agreed  upon  it,  and  filed  among  the  proceedings  of  the 
committee,  but  copies  shall  be  given  by  the  secretary,  with  copies. 
his  attestation  and  the  seal  of  the  corporation  attached,  to 
the  respective  parties,  as  soon  as  may  be  after  said  award 
shall  have  been  rendered. 

6.     If  the  parties  to  any  submission  shall  agree  to  do  so,  ibid,  s.io. 
they  may  stipulate  as  part  of  said  submission,  in  writing,  judgment  or  de- 

''  ''  i:  >■  .  „  .        cree  in  court  on 

that  the  award  of  the  committee  rendered  in  conformity  award. 
herewith  and  with  the  by-laws,  shall  stand  and  avail  as 
against  them  to  the  same  effect  as  a  judgment  or  decree  of  a 
court  of  competent  jurisdiction,  in  which  case  either  party 
desiring  and  entitled  to  the  enforcement  of  said  award,  may 


Arbitration. 


Article  III. — Statutes. 


Costs  and  ex 

peiises. 


file  a  copy  of  the  same  and  of  the  submission,  attested  under 
seal  by  the  secretary  of  the  corporation,  for  record  with  the 
clerk  of  any  court  of  this  State  having  jurisdiction  of  the 
subject  matter,  and  the  person  against  whom  said  enforce- 
ment is  sought ;  and  thereupon  it  shall  be  the  duty  of  said 
court,  on  motion  or  application,  ex  parte,  at  any  time  after 
ten  days  from  the  filing  of  the  award,  to  enter  judgment  or 
decree  tliereupon.  as  upon  a  final  award  made  by  referees 

Execution.  uudcr  rulc  of  court ;  upon  which  judgment  or  decree,  exe- 
cution shall  issue  without  stay.     No   matter  affecting  the 

Title  to  real  es- title  of  real  cstatc,  however,  shall   be  submitted  to  or  be 

tate.  '  ' 

arbitrated  by  the  said  committee  under  this  or  the  preceding 
section,  but  the  committee  may  direct  in  its  award  the  pay- 
ment of  the  costs  and  expenses  of  the  arbitration,  and  the 
amount  thereof  shall  be  embraced  as  a  principal  sum  in  the 
judgment  or  decree  to  be  rendered  ;  if  awarded,  to  be  paid 
by  the  party  against  whom  such  judgment  or  decree  is 
sought.  No  judgment  or  decree  rendered  on  any  award 
under  this  act  shall  be  liable  to  be  stayed,  except  upon  alle- 
gation, under  oath  of  the  defendant  of  manifest  fraud  in  the 
procurement  or  rendition  of  the  award,  or  of  a  material  and 
substantial  failure  of  the  committee,  specifically  alleged  and 
set  forth,  to  comply  with  the  by-laws,  or  this  act,  in  the 
hearing  and  determination  of  the  matters  submitted  ;  nor 
shall  any  such  judgment  or  decree  be  quashed,  modified  or 
stricken  out,  except  upon  satisfactory  proof  of  the  matters 
so  required  to  be  so  alleged  ;  neither  shall  there  l)e  any  ap- 
peal in  any  case  from  the  original  judgment,  order  or  decree, 
whereby,  after  a  hearing  of  the  allegations  and  proofs  as 
aforesaid,  the  said  original  judgment  or  decree  shall  be 
maintained. 


stay, 


No  appeal. 


Assault  and  Battery. 


83 


Article  IV.— Statutes. 


ARTICLE  IV. 

ASSAULT  AND  BATTERY. 


STATUTES. 

3.   Presentment  or  indictment. 


Assault  and  battery  in  streets, 
&c. :  penalty. 

Description  of  offence  in  recog- 
nizance or  commitment. 


STATUTES. 

1.  Any  person  M'ho  shall,  without  any  provocation,  as- p.  l.  l.,  art.  4, 
sault  and  beat  any  person  in  any  of  the  streets,  lanes,  alleys  Assault  and  bat- 
or  highways  of  the  City  of  Baltimore,  or  at  any  place  of  &c? 
public  resort  or  amusement,  between  the  hours  of  six  o'clock 

in  the  evening  and  six  o'clock  on  the  following  morning,  or 
who  shall  counsel,  aid  or  abet  in  such  assault  and  battery, 
shall  be  fined  in  a  sum  not  less  than  twenty-five  dollars,  and  pcnauy 
imprisoned  not  less  than  one  month  ;  or  the  judge  of  the 
Criminal  Court  of  Baltimore  City,  or  the  judge  having  juris- 
diction of  the  offence,  may,  in  his  discretion,  sentence  the 
person  convicted  of  such  offence  to  confinement  in  the  peni- 
tentiary for  a  period  not  less  than  six  months  nor  more  than 
two  years. 

2.  It  shall  not  be  necessary  to  state  with  more  particu-  ibid,  sec.  ise. 
larity  than  is  now  necessary  in  proceedings  for  assaults  and  ^^»^;".jP^^"J^°J 
batteries,  the  time  or  place  of  such  assault  and  battery  in  nizan 
the  recognizance  or  commitment  on  which  the  said  person  is 
tried,  but  the  said  person  may  be  tried  on  a  recognizance  or 


ce  or  com- 
eiit. 


84  Assault  and  Battery. 


Article  IV. — Statutes. 


Trial.  Commitment  on  which  the  said  person  is  tried,  but  the  said 

person  may  be  tried  on  a  recognizance  or  commitment  for  a 
common  assault  and  battery,  and  shall  be  sentenced  by  the 
court  according  to  the  facts  proved  at  the  trial. 

Ibid,  sec.  157.        3.     In  case  the  said  person  is  tried  upon  a  presentment  or 
Presentment  or  indictment,  it  sliall  onlv  be  necessary  to  alle";e  in  the  pre- 

indictment.  '       _        _  "  ''  °  / 

sentment  or  indictment  that  the  offence  was  committed 
between  the  hours  aforesaid,  and  that  it  was  committed  on  a 
highway  in  the  City  of  Baltimore,  or  at  a  place  of  public 
resort  or  amusement,  without  setting  forth  said  highway  or 
place  of  public  resort  or  amusement  by  name. 


AssAYEE  OF  Silver  Plate. 


85 


Article  V.— Statutes. 


ARTICLE  y. 


ASSAYER  OF  SILVER  PLATE. 


STATUTES 


1.  Mayor  and  Council  to  appoint 

assayer. 

2.  Oath  of  office. 

3.  Bond. 

4.  Not  to  be  concerned  in  sale  or 

manufacture  of  silver. 

5.  Stamp  prescribed. 

6.  Mayor  and  Council  to  approve 

stamp:  fine. 

7.  Forging  or  counterfeiting  stamp 

or  marks,  &c.:  penalty. 

8.  When    manufacturer    may  sell 

without  stamp :  penalty. 


9.  Name  of  manufacturer  to  be 
stamped  :  purchaser  may  have 
ware  assayed. 

10.  False  mark  or  stamp. 

11.  When  purchaser  to  pay  costs  to 

assayer. 

12.  When  seller  to  pay :  penalty. 

13.  How  fines  and  penalties  recover- 

able. 

14.  Not  to  extend  to  any  but  traders. 


STATUTES. 

1 .  The  Mayor  and  City  Council  of  Baltimore  shall  ap-  p.  l.  l.,  art.  4, 
point  an  able  and  skilful  man,  experienced  in  assaying  silver,  Mayor  and 

,  „  •  1      •  Council  to  ap- 

as  Assayer  tor  said  city.  point  assayer. 

2.  The  person  so  appointed  shall,  before  entering  upon  iMd,  sec.  71. 
the  duties  of  his  office,  take  the  following  oath:  I,  A.  B.,  oath  of  office, 
do  swear  that  I  will,  so  long  as  I  continue  assayer,  well  and 
faithfully  behave  myself  in  said  office,  and  justly  and  im- 
partially decide  all  matters  which  may  be  submitted  to  me 

as  assayer,  according  to  my  best  judgment  and  experience, 
and  no  undue  jjrofit  to  myself  take  to  the  hurting  or  hin- 
drance of  any  person,  either  purchaser  or  seller,  of  any  article 
of  manufactured  silver  to  be  assayed,  and  will  true  account 


86  AssAYER  OF  Silver  Plate. 


Article  V. — Statutes. 


make  of  all  acts  done  by  me  in  virtue  of  my  office  of  assayer, 
whenever  I  shall  be  required  so  to  do  by  tlie  Mayor  and  City 
Council  of  Baltimore,  so  help  me  God. 

Ibid,  sec. -2.  3.     He  shall  enter  into  bond  to  the  Mayor  and  City  Coun- 

Bond.  cil  in  such  sum  and  with  such  security  as  they  shall  require 

for  the  true  and  faithful  performance  of  the  duties  imposed 

upon  him  by  law. 

Ibid,  sec.  73.  4.     No  assaycr  shall  be  concerned  or  any  wise  interested 

Not  to  b«  con-    in  the  manufacturing  or  sale  of  silver  plate,  or  manufacture 

cerned  in  .<!.ilc 

or  manufacture  of  silvcr  within  the  Citv  or  precincts  of  Baltimore,  under 

of  Sliver.  ''  A  ' 

the  penalty  of  the  forfeiture  of  his  office  and  of  his  official 
bond. 

Ibid,  sec.  74.  5.     The  Stamp  which  shall  be  used  by  the  assayer  for  the 

stamp  pre-       marking  or  stamping  of  silver  vessels,  plate,  or  manufacture 

scribed. 

of  silver,  shall  be  numbers  corresponding  with  the  number 
of  ounces,  pennyweights  and  grains  of  pure  silver  contained 
in  such  articles  to  every  pound  troy. 

ibid.sec. 75.  g_     The  said  stamp  shaU  be  appiroved  by  the  Mayor  and 

com?cirtoap-    ^^^y  Council,  and  it  shall  be  the  duty  of  the  assayer,  when- 

prove  stamp,     g^g^,  required  by  the  said  Mayor  and  City  Council,  to  produce 

for  their  inspection  the  stamp  so  used  by  him,  and  on  failure 

his  office  shall  be  vacated  or  a  fine  imposed  upon  him,  at 

their  discretion. 

Ibid,  see. 76.  7,     Jf  any  person  shall  cast,  forge  or  counterfeit,  or  cause 

Forging  or        to  be  cast,  forgcd  or  counterfeited,  the  stamps  or  marks  of 

cotiriterreitniK  '  <^  ?  i 

stamp  or  marks,  the  assaycr,  or  shall  mark  or  stamp,  or  cause  or  procure  to 
be  marked  or  stamped,  any  wrought  plate  of  silver,  or  any 
wares  of  brass  or  other  base  metal  silvered  over  or  resembling 
silver,  with  any  stamp  or  mark  which  hath  been  or  shall  be 
forged  or  counterfeited,  in  imitation  of  or  to  resemble  any 
stamp  or  mark  of  said  assayer,  or  shall  transpose  or  remove, 
or  cause  or  procure  to  be  transposed  or  removed,  from  one 


AssAYER  OF  Silver  Plate.  87 

Article  V.— Statutes. 

piece  of  wrought  plate  to  another,  or  to  any  plate  of  such 
base  metal  as  aforesaid,  any  stamp,  mark  or  impression 
which  may  be  made  by  or  with  the  said  assayer's  stamp  or 
mark,  or  shall  sell,  exchange  or  expose,  or  offer  for  sale  or 
exchange,  any  wrought  plate  of  silver,  or  any  vessel  of  such 
base  metal  as  aforesaid,  with  any  such  forged  or  counterfeited 
stamp,  mark  or  impression  thereon,  or  any  stamp,  mark  or 
impression  which  hath  been  transferred  or  removed  from  any 
other  piece  of  plate,  knowing  such  stamp,  mark  or  impres- 
sion to  be  forged,  counterfeited  or  transposed,  or  removed  as 
aforesaid,  or  shall  wilfully  or  knowingly  have  or  be  possessed 
of  any  mark  or  stamp  which  hath  been  or  shall  be  forged  or 
counterfeited  in  imitation  of  and  to  resemble  any  mark  or 
stamp  of  said  assayer,  he  shall,  upon  conviction  thereof, 
forfeit  and  pay  the  sum  of  five  hundred  dollars,  to  be  re-  Penalty. 
covered  by  action  of  debt  in  the  Criminal  Court  of  Baltimore, 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
one-half  thereof  to  the  Mayor  and  City  Council  for  the  use  of 
the  city,  and  the  other  half  to  the  use  of  the  informer,  and 
shall  be  committed  by  the  court  to  the  penitentiary  of  the 
State  of  Maryland,  there  to  remain  and  to  be  kept  at  hard 
labor  for  any  time  not  exceeding  the  space  of  five  years,  nor 
less  than  one  year,  and  until  payment  be  made  of  the  said 
forfeiture. 

8.     It  shall  be  lawful  for  any  manufacturer  or  manufac- ibid.sec.rr. 
turers  of  silver  ware  in  said  city,  to  sell,  exchange,  expose  whenmanufac- 
or  offer   to   sell  or  exchange,  any  silver  vessel  or  plate,  or  without  stamp. 
other    manufacture  whatsoever,   by  himself  or  themselves, 
manufactured  within  the  said  city,  without  requiring  the 
stamp  or  mark   of  the  assayer  thereupon  ;  provided,   that 
every  vessel  or  plate  or  other  manufacture  of  silver  thus  soH, 
exchanged  or  exposed,  or  offered  for  sale  or  exchange,  which 
shall  be  over  the  weight  of  five  pennyweights,  shall  be 
stamped  with   the  name  or  names  of  the  manufacturer  or 


88  ASBATER   OF   SiLVER   PlATB. 


Article  V. — Statutes. 


manufacturers,  and  also  the  numerical  figure  or  figures  cor- 
responding with  the  fineness  thereof,  under  the  penalty  of 
Penalty.  twenty  dollars  for  each  and  every  article  which  shall  not  he 

so  stamped. 

Ibid,  sec.  78.  9.     It  shall  be  lawful  for  any  person  or  persons  who  may 

Nameofmanu-  not  bc  manufacturers  of  silver  ware,  to  sell,  exchange  or  ex- 

facturer  to  be  j  j  o 

stamped.  posc,   or  offcr  to  sell  or  exchange  in  said  city,  any  silver 

vessel,  plate  or  other  manufacture  of  silver  whatsoever  not 
manufactured  within  the  said  city,  and  having  thereon  the 
name  or  names  of  the  person  or  persons  so  selling,  exchang- 
ing or  offering  to  sell,  or  exchange  the  same,  together  with 
the  numerical  figures  corresponding  to  the  fineness  thereof; 

Purchaser  may  hut  it  sliall  bc  lawful  for  the  purchaser  or  purchasers  of  such 

have  ware  as-  ^  '- 

sayed.  ware,  plate  or  manufacture  of  silver,  to  apply  to  the  assayer 

of  said  city  to  have  the  same  assayed,  and  if  on  assaying  the 
same  it  shall  be  found  that  the  said  plate,  ware  or  manufac- 
ture is  less  in  fineness  than  eleven  ounces  in  any  pound  troy, 
or  hath  not  thereon  the  numerical  figures  and  the  name  or 
names  as  aforesaid,  the  person  or-  persons  so  selling  or  ex- 
changing, or  ofi'ering  to  sell  or  exchange  the  same,  shall 
forfeit  and  pay  the  sum  of  twenty  dollars  for  each  and  every 
piece  of  article  of  such  ware,  plate  or  manufacture  so  sold 
or  exchanged,  or  ofiered  for  sale  or  exchange. 

Ibid,  sec.  79.  10.     If  any  purchaser  or  purchasers  of  any  vessel,  plate 

False  mark  or    or  othcr  manufacture  of  silver  in  said'  city  shall  believe  that 

stamp.  '' 

the  stamp  or  mark  designating  by  a  numerical  figure  or 
figures  the  fineness  thereof,  is  a  false  and  deceptions  mark  or 
stamp,  and  does  not  truly  designate  the  fineness  thereof,  he 
may  apply  and  complain  to  the  assayer,  who  shall  assay  the 
article  and  decide  and  declare  the  fineness  thereof. 

Ibid,  sec.  80.  11.     If  the  assayer,  upon  application  and  complaint  as 

triTay^co^t^'to^^*^^®^^^^'  ^^^^^^  decide  that  the  said  mark  or  stamp  designa- 
a,ssayer.  ^iug  by  a  numerical  figure  or  figures  the  fineness  of  the  sil- 


AssATEB  OF  Silver  Plate.  89 

Article  V. — Statutes. 

ver  article  in  question  before  him,  is  a  just  and  true  mark^ 
fairly  designating  the  fineness  thereof,  the  purchaser  making 
the  complaint  shall  pay  to  the  assayer  ten  cents  for  every 
ounce  of  silver  plate  or  manufactured  silver  assayed. 

12.  If  the  assayer  shall  decide  that  the  mark  or  stamp  iwd,  sec.  si. 
designating  by  a  numerical  figure  or  figures  the  fineness  of  when  seiier  to 
such  silver  plate  or  manufactured  silver  is  a  false  and  decep- 

tious  mark  or  stamp,  and  does  not  truly  designate  the  fine- 
ness of  such  article,  the  seller  or  manufacturer  against  whom 
the  application  is  made  sliall  be  fined  twenty  dollars  for  each  Penalty- 
case  in  which  such  decision  is  made  by  the  assayer,  and  pay 
to  the  assayer  ten  cents  for  every  ounce  of  silver  plate  or 
other  manufactured  silver  so  assayed. 

13.  All  fines  and  penalties  incurred  for  violating  the  pro-  ibid.sec.sz, 
visions  of  this  article  relating  to  the  assaying  of  silver  plate  How  fines  and 

'^  ^        o  J-  penalties  recov- 

shall  be  recoverable  before  a  justice  of  the  peace,  as  small  arable. 
debts  are  recoverable,  in  the  name  of  the  Mayor  and  City 
Council  of  Baltimore,  the  one-half  thereof  to  the  said  Mayor 
and  City  Council  for  the  use  of  the  city,  and  the  other  half 
for  the  use  of  the  informer. 

14.  Nothing  herein  contained  shall  be  construed  to  extend  ibid,  sec.  83. 
to  those  who  do  not  deal  in  silver  ware,  plate  or  manufac- Nou^o^extend^t^^ 

ture  thereof,  in  the  way  of  trade. 

1 


90 


Auctions. 


Article  VI. 


ARTICLE  VI 


AUCTIONS 


STATUTES . 


1.  Wliat  property  subject  to  auction 

duties. 

2.  Rates  of  tax  on  sales  by  auction  : 

specialHcense  not  to  pay  duties. 

3.  Rates  of  duties :  exceptions. 

4.  How  calculated. 

5.  What    property    exempt    from 

duties. 

6.  Duties  on  realty :  a  lien. 

7.  Purchaser  may  pay  out  of  pur- 

chase money. 

8.  Property  to    be    struck    off   to 

highest  bidder. 

9.  Governor  to  appoint  auctioneers. 

10.  Bond  of  auctioneer  to  sell  under 

$150,000:  license  fee  to  treas- 
urer. 

11.  When  general  auctioneers  may 

sell :  returns  to  City  Comp- 
troller: auctioneer  under  spe- 
cial license :  penalty. 

12.  Bond    to    sell     over    $150,000: 

license  fee. 

13.  To  sell  books,  maps  and  prints  : 

license  fee. 

14.  To  sell  horses  and  carriages :  li- 

cense fee. 

15.  How  license  may  be  issued. 

16.  Partner  or  representative   may 

act  in  case  of  death. 

17.  Bonds :  how  taken  and  recorded  : 

fee  to  clerk  of  court. 

18.  When  treasurer  tt)  issue  license. 


19. 

20. 

21. 

22. 
23. 

24. 

25. 

26. 

27. 


30. 
31. 


Unauthorized  persons  not  to  sell 
by  auction :  penalty. 

Selling  without  bond  or  license  : 
penalty. 

Selling  goods  other  than  author- 
ized :  penalty. 

Commission  void  without  license. 

Bond  to  be  renewed. 

When  treasurer  may  require  new 
security. 

Appointment  void,  if  auctioneer 
accept  appointment  from  an- 
other State. 

Auctioneer  to  designate  partners, 
&c. :  penalty. 

Mayor  to  designate  where  horses 
and  carriages  may  be  sold,  &c.: 
riding  and  driving  such  horses 
and  carriages. 

Auctioneer  to  keep  registry  of 
horses  sold :  where  to  be  de- 
posited. 

Rates  of  commissions  allowed  for 
selling  books,  maps  and  prints. 

Rates  for  selling  under  $150,000. 

For  selling  over  $150,000:  excep- 
tion. 

Higher  rates  than  authorized : 
penalty. 

Not  to  permit  others  to  sell  under 
license  except  employees : 
places  at  which  sales  may  be 
made. 


Auctions. 


91 


Article  VI. — Statutes. 


34. 


Penalty  for  violating  provisions 
of  preceding  section. 

Auctioneers  to  render  account  to 
City  Comptroller:  each  day 
sales :  payments  to  City  Comp- 
troller. 

Auctioneer's  oath  to  account: 
certificate  to  be  attached. 

Penalty  for  failing  to  make  re- 
turns :  proviso :  evidence :  pro- 
viso :  action  against  auctioneer 
or  on  bond. 

Auctioneer  making  no  sales  to 
make  affidavit. 

Governor  to  appoint  no  auction- 
eer whose  accounts  are  unset- 
tled. 

Fraud  or  deceit:    penalty:    di- 
viding fee  or  commission  with 
trustee,  attorney,  &c.:  liability 
of  trustee  or  attorney. 
41.  Prosecution:  penalties  recovered. 


35. 


36 


37 


38 


39 


40. 


42.  Perjury :  penalty. 

43.  Disposition  of  proceeds  of  auc- 

tion duties:  improving  channel 
and  harbor. 

44.  Mayor  and  City  Council  to  ac- 

account  to  State  Comptroller : 
Comptroller  to  report  to  Gen- 
eral Assembly. 

45.  Excess  over  $20,000  to  be  paid 

to  State  Treasurer :  City  Comp- 
troller to  account  to  State 
Comptroller :  when  balance  to 
be  paid. 

46.  Proviso:  wharfage. 

47.  Who  may  sell  without  license. 

OUDINANCES- 

1.  I^'gister  to  account  to  Comptrol- 

ler of  State. 

2.  Holding  auctions  without  per- 

mission: penalty:  when  Mayor 
may  grant  permit. 


STATUTES . 

1.  All  real  estate,  and  all   goods,  wares,  merchandise,  rl.l,  art.  4, 
stock  and  every  other  species  of  personal  property  whatever,  wh«t^^pf^p«;;ty 
(except  goods  and  other  property  belonging  to  this  State  or  tro.rd,.tie°s ' 
the  United  States,  or  which  shall  be  seized  by  any  public 

officer  for  or  on  account  of  any  penalty  or  forfeiture,  or  taken 
in  execution,  and  all  goods  distrained  for  rent,  utensils  of 
husbandry,  and  all  articles  of  the  growth  or  produce  of  this 
State,)  which  shall  at  any  time  be  exposed  to  sale  by  public 
auction  within  the  city  of  Baltimore,  shall  be  subject,  each 
and  every  time  they  or  any  of  them  shall  be  struck  off,  to 
duties,  at  the  following  rates  : 

2.  All  real  estate  and  vessels,  all  wines  and  ardent  spirits,  'S'^, c.  249, .. 
foreign  and  domestic,-all  goods,  wares ,  merchandise  and  effects  Rate  ^of  ^ax  on 
imported  from  any  place  beyond  the  Cape  of  Good  Hope,  all  t-. 
stock  of  banks  or  other  incorporated  institutions,  State  or  city 


92  Auctions. 

Article  VI. — Statutes. 


loans,  goods  and  effects  of  deceased  persons  or  insolvent  debt- 
ors, or  property  sold  under  an  order  or  decree  of  any  court,  at 
the  rate  of  fifty  cents  on  every  hundred  dollars  ;  and  raw  cotton 
and  provisions,  coffee,  tea,  sugar  and  molasses,  foreign  and  do- 
mestic, at  the  rate  often  cents  on  every  hundred  dollars,  except 
Special  license  in  cascs  wherc  an  auctioneer  shall  have  taken  out  a  special 

not  to  pay  du- 

ties.  license  at  the  rate  of  seventy-five  dollars  per  annum  to  sell 

at  public  auction  stocks  of  banks  or  other  incorporated  insti- 
tutions, State  or  city  loans,  when,  and  in  which  event,  but 
not  otherwise,  no  auction  duties  upon  such  securities  shall 
be  paid  by  the  auctioneer  who  has  taken  out  such  special 
license.* 

1872,0.249,8.87.  3.  All  otlicr  goods,  wares,  merchandise  and  effects  which 
Rates  of  duties,  are  the  production  of  any  foreign  country,  all  domestic  manu- 
factures, and  all  goods,  Avares,  merchandise  and  effects,  and 
property  of  what  kind  soever  not  enumerated  above,  at  the 
rate  of  seventy-five  cents  on  every  hundred  dollars,  save  and 
excepting  that  class  of  goods  known  as  groceries  and  dry 
goods,  including  carpets,  boots  and  shoes,  which  shall  only 
be  subject  to  a  duty  of  ten  cents  on  every  hundred  dollars. 

p.  L.  L.,  art.  4,      4.     The  dutics  shall  be  calculated  on  the  sums  for  which 

gee.  88. 

How  calculated,  the  property  or  goods  so  exposed  to  sale  shall  be  respectively 
struck  off,  and  shall  in  all  cases  be  paid  by  the  person  mak- 
ing the  sale. 

Ibid, sec.  89.  5.     No  dutics  shall  be  chargeable  upon  any  goods,  wares. 

What  property  merchandise  or  other  property  sold  by  any  auctioneer  at 

exempt  Irom  .  ^  i        i.  ./  j  j 

duties.  private  sale  on  the  days  of  his  public  auction,   unless  the 

same  be  sold  at  the  place  of  his  public  auction,  or  unless  the 
same  be  part  of  what  was  offered  for  sale  at  said  public  auc- 
tion, or  was  advertised  to  be  sold  thereat. 

*  The  Act  of  1872,  c.  263,  also  repeals  and  re-enacts  sec.  86  [sec.  2]  as 

above,  except  that  instead  of  "  raw  cotton  and  provisions,  coffee,  tea,  sugar 
and  molasses,"  &c.,  it  has :  "  coffee,  tea,  raw  cotton,  sugar  and  molasses,"  «S;c. 


AtroTioNS. 
Article  VI. — Statutes. 


6.  The  duty  imposed  on  all  sales  of  lands,  tenements  and  iwd.sec.  90. 
hereditaments,  or  of  any  interest  therein,  at  public  auction  Duties  on  reai- 
in  the  City  of  Baltimore,  shall  be  a  lien  on  the  said  property  '^' " 
when  sold  as  aforesaid. 

7.  Every  purchaser  of  lands,  tenements  or  hereditaments,  iwd,  sec.  91. 
or  of  any  interest  therein,  purchased  at  public  auction  in  the  Purchaser  may 

pay  out  of  pur- 
City  of  Baltimore,  sliall  be  entitled  to  pay  the  auction  duty  i^hase money. 

on  such  sale  and  to  claim  the  said  payment  as  a  credit  on 

his  purchase  as  aforesaid. 

8.  All  goods  and  property,  of  what  kind  soever,  shall  in  iwd,  8ec.92. 
all  cases  be  struck  off  to  the  highest  bidder  ;  and  where  the  Property  to  be 

struck  off  to 

auctioneer  or  owner,  or  any  person  employed  by  them  or  highest-bidder. 
either  of  them,  shall  be  such  bidder,  the  goods  or  property 
shall  be  subject  to  the  same  duties  as  if  struck  off  to  any 
otlier  person  ;  but  this  section  shall  not  be  construed  to  ren- 
der valid  any  sale  that  would  otherwise  be  deemed  fraudulent 
and  void. 

9.  The  Governor,  by  and  with  the  advice  and  consent  of  iwd,  sec.  93. 

the  Senate,  shall  biennially  appoint  as  many  auctioneers  in  Governor  to  ap- 
point auction- 

the  City  of  Baltimore  as  he  may  think  proper  ;  not  exceed-  ears, 
ing  twenty. 

10.  Each  person  so  appointed,  the  amount  of  whose  sales  ibid,  sec.  94. 
of  goods,  wares,  merchandise  and  personal  property  of  every  ^^ond^oj^^auc-^ 
kind,  exclusive  of  his  real  estate  sales  and  sales  of  houses,  under  $150,000. 
shall  not  exceed  the  sum  of  one  hundred  and  fifty  thousand 
dollars,  shall,  before  entering  upon  the  duties  of  his  office, 

enter  into  a  recognizance  to  the  State,  with  two  sufficient 
securities,  in  the  sum  of  five  thousand  dollars,  conditioned 
for  the  payment  of  the  duties  hereinbefore  mentioned  to  the 
Treasurer  of  Maryland,  and  that  he  shall  in  all  things  well, 
truly  and  faithfully  behave  and  conform  himself  according 
to  the  true  intent  and  meaning  of  this  law  ;  and  shall  also 


94  Auctions. 

Article  VI. — Statutes. 


License  fee  to    pav  to  the  Treasurer  of  Maryland  the  sum  of  four  hundred 

treasurer. 

and  fifty  dollars  as  a  license  fee  * 


i872,c.  249,  s.         11.     Any  auctioneer  paying  the  license  fee,  and  executing 

95 

When  general   the  boud  prcscribcd  in  the  last  aforegoing  section,  may  make 
miTyseu.         sales  of  every  description  of  goods,  wares  and  merchandise 
of  every  kind,  and  real  estate,  and  may  exercise  all  the  rights 
and  privileges  of  a  general  auctioneer  to  the  extent  and 
amount  of  the  sum  prescribed  in  said  section  ;  and  he  shall 
Return  to  City  make  uudcr  oath  quarterly  returns  to  the  Comptroller  of  the 
omp  ro  er.     ^.^^  ^^  Baltimore,  showing  the  full  amount  of  his  sales  of 
every  kind,   distinguishing  his  sales  of  goods,   wares  and 
merchandise,  and  personal  effects  of  every  kind,  from  his 
sales  of  real  estate  and  houses  ;  but  any  auctioneer  taking  out 
Auctioneers      ^  spccial  liceusc,  as  providcd  in  article  four,  section  eighty- 
license?^*^'*      six,  of  Public  Local   Laws,    [section    2  ante],  in   regard  to 
auctions  in  Baltimore  City,  to  sell  at  public  auction  stocks  of 
any  banks  or  other  incorporated  institutions.  State  or  city 
loans,  shall  not  be  required  to  make  any  returns  of  sales  of 


*  As  to  the  former  power  of  the  city  to  grant  licenses  to  auctioneers,  (re- 
vested in  State  by  the  Acts  of  1827,  c.  Ill;  1828,  c.  148;  1835,  c.  184;  1841, 
c.  186 ;  1853,  c.  266 ;  1860,  c.  279 ;  1868,  c.  13 ;  1868,  c.  171,  and  1872,  c  249,) 
under  the  ordinance  of  Feb.  20,  1801,  for  licensing  and  regulating  auctions 
within  the  City  of  Baltimore,  and  suits  on  bonds  given  thereunder  to  the 
Mayor  and  City  Council,  see  McMeclien  v.  Mayor,  dx.,  2.  H.  &  J.  41,  and  3 
H.  &  J.  534.  These  cases  decide,  that  where  a  licensed  auctioneer  gave  bond 
with  security,  as  required  by  law,  for  the  performance  of  his  duties,  and  the 
bond  recited  that  the  auctioneer  had  obtained  his  license,  the  intendment  of 
law  is,  that  the  boYid  and  license  were  given  on  the  same  day,  and  that  the 
execution  of  tlie  bond  preceded  the  granting  of  the  license,  because  the 
nature  of  the  transaction  required  it;  and  that  if  goods  are  sent  to  an 
auctioneer,  with  directions  to  sell  them  at  public  auction,  and  he  sells  them 
at  private  sale,  without  authority,  and  does  not  pay  over  the  proceeds,  his 
bond  is  liable. 

As  to  the  right  of  persons  interested  to  sue  on  bonds  taken  in  name  of 
State,  see  Big  v.  State,8Md.  295;  State  v.  Wyman,  2  G.  &  J.  254;  State  v. 
Bryan,  3  Gill,  388;  State  v.  Norwood,  12  Md.  193;  Logan  v.  the  State,  39  Md. 
177;  P.  G.  L.  Art.  XVI,  sec.  108 ;  Art.  XVIII,  sec.  34. 


Auctions.  96 

Article  VI. — Statutes. 


such  securities  ;  and  if  any  auctioneer  under  said  license  shall 
sell  any  amount  exceeding  the  sum  named  in  the  last  pre- 
ceding section,  he  shall  he  subject  to  all  the  penalties  herein-  Penalty. 
after  imposed  upon  auctioneers  who  shall  sell  without  license. 

12.  Each  auctioneer  so  appointed  whose  sales  of  goods,  p.  l^.,  art.  4, 
wares  and  merchandise,  and  personal  effects  of  every  kind,  Bond  to  sen 

'  ^  over  $150,000. 

exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall 
exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
shall,  before  he  enters  upon  the  duties  of  his  office,  enter  into 
a  recognizance  to  the  State,  with  two  sufficient  securities  in 
the  sum  of  ten  thousand  dollars,  conditioned  as  hereinbefore 
prescribed,  and  shall  pay  to  the  treasurer  the  sum  of  seven  License  fee. 
hundred  and  fifty  dollars  as  a  license  fee. 

13.  If  any  person  so  appointed  shall  desire  to  pursue  the  ibid.seo.g?. 
business  of  an   auctioneer   for   the   sole  purpose  of  selling  Bond  to  seii 

,     nooks,  maps 

books,  maps  or  prints,  by  day  or  by  night,  he  shall  be  enti-  and  prints. 

tied  to  do  so  by  first  entering  into  a  recognizance  to  the 

State,  with  two  sufficient  securities  in  the  penalty  of  five 

thousand  dollars,  conditioned  as  hereinbefore  prescribed,  and 

by  paying  to  the  treasurer  the  sum  of  one  hundred  and  fifty  License  fee. 

dollars. 

14.  If  any  person  so  appointed  shall  desire  to  pursue  the  ibid,  sec  9«. 
business  of  an  auctioneer  for  the   sole  purpose   of  vending  Bond toseu 
horses  and  carriages,  he  shall  be  entitled  to  do  so  by  first  canuges. 
entering  into  a  recognizance  to  the  State,  with  two  sufficient 
securities  in  the  sum  of  one  thousand  dollars,  and  paying  License  fee. 
to  the  treasurer  the  sum  of  fifty  dollars  as  a  license  fee. 

15.  A  license  may,  on  the  request  or  with  the  consent  of  ibid,  sec.  99. 
the  party,  be  issued  by  the  treasurer,  nunc  fro  tunc,  so  as  to  how  license^ 
avail  him  for  a  year  from  the  day  on  which  his  license  ex- 
pired, or  in  such  manner  as  to  avail  him  for  any  part  of  the 
interval  the  applicant  may  desire,  but  no  license  issued  under 


96  Auctions. 

Article  VI. — Statutes. 


this  section  shall  acquit  the  party  obtaining  it  of  any  penalty 
hereby  imposed  for  selling  without  license,  if  prosecution 
therefor  shall  have  commenced  before  such  license  was  ob- 
tained. 

Ibid,  sec.  100.         16.     lu  casc  of  the  death  of  any  auctioner  before  the  time 
Partner  or  rep-  limited  iu  his  liccnse  has  expired,  his  copartner,  or  copartners, 

resentative  may  .,.  i       i  i  . 

act  in  case  of    it  hc  has  any,  or  his  personal  representative,  may  continue 
to  act  under  the  license  for  the  unexpired  time. 

ibid.gec.ioi.         17.     All  recognizances  directed  to   be    taken  by  this  law 
Bonds,  how       shall  be  taken  by  the  clerk  of  the  Court  of  Common  Pleas, 

taken  and  re- 
corded, and  duplicates  shall  be  made  of  the  record  of  every  such 

recognizance  by  said  clerk,  one  whereof  shall  be  delivered, 
or  be  caused  to  be  delivered,  by  such  auctioneer  to  the  trea- 
surer within  ten  days  after  the  date  of  such  record,  and  the 
Fee  to  clerk  of  otlicr  shall  be  retained  by  said  clerk,  who  shall  be  entitled  to 

court. 

demand  for  the  same  from  the  auctioneer  the  sum  of  one 
dollar. 

Ibid,  sec.  102.         18.     The  Treasurer,  on  his  being  satisfied  that  the  recog- 
when treasurer  uizanco  herein  required  has  been  entered  into  bv  anv  of  the 

to  issue  license.  _  j  ,; 

persons  appointed  auctioneers  by  the  Governor,  and  upon 
his  receiving  the  license  fee  hereby  required  from  such  per- 
son, shall  issue  a  general  or  special  license  to  such  person  as 
the  person  may  be  entitled  to,  for  the  term  of  one  year  from 
the  date  of  such  license. 

J«72.  c- 249,  s.        19.     If  any  person  or  persons,  not  appointed  and  author- 
unauthorized    izcd  in  the  manner  herein  directed,  nor  by  nor  under  some 

persons  not  to  >  j 

sell  by  auction,  official  authority  under  the  laws  of  the  United  States,  shall 
sell  or  attempt  to  sell  any  goods,  wares,  merchandise  or  ef- 
fects of  any  kind,  real  estate,  or  vessels  in  the  City  of  Balti- 
more by  public  auction,  he  shall  be  considered  guilty  of  a 
misdemeanor,  and  shall  be  subject  to  presentment  and  indict- 
ment in  the  Criminal  Court   of   Baltimore,  and  shall  on 


Auctions.  97 

Article  VI.— Statutes. 


conviction  be  fined  in  a  sum  not  exceeding  five  hundred  del-  Penalty. 
lars,  nor  less  than  one  hundred  doHars,  or  be  imprisoned  for 
a  term  not  exceeding  three  months,  or  both,  at  the  discretion 
of  the  court, 

20.  If  any  auctioneer  shall  sell  any  goods,  wares,  merchan-  1872,  c.  249,  s. 
dise  or  effects,  or  vessels,  by  way  of  public  auction,  without  seiiine  without 
having  entered  into  the  recognizance  and  paid  the  license 

fee  hereinbefore  required,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  subject  to  presentment  and  indict- 
ment in  the  Criminal  Court  of  Baltimore,  and  on  conviction 
thereof,  shall  be  fined  in  a  sum  not  exceeding  one  hundred  penalty, 
dollars,  nor  less  than  fifty  dollars,  for  each  and  every  article 
so  exposed  for  sale. 

21.  If  any  auctioneer  shall  sell  any  goods  or  property  1872,  c.  249,  s. 
other  than  sucli  as  he  is  authorized  to  sell  by  the  terms  of  his  seiiing  goods' 
license,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  thomed. 
shall  be  subject  to  presentment  and  indictment  in  the  Criminal 

Court  of  Baltimore,  and  on  conviction  thereof  shall  be  fined 

in  a  sum  not  exceeding  one  hundred  dollars,  nor  less  than  penalty. 

fifty  dollars,  for  each  and  every  article  so  sold. 

22.  If  any  person  commissioned  as  auctioneer  shall  neglect  p-  l^^l.,  art.  4, 
to  take  out  a  license  within  twenty  days  after  his  commission  comr 

•^  •'  ^  Old  ' 

shall  have  been  forwarded  to  him  by  the  Governor,  such  com-  lii^ense. 
mission  shall  be  deemed  null  and  void,  and  the  Governor 
shall  appoint  some  other  person  to  supply  the  vacancy  in  the 
number  of  auctioneers  caused  by  such  neglect. 

23.  The  recognizance  herein  required  shall  be  annually  iwd,  sec.  107., 

Bond  to  be  re- 

renewed.  newed. 

24.  If  any  security  or  securities  entered  into  by  any  auc- jbid,  sec.  10?, 
tioneer  shall  remove  from  this  State  or  become  insolvent,  the  when  treasurer 

may  require 

treasurer  shall  demand  other  security  or  securities  in  his  or  newsecumy. 
their  place,  and  if  the  auctioneer  shall  neglect  or  refuse  to 


imission 
without 


98  Auctions. 

Article  VI. — Statutes. 


give  other  security  within  three  days  after  such  demand  is 
made,  his  license  shall  thenceforth  be  null  and  void  to  all 
intents  and  purposes  as  if  the  same  had  never  been  granted, 
and  the  treasurer  shall  immediately  give  public  notice 
thereof  in  two  or  more  public  newspapers  published  in  said 
city. 

Ibid,  sec.  109.         25.  If  any  auctioneer  apj^ointed  under  this  law  shall  ac- 
Appointment    ccpt  at  any  time  during  the  continuance  of  his  appointment 

void  if  auction- 
eer accept  ap-    an  appointment  as  auctioneer  from  any  other  State,  he  shall 

pointment  from  ■"■  ^  j  7 

another  State.    |)g  deemed  to  havc  forfeited  his  appointment  under  this  la^^^ 

Ibid,  sec.  110.        26.  Every  auctioneer  in  said  city  shall  designate  in  writing 
Auctioneer  to    his  partner  or  partners,  if  any  are  engaged  with  him  in  his 

designate  part-  _    ^  _  ^  '  ''  o    o 

ners,&c.  f^^id  busincss,  and  the  houses  or  stores  occupied  by  him  for 

the  transaction  of  auction  business,  and  shall  deposit  such 
writing  with  the  treasurer  ;  and  if  any  auctioneer  in  said  city 
shall  enter  upon  the  duties  of  his  office  before  so  doing,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 

Penalty.  shall  be  fined  in  a  sum  not  exceeding  five  hundred  dollars, 

and  it  shall  be  the  duty  of  the  coiirt  before  whom  such  con- 
viction is  had  to  transmit  forthwith  a  particular  report  there- 
of to  the  Governor,  who  may  in  his  discretion  inhibit  the 
person  convicted  from  acting  as  auctioneer  during  his 
pleasure. 

Ibid,  sec  111.         27.  The  Mayor  of  the  City  may  designate  the  place  or 
Mayor  to desig- places  for  the  sale  of  horses  and  carriages,  and  make  such 

nate  where 

horses aud car-  regulations   ip    Tcspcct  to  tlic  time  and  manner  of  selling 

riaees  may  be  '^  O 

soia.&c.  horses  and  carriages  at  auction,  and  the  riding  and  driving 

Riding  and       such  horses  and  carriages,  as  he  shall  deem  best  calculated 

driving.  ,  " 

to  promote  public  convenience  and  protect  the  persons  of  in- 
dividuals from  danger. 

Ibid,  sec.  112.        28.  Every  auctioneer  appointed  and  licensed  for  the  sale 
jiuctioneer  to     of  horscs   shall  kccp  a   registry  of  all  horses  sold  by  him, 

keep  registry  of  i.  o  ./  j    .i^in, 

horses  sold.       specifying  a  description  of  the  horse  sold,  the  sum  for  which 


Auctions.  ^ 99 

Article  VI.— Statutes. 


he  sold,  and  the  name  and  residence  of  the  seller  and  buyer, 

and  shall  deposit  such  registry,  with  an  oath  of  the  truth  where  to  be  de- 
posited. 
thereof,  at  the  end  of  each  year,  with  the  clerk  of  the  Court 

of  Common  Pleas. 

29.  No  auctioneer  specially  licensed  for  selling  books,  iwd,  sec.  113. 
maps  or  prints  shall  be  entitled  to  demand  or  receive,  with-  Ratesofcom- 

.  missions  allow- 

out  a  previous  agreement  to  the  contrary,  irorn  any  person,  ed  for  selling 

*■  "  _  ,  books,  maps 

directly  or  indirectly,  a  commission  exceeding  seven  dollars  and  prints. 
and  fifty  cents  for  every  one  hundred  dollars  of  the  purchase 
money  arising  from  such  sales,  exclusive  of  all  duties. 

30.  No  auctioneer  licensed  to  sell  to  the  amount  of  one  iwd,  sec.  lu. 
hundred  and  fifty  thousand  dollars,  without  a  previous  agree-  Rates  forseii- 

T  .         ing  under  $150,- 

inent  to  the  contrary,  shall  be  entitled  to  demand  or  receive  ooo. 
for  his  services,  directly  or  indirectly,  a  commission  exceeding 
four  dollars,  clear  of  all  duties,  for  every  hundred  dollars  of 
the  purchase  money  arising  from  such  sales. 

31.  No  auctioneer  licensed  generally  for  the  sale  of  goods,  iMd.sedis. 
wares   and    merchandise    exceeding   one  hundred  and  fifty  Rates  for  seii- 

'-'  \T\%  over  $150,- 

thousand  dollars,  without  a  previous  agreement  to  the  con-  oo"- 
trary,  shall  be  entitled  to  demand  or  receive  for  his  services, 
directly  or  indirectly,  a  commission  exceeding  two  dollars, 
clear  of  all  duties,  for  every  hundred  dollars  of  the  purchase 
money  arising  from  such  sales,  except  upon  sales  of  furniture  Exception. 
and  wearing  apparel,  upon  which  they  shall  be  entitled  to 
receive  four  dollars,  clear  of  duties,  for  every  hundred  dollars 
arising  from  such  sales  ;  and  except  also  upon  sales  of  books, 
stationery,  maps  and  prints,  upon  which  they  shall  be  en- 
titled to  receive  seven  dollars  and  fifty  cents,  clear  of  duties, 
for  every  hundred  dollars  arising  from  such  sales,  and  upon 
these  articles  the  auctioneer  mentioned  in  the  preceding  sec- 
tion may  charge  a  similar  amount. 

32.  Any  auctioneer  who  shall  receive  or  accept  any  ibid,  sec.  no. 
greater  or  higher  reward  for  his  services  than  is  authorized  mgherr^ates 
by  this  article,  shall  forfeit  the  sum  of  five  hundred  dollars  i-d. 


100  Auctions. 

Article  VI. — Statutes. 


Peuaity.  for  every  oifence,  to  be  recovered  in  the  name  of  the  State 

by  suit,  or  by  indictment  in  the  Criminal  Court,  one-half  to 
the  use  of  the  State  and  the  other  half  to  the  use  of  the 
party  prosecuting  for  the  same. 

1872,  c.  249,  s.  33.  No  auctioucer  shall  authorize  or  permit  any  person 
Not  to  permit    whatever  to  sell  any  property  of  any  description  whatever, 

others  to  sell  ^  .  r  t  •       z-  i 

umier  license     ufldcr  and  by  virtuc  01  his  license,   except  the  person   so 

except  em-  "^  . 

pioyee.  authorized  or  permitted  is  actually  and  bona  fide  in  the  em- 

ployment of  such  auctioneer,  and  is  actually  and  horca  fide  a 
resident  of  Baltimore  City  at  the  time  of  such  employment, 
and  the  commissions  on  such  sales  are  actually  and  bona  fide 
for  the  benefit  of  such  auctioneer,  and  no  license  shall  be 
construed  to  authorize  the  holder  to  sell  at  more  than  one 

Places  at  which  regular  establishment,  but  an  auctioneer  may  sell  public 

sales  may  be 

made.  stocks,  houscs,  lots  and  furniture,  or  ships  or  vessels  on  the 

premises  where  the  same  may  be,  or  at  the  exchange,  or 
goods  in  the  original  form  and  packages  as  imported,  and 
bulky  articles  such  as  have  been  usually  sold  in  warehouses 
or  in  the  public  streets  or  on  the  wharves,  at  such  other 
places  within  the  city  as  shall  be  desired  by  the  owner  or 
importer  of  such  bulky  articles  or  imported  goods. 

1872,  c.  249,:8.  34.  If  any  auctioneer  shall  violate  any  of  the  provisions 
Penalty  for  vio-  of  the  last  preceding  section,  he  shall  be  deemed  guilty  of  a 
sions  of  preced- misdemeanor  for  every  such  violation,  and  shall  be  subject 

iug  section.  >  .  u 

to  presentment  and  indictment  in  the  Criminal  Court  of  Bal- 
timore, and  OHx  conviction  thereof,  shall  be  fined  in  a  sum 
not  exceeding  two  hundred  dollars,  nor  less  tban  one  hundred 
dollars. 

1B72,  c.  249,  s.  35.  Every  auctioneer  shall,  within  thirty  days  after  the 
Auctioneers  to  first  days  of  Jauuary,  April,  July  and  October  of  the  year 
tocitycomp.    for  which  he  shall  have  been  appointed,  and  in  each  and 

troUer.  ^  ^  ' 

every  year  that  he  shall  hold  and  continue  in  the  office  and 
duty  of  such  auctioneer,  render  to  the  Comptroller  of  the  City 


Auctions.  iqi 

Article  VI.— Statutes. 


of  Baltimore  a  true  and  particular  account  in  writing  of  the 
money  or  sums  of  money  for  which  any  goods,  wares  or 
merchandise,  or  other  property  of  every  kind,  shall  have 
been  sold  at  every  sale  since  entering  on  the  duties  of  his 
office,  or  since  the  last  account  was  rendered,  of  the  amount  Each  day's 
of  each  day's  sales  and  the  days  when  sold,  distinguishing 
the  sales  made  by  liim  personally  or  in  his  presence,  and 
those  made  by  his  partner  or  partners  or  clerk  in  consequence 
of  his  absence  ;  setting  forth,  also,  the  amount  of  all  goods, 
wares,  merchandise  and  other  property  sent  or  entrusted  to 
him,  his  partner  or  partners,  for  sales,  and  [by]  him  or  them 
sold  at  auction,  and  the  days  on  which  the  same  were  sold, 
and  particularizing  the  amount  of  the  several  duties  charge- 
able on  said  sales,  duplicate  copies  of  which  said  accounts, 
properly  sworn  to  as  hereinafter  required,  shall  be  trans- 
mitted to  the  Comptroller  of  the  State,  by  every  such  auc- 
tioneer, within  the  said  thirty  days  after  the  said  first  days 
of  January,  April,  July  and  October  of  the  year  or  years  as 
aforesaid  ;  and  every  auctioneer  shall,  within  thirty  days 
after  rendering  such  account,  pay  over  to  the  said  Comptrol-  Payment  to 

<=>  '   I     ^  i  City  Comptrol- 

ler  of  Baltimore   City,  for  the  use  of  the  State,  subject  to  i". 

provisions  hereinafter  contained,  all  such  sum  or  sums  of 
money  as  appear  to  be  due  from  him  to  the  State  for  duties, 
according  to  law. 

36.     The  auctioneer  making  such  returns   shall,  at  the  ih72,  c.  249,  s. 
time  of  making  the  same,  take  before  some  justice  of  the  Auctioneer's 

o  '  _  oath  to  acconnt 

peace,  or  judge  of  a  court  of  record,  the  following   oath : 

I, ,  do  solemnly  and  sincerely  swear  that  the  account 

now  exhibited  by  me,  and  to  which  I  have  subscribed  my 
name,  contains  a  just  and  true  account  of  all  the  goods, 
wares  and  merchandise  and  property  of  every  kind,  sold  or 
struck  off  by  me  at  public  sale,  or  sold  at  private  sale,  on 
the  days  of  my  public  auctions,  or  sold  or  struck  off  as  afore- 
said by  my  co-partner  or  co-partners,  (if  any  there  he)  or  by 


102  Auctions. 

Article  VI. — Statutes. 


others  in  my  name,  or  under  my  direction,  and  in  my  actual 
and  bona  fide  employment,  (as  the  case  may  he)  and  the 
daj's  upon  which  the  same  were  respectively  sold  ;  thai,  I  have 
examined  the  entries  of  all  sales  mentioned  in  said  account, 
in  the  hooks  kept  by  me  for  that  purpose,  and  I  fully  believe 
this  account  to  be  correct ;  and  further,  that  I  have,  during 
the  time  mentioned,  conformed  in  all  things  to  the  provisions 
of  the  law  relating  to  auctions  in  Baltimoi'e  City,  according 
to  the  best  of  my  knowledge  and  belief,  so  help  me  Grod. 
Certificate  to  be  And  he  shall  cause  a  certificate  of  the  fact  that  he  has  taken 

attached. 

such  oath,  duly  signed  by  said  justice  or  said  judge,  and  a 
.  certificate  of  the  clerk  of  the  Superior  Court  of  Baltimore 
City,  of  the  official  character  of  said  justice  when  signed  by 
him,  to  be  annexed  to  said  return,  and  no  account  or  return 
of  sales  as  provided  to  be  made  and  rendered  in  the  last  pre- 
ceding section,  shall  be  deemed  or  held  to  be  '■'■  a  true  and 
particular  account,"  within  the  meaning  of  said  last  prece- 
ding section,  unless  the  oath  herein  provided  is  made  and 
annexed  to  such  account  or  return  of  sales,  and  the  auctioneer 
^  refusing  or  neglecting  to  make  and  to  annex  such  oath,  shall 

be  liable  to  be  proceeded  against  as  if  he  had  not  made  and 
rendered  any  account  or  return  of  sales,  as  required  by  law. 

1872,0.249,8.         37.  If  any  auctioneer  shall  refuse  or  neglect  to  transmit  to 
Penalty  for  fail-  the  trcasuror  a  duplicate  of  the  record  of  his  recognizance  as 

ing  to  make  re-  ^  '^ 

turns.  before  required,  or  shall  neglect  or  refiise  to  render  an  account 

of  sales  to  the  Comptroller  of  the  City  of  Baltimore  quarter- 
yearly,  or  shall  refuse  or  neglect  to  transmit  a  duplicate  copy 
of  such  account  to  the  Comptroller  of  the  State,  within  the 
time  or  times  limited  for  rendering  such  accounts  or  trans- 
mitting such  duplicates  as  provided  in  section  one  hundred  and 
nineteen  of  this  law,  [sec.  35,  ante:\  or  shall  refuse  or  neglect 
to  pay  over  to  the  Comptroller  of  the  City  as  hereinbefore  re- 
quired the  money  oY  moneys  due  from  him  to  the  State  for 
duties,  according  to  law,  within  thirty  days  after  rendering 


AU0TI0N6."  103 

Article  VI. — Statutes. 


such  account,  as  hereinbefore  directed,  he  shall,  in  and  for  each 
and  every  such  case  of  refusal  or  neglect,  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  subject  to  presentment  and 
indictment  in  the  Criminal  Court  of  Baltimore,  and  on  con- 
viction thereof  shall  be  fined  in  a  sum  not  exceeding  seven  penalty. 
hundred  dollars,  nor  less  than  one  hundred  dollars,  and  on 
conviction  shall  further  be  deemed  to  have  forfeited  his  ap- 
pointment as  auctioneer,  and  shall  hereby  be   disqualified 
from  acting  as  auctioneer  under  the  same  ;  provided,  it  shall  Proviso, 
be  competent  for  such  auctioneer  at  the  trial  of  such  suit  to 
give  in  evidence  every  matter  or  thing  going  to  show  a  satis-  Evidence. 
factory  excuse  on  his  part  for  such  neglect  or  refusal,  and  if 
the  jury  before  which  such  suit  sliall  be  tried  shall  think  such 
excuse  satisfactory,  they  shall  return  a  verdict  for  the  defend- 
ant, the  defendant,  however,  in  such  case  to  pay  the  costs  of 
the  prosecution  ;  and  provided  further,  that  no  suit  or  indict-  Proviso. 
ment,  or  conviction,  under  this   section,  for   the   penalties 
herein  contained,  shall  be  held  to  bar  or  prevent  the  State 
from  bringing  such  civil  action  or  actions  in  any  of  the  courts  ^^c»ou  »g»i^nst^ 
of  this  State  against  any  auctioneer,  or  on  his  bond,  for  the  bond, 
recovery  of  any  money  or  moneys  that  may  be  due  the  State,  or 
for  tlie  non-performance  or  mis-performance  of  any  duty  im- 
posed upon  him  by  this  law,  and  for  whicli  a  civil  action 
would  lie  against  him  or  on  his  bonds. 

38.  Every  auctioneer  who,  within  the  period  limited  for  p.^l.  l.,  art,  4, 
his  accounting,  shall  have  made  no  sales  of  goods  or  property  Aucticneer^^^^^ 
of  any  kind  liable  to  auction  duties,  shall  make  and  subscribe  to -keauidavit 
an  affidavit  of  those  facts  before  the  judge  of  the  Court  of 
Common  Pleas,  and  shall  transmit  a  copy  of  the  said  affi- 
davit, certified  by  said  judge,  to  the  treasurer,  within  the 
same  time  that  an  account  is  required  to  be  rendered,  under 
the  penalty  prescribed  in  the  last  preceding  section. 


104  •Auctions. 

Article  VI. — Statutes. 


Ibid,  Bee.  123.        39.  It  sliall  Dot  be  lawful  for  the  Governor  to  nominate  to 

Governor  to  ap-  the  Senate  as  auctioneer  any  person  who  shall  not  have  set- 
point  no  auc- 
tioneer whose    tied  in  full  at  the  treasury  office  for  all   amounts  due  from 

accounts  are  "^ 

unsettled.         j^jjj^  qj^  accouut  of  auctiou  duties. 

1873,  c.  249, 8.        40.  If  any  auctioneer  shall  be  guilty  of  any  fraud  or  deceit 

Fraud  or  deceit,  in  the  discharge  of  the  duties  of  his  office,  or  shall  elude  or 
defeat  any  provisions  of  this  law,  for  a  violation  of  which  no 
penalties  are  therein  specially  prescribed,  he  shall  be  guilty 
of  a  misdemeanor,  and  subject  to  presentment  and  indict- 
ment in  the  Criminal  Court  of  Baltimore,  and  on  conviction 

Penalty.  thereof,  shall  be  fined  in  a  sum  not  exceeding  one  thousand 

dollars,  nor  less  than  one  hundred  dollars  for  every  such  of- 
fence ;  and  if  any  auctioneer  shall  pay,  or  cause  to  be  paid,  di- 
rectly or  indirectly,  to  any  trustee,  attorney,  executor  or  ad- 
ministrator, selling  real  estate  or  property  of  any  kind  under 
any  order  of  any  court,  or  under  any  power  of  attorney,  any 

Dividing  fee  or  portiou  of  the  fcc  [orl  commissions  received  or  receivable  bv 

commissions,  "^ 

rtiorney,'&c.'  ^^^>  ^^^  charged  by  him,  in  his  account  for  making  any 
sale  of  such  real  estate  or  property  for  such  trustee,  attor- 
ney, executor  or  administrator,  he  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  in  the  Criminal 
Court  of  Baltimore,  shall  be  fined  in  a  sum  not  exceedinff 
two  hundred  dollars,  nor  less  than  fifty  dollars,  for  every 
such  offence  ;  and  such  trustee,  attorney,  executor  or  ad- 
ministrator receiving  or  retaining  such  portion  of  such  fee 
or  commissions,  and  not  accounting  for  it  to  the  proper  par- 
?rusVee*or°a't-  ^^®''^'  ^^^^^  ^®  Hablc  in  a  suit  on  his  bond  for  double  the 
to'-n^y-:  amount  so  received  or  retained  by  him,  to  the  cestui  qui  trust, 

the  principal,  or  to  any  person  interested  in  the  estate  which 
he  represents. 

fec^i2^'  "*■  *'      ^"^^  ^^  ^^  person  shall,  within  seven  days  after  any  such 
Prosecution,      offcnce  shall  be  committed,  prosecute  for  the  penalties   im- 
posed by  this  law,  the  treasurer,  upon  information  thereof 


Auctions.  105 

Article  VI. — Statutes. 


having  come  to  his  knowledge,  shall  direct  the  State's  attor- 
ney for  the  city  of  Baltimore  to  prosecute  for  the  same  ;  and  Penalties  re- 
the  penalties  when  recovered  'shall  be  paid  into  the  treasury 
for  the  use  of  the  State. 

42.  If  any  person  shall  wilfully  swear  falsely  touching  iwd,  sec.  126. 
any  matter  hereinbefore  required  to  be  verified  by  oath,  he  Perjury. 
shall  suffer  the  pains  and  penalties  which  by  law  are  pre- 
scribed for  wilful  and  corrupt  perjury,  and  if  an  auctioneer,  penalty. 
shall  forfeit  his  office. 

43.  The  proceeds  of  such  auction  duties  to  the  amount  of  1872,  c.  249,  s. 

^  _  127. 

twenty  thousand  dollars  shall  be  paid  over  by  the  Comp-  Disposition  of 

.        ^    ^       proceeds  of 

troller  of  Baltimore  City,  as  the  same  shall  be  received  by  auction  duties. 

him,  to  the  Mayor  and  City  Council  of  Baltimore,  to  be  by 

said  Mayor  and  Citv  Council  annually  appropriated  to  the  Deepening  and 

•'  "  A  I        i  improving 

purpose  of  deepening  and  improving  a  channel  in  the  Chesa-  ^^J^^^^'*"** 
peake  bay  and  Patapsco  river,  and  the  Harbor  of  the  city 
of  Baltimore.* 

44.  It  shall  be  the  duty  of  the  Mayor  and  City  Council  of  i872,c.a49,s. 
Baltimore,  on  or  before  the  fifteenth  day  of  September  in  Mayor  and  city 

'  "^  ^  Council  to  ac- 

each  year,  to  report  to  the  Comptroller  of  the  State  a  fair  ^t,"^"^'*  to^sute 
and  a  strict  account  of  their  disbursement  of  the  fund  arising  Jep'JJr't'fo'Gen" 

,  ,  ,    ,  1  eral  Assembly. 

from  said  auction  duties,  as,  and  to  the  amount  the  same  are 
appropriated  in  the  last  preceding  section,  in  relation  to  tlie 
deepening  and  improving  said  channel,  Patapsco  river  and 
Baltimore  City  Harbor,  and  the  said  Comptroller  shall  report 
the  same  to  the  General  Assembly. 

45.  If  the  net  proceeds  of  said  auction  duties  shall  exceed  1872,  c.  249,  s. 
the  sum  of  twenty  thousand  dollars,  the  excess  of  said  duties  Excess  over^ 
above  that  sum  shall,  for  each  and  every  year  that  they  shall  g^^'^/e'asurer. 
exceed  that  sum,  be  paid  over  by  the  Comptroller  of  the  City 

of  Baltimore  to  the  Treasurer  of  the  State  ;  and  in  case  of 

*  See  section  2,  ordinances  of  Art.  XXII-Harbor,  Docks  and  Wharves. 


100  Auctions. 

Article  VI. — Ordinances. 


City  comptroi-  sucli  6X0688  as  af'oresaid,  the  Comptroller  of  the  City  of  Bal- 

ler  to  account  *^ 

com^foTiM  tiraore  shall  also  render  to  the  Comptroller  of  the  State  a 
brief  statement  or  account,  showing  the  amounts  received 
by  him  on  account  of  auction  duties,  the  amount  paid  the 
Mayor  and  City  Council  of  Baltimore,  under  section  one 
hundred  twenty-seven  of  this  law,  (sec,  43  of  this  Article,) 
and  the  balance  due  the  State  and  payable  to  the  State 
Treasurer,  which  said  balance,  if  any,  and  whenever  the 
same  shall  arise  from  said  auction  duties,  shall  be  paid  to 
said  treasurer  on  or  before  the  twenty-fifth  day  of  September 
in  each  and  every  year. 

p.  L.  L.,  art.  4,      46.     The  provisions  of  the  three  preceding  sections  shall 
Proviso.  not  have  any  effect  if  the  City  of  Baltimore,  by  ordinance 

or  otherwise,  make  any  charge  on  articles  passing  over  or 
deposited  on  the  wharves  of  said  city  for  a  less  time  than 
one  day,  for  the  purpose  of  delivery  only,  from  or  on  board 
Wharfage.  of  any  vessel  trading  within  the  limits  of  this  State  other 
than  the  regular  wharfage  chargeable  on  such  vessel. 

Ibid,  sec.  131.        47.     Nothing  herein  contained  shall  prohibit  the  sale  of 
Who  may  sell    leather,  iron  or  tobacco,  by  the  person  who  manufactured 

without  license. 

the  same,  without  the  license  herein  required. 


ORDINANCES  . 

No.8,s. i4,R.o.      1.     The  Kegister  shall,  on  or  before  the  fifteenth  day  of 
Register  to  ac  September  in  each  and  every  year,  furnish  to  the  Comptrol- 

count  to  Comp-    i  /•     i         ci     ^ 

troiier  of  State,  ler  ot  the  State  a  fair  and  distinct  account  of  the  disburse- 
ments in  relation  to  the  deepening  and  improvement  of  the 
channel  in  Chesapeake  bay  and  Patapsco  river  and  the  har- 
bor of  the  City  of  Baltimore. 

No  33,  s.  36,         2.     It  shall  not  be  lawful  to  expose  or  ofi'er  for  sale  at 
Holding auc-     puDuc  auctiou  or  Otherwise,  any  goods,  wares  or  merchan- 

tions  in  street  >  j    a  i 

mi88io"n?^'"        ^^®  *^°  ^^^  ^^  *^®  public  streets,  lanes  or  alleys  in  the  city, 


Auctions.  107 

Article  VI.— Ordinances. 


unless  permission  be  first  obtained  from  the  Mayor,  under  a 

penalty  of  twenty  dollars  ibr  each  and  every  offence-;  and  penalty. 

the  Mayor  is  hereby  authorized  to  grant  a  permit  to  make 

sales  of  goods,  wares  and  merchandise  at  public  auction  or 

otherwise  on  any  of  the  streets,  lanes  or  alleys  in  the  city, 

when  in  his  opinion  and  iudgment  such  permission  will  not  when  Mayor 

'  i>        o  I  ^  Pj^y  ^raut  per- 

interfere  with  the  free  travel  and  use  tliereof,  and  will  not  »»''• 
be  in  any  respect  injurious  to  the  city  or  inhabitants  thereof. 


'^'I 


Note. — Decisions  by  Brown,  0.  J.,  in  City  Court : 

In  tlie  case  of  Henry  Linker  v.  WoodmUe  &  Nonnan,  auctioneers,  March, 
1874,  goods  had  been  sold  and  duly  charged  by  the  clerk  of  the  auctioneers. 
The  purchaser  subsequently  refused  to  take  the  goods,  which  were  stored 
for  him.  The  auctioneers  paid  tlie  owner  of  the  goods  for  them,  and  brought 
suit  against  the  purchaser.  Tlie  defendant  objected  that  the  auctioneers  had 
no  right  to  bring  the  action,  and  that  the  entry  made  by  the  clerk  was  not 
sufficient  to  bind  the  purchaser:  Held,  that  the  auctioneers  had  an  interest 
in  the  goods  for  their  commissions ;  that  that  interest  was  not  lessened  by 
the  payment  of  the  value  of  the  goods  to  the  owner,  and  that  the  clerk  in 
an  open  sale  by  auction  was  acting  for  both  the  vendor  and  purchaser,  and 
his  entry  was  sufficient  to  bind  the  purchaser.    Ijams  v.  Hoffman,  1  Md.  436. 

Orotjan  &  MitclieU  v.  Enw-ick,  February,  1874.  The  plaintiffs  were  auc- 
tioneers and  sold  by  catalogues  on  which  were  printed  the  terms;  among 
others  that  the  catalogues  were  made  from  invoices  and  that  plaintiffs 
were  not  responsible  for  the  correctness  of  tlie  dsscriptwns.  The  defend- 
ant bought  six  dozen  gloves,  but  plaintiffs  had  only  received  one  dozen, 
which  they  delivered,  and  so  of  some  other  articles.  The  bill  was  made  out 
according  to  the  sale,  but  the  goods  were  delivered  as  the  plaintiffs  had  re- 
ceived them,  and  corrections  in  pencil  were  made  on  bill  on  day  of  sale,  on 
delivery  of  goods  and  bill.  Afterwards  a  correct  bill  was  made  out. 
Defendant  claimed  damages  for  articles  not  delivered.  Held  that:  the 
printed  conditions  were  part  of  the  contract  of  sale ;  that  defendant  must 
pay  for  what  he  got,  and  could  not  claim  damages  for  what  he  did  not  get. 


108 


Buildings. 


Article  VII. 


ARTICLE  VII. 


BUILDINGS 


STATUTES 


1.  Wooden  buildings.  I    3. 

2.  Party  walls  and  partition  fences.  |    4. 


Steps,  porticos,  bulk  windows. 
Bricks. 


ORDINANCES 


1.  Wooden  or  frame  buildings  pro- 

hibited. 

2.  Buildings  regulated. 

3.  Wooden  buildings  not  to  be  re- 

moved without  permission. 

4.  Wooden    sheds    for   carpenters 

regulated:  proviso. 

5.  Frame  privies  and  bath  houses. 

6.  Wooden  or  frame  buildings  not 

to  be  enlarged. 

7.  Penalty. 

8.  Building    of    brick    and    stone 

houses  regulated. 

9.  Ordinance,  how  to  be  construed. 

10.  Provision  to  apply  when  new 

roofed:  penalty. 

1 1 .  Lamps  attached  to  wooden  build- 

ings regulated. 

12.  Penalty  for  injuring  houses,  &c. 

13.  For  injuring  places  of  worship, 

tombstones,  &c. 

14.  Builder's    privileges :    penalty : 

more  than  one-third  of  streets 
not  to  be  occupied  without 
permission  of  Mayor. 

15.  May  enclose  the  fronts  of  houses. 

16.  Slate  and  other  roofs  regulated : 

repairs  to  same  regulated: 
snow  and  ice :  penalty. 


17. 


18. 


19. 


20. 


21. 


22. 


23. 


24. 
25. 


Steps,  porches  and  porticos  reg- 
ulated :  penalty :  how  to  apply. 

Destroying  bills  posted  for  ad- 
vertisement. 

Penalty:  consent  of  owners  of 
property :  bills  to  be  dated. 

INSPECTOR   OP   BUILDINGS. 

Appointment  of  Inspector  of 
Public  Buildings:  salary:  clerk 
to  Inspector :  duties :  salary  of 
clerk. 

Dangerous  wall  or  building  to 
be  taken  down :  Inspector  to 
give  notice  in  writing :  expen- 
.ses:  report  to  Mayor:  pay- 
ment by  Register. 

Numbering  of  houses  :  proviso : 
expense  of  number  plate  to  be 
paid  by  owner  or  occupant  of 
premises:  privilege. 

When  Inspector  to  contract  for 
construction  and  repairs  of  city 
buildings:  exception. 

When  Register  to  pay. 

Advertising  for  proposals  to  con- 
struct or  repair :  record  of  pro- 
posals to  be  kept:  access  to 
record. 


Buildings. 


109 


Article  VII. — Statutes. 


26.  When  Inspector  to  grant  per- 

mits for  steam  boilers,  steam 
engines,  to  erect  frame  sheds, 
bay  windows,  signs,  &c.:  pro- 
viso :  permit  Irom  Mayor :  pen- 
alties. 

27.  Written  application  to  be  made : 

notice  of  application :  to  con- 
sider application:  when  to  be 
granted :  cost  of  permits :  ex- 
ception. 

28.  Bay  windows :  how  to  be  con- 

structed. 

29.  Cost  of  permits  to  erect  bay  win- 

dows. 

30.  Permits  may  be  revoked :  remo- 

val on  notice  from  Mayor :  fine. 

31.  Penalty  for  erecting  frame  shed 

larger  than  permitted. 

32.  Spouting  and  gutters :  notice:  pe- 

nalty :  gutter  and  down  spouts 
to  awnings. 

33.  Notice:  penalty. 

34.  Lettered  flaps  on  awnings:  let- 

tering posts  or  tree  boxes. 

35.  Penthouses  and  awnings  regu- 

lated :  penalty. 


36. 


37. 


38. 


39. 
40. 


Sign  posts,  figures  or  devices: 
provisos  :  fines  :  when  inn- 
keeper exempted. 

How  hoistways  to  be  enclosed : 
penalty. 

Inspector  of  Buildings  to  give  no- 
tice to  owners  or  occupants  of 
buildings. 

Construction  of  hoistways. 

City  Commissioner  and  Inspector 
of  Buildings  to  have  lightning 
rods  placed  on  public  build- 
ings. 

PARTY    WALLS    AND    PARTITION 
FENCES. 

41.  Use  of  party  walls,  &c.:  provisos. 

42.  Inspector  of  Buildings  to  regu- 

late party  or  partition  walls  or 
fences :  return  to  Register :  no- 
tice. 

43.  Evidence :  to  be  certified  to  Re- 

gister: fees. 

44.  Thickness  of  party  or  partition 

walls:   proviso. 

45.  Duty  of  Inspector  of  Buildings  : 

penalty. 


STATUTES. 

1.  The  Mayor  and  City  Council  may  direct  in  what  part  i\  l.j...  art.  4, 
of  the  city  buildings  of  wood  shall  not  be  erected.  Jgodenbuiid- 

2.  They  have  power  to  regulate  party  walls  and  partition  ^'J*  »«';j,8^23j^^ 

/•  partition  fences. 

3.  They  shall  have  power  to  pass  ordinances  regulating  ibid, sec.  864. 
the  limits  within  which  it  shall  be  lawful  to  erect  steps,  por-  steps,  porticos, 

bulk  windows, 

ticos,  bulk  windows,  or  other  architectural   ornaments  to  &c. 
houses  fronting  on  any  of  the  streets,  lanes  or  alleys  of  said 
city. 

4.  They  may  regulate  and  establish  the  size  of  bricks  that  ^bid.^'ec-aia^ 
are  to  be  used  in  the  houses  to  be  built  in  said  city. 


1 10  Buildings. 

Article  VII. — Ordinances. 


ORDINANCES  . 

No.35,s.i,R.o.      1.  It  shall  not  be  lawful  for  any  person  or  persons  to  erect 
Wooden  or       or   build,  or  cause  to  be  erected   or  built,  any  wooden  or 

frame  buildings  ..  .,.  it-  ^t 

prohibited.       frame  building  within  the  limits  oi  direct  taxation,  except 
such  as  shall  be  permitted  to  be  erected  under  the  provisions 
of  this  ordinance, 
ibid.s.a.  2.     No  building  shall  be  erected  or  put  up  having  more 

Buildings  regu-  wood  ou  the  outsidc  of  the  building  than  is  required  for 
door  and  window^  frames,  roof,  eaves,  cornices,  doors,  shut- 
ters, sash,  porticos  and  wooden  steps  to  the  first  floor  above 
the  ground,  or  which  shall  have  frames  or  posts  sunk  in  the 
earth,  or  placed  upon  any  other  material,  for  the  purpose  of 
covering  the  exterior  thereof  by  lathing  and  plastering  the 
same,  and  buildings  so  erected  shall  be  deemed  wooden  or 
frame  buildings. 

Ibid,  8.  3.  3.    No  person  shall  remove  any  wooden  building  from  one 

Wooden  build-  placc  witliiu  suid  limits  to  auotlicr  without   the   permission 

ings  not  '^  be  ^      ru-  '\  ^       i  /•       i 

removed  with-    01    the   Mnvor   and   City  Council,   and  the   consent  of    the 

out  permission. 

owners  of  the  adjoining  lots  first  had  and  obtained. 
Ibid,  8. 4.  4.     Whenever  any  owner  oT  any  lot  of  ground  is  desirous 

Wooden  sheds   of  improviug  the  same  by  the  erection  of  a  new  building  or 

for  carpenters  .       .  . 

regulated.  buildiugs  thcrcou,  the  Mayor  may,  in  his  discretion,  permit 
the  owner  of  such  lot  to  put  up  a  wooden  shed  on  the  same 
or  a  neighboring  lot,  for  the  use  of  the  carpenters  employed 

Proviso.  on  said   building  while    preparing   their  work-;    provided, 

however,  that.such  permission  shall  not  extend  to  a  longer 
time  than  until  the  building  proposed  to  be  erected  shall  be 
roofed  in  and  the  floors  laid,  at  which  time  the  owner  or 
owners  of  the  lot  on  which  such  shed  has  been  put  up  shall 
cause  it  to  be  taken  down  and  removed. 

Ibid,  s.  5.  5.  Nothing  contained  in  this  ordinance  shall  be  construed 

Frame  privies    to  prohibit  the  crcction  of  frame  privies,  not  more  than  one 

and  bath  .  _  r  > 

houses.  story  in  height,  and  not  exceeding  five  feet  square,  nor  shall 


Buildings.  m 

Article  VII.— Ordinances. 


anything  herein  contained  be  construed  to  embrace  or  ex- 
tend to  any  bath  house  that  may  be  constructed  in  such 
manner  as  to  project  over  the  yard  from  the  second  or  other 
upper  story  of  the  house  to  which  it  may  be  attached. 

6.  It  shall  not  be  lawful  for  any  person  or  persons  to  en-  iwd,  s.e. 
large,  or  cause  to  be  enlarged,  any  wooden  or  frame  building  wooden  or 

n  I'll  •I'll'-  /.    i»  .  frame  buildings 

or  any  kind  whatever,  within  the  limits  oi  direct  taxation,  nottob«en- 

'  Urged. 

by  elevating  or  causing  to  be  elevated  tlie  height  of  the 
same  or  otherwise. 

7.  Any  person  or  persons  who  shall  violate  any  provision  iwd.s. 7, 
of  any  preceding  section  of  this  ordinance  shall  forfeit  and  penalty, 
pay  a  fine  of  ten  dollars,  and  a  further  sum  of  five  dollar? 

for  each  and  every  day  such  violation  shall  continue. 

8.  Every  building  which  shall  hereafter  be  erected  within  ibid.s. 8. 
the  city,  as  well  as  every  buildinj;  that  shall  be  newly  roofed  Building  of 
or  covered,  of  brick  or  stone,  or  of  both,  shall  be  constructed  houses  reguia- 

'  '  '  ted. 

with  side  walls  or  party  walls,  of  brick  or  stone,  or  of  both, 
at  least  four  inches  thick  ;  and  such  side  walls  or  party  walls 
shall  extend  from  the  foundation  to  the  top  of  and  through 
the  roof  of  the  said  building,  and  be  covered  with  slate  or 
metal,  and  shall  be  so  constructed  as  to  separate  all  wood 
work  thoroughly  and  completely  of  the  interior  and  exterior 
of  such  building  from  all  and  every  part  of  the  interior  and 
exterior  of  any  adjoining  building,  and  every  such  side  wall 
or  party  wall  shall  moreover  pass  through  the  roof  of  the 
building  to  which  it  may  appertain,  in  such  manner  as  to 
break  entiiely  any  communication  of  wood  whatever  between 
such  roof  and  any  other,  under  a  penalty  of  twenfy  dollars  Penalty. 
for  each  offence,  and  also  the  further  sum  of  ten  dollars  for 
each  and  every  month  thereafter  until  the  provisions  of  this 
section  be  complied  with. 


112  Buildings. 

Article  VII. — Ordinances. 


ibid,s.9.  9,  Every  building  within  the  city,  of  brick  or  stone,  or  of 

Ordinance ;  how  both,  which  shall  bc  SO  far  advanced  towards  completion  that 

to  be  construed. 

the  roof  shall  have  been  put  thereon,  shall  be  deemed  and 
taken  to  be  a  building  erected  within  the  meaning  of  this 
ordinance. 

Ibid,  s.  10.  10.    Whenever  any  building  of  brick  or  stone,  or  of  both _, 

Provisions  to     already  erected  within   the   city,  sliall   be  newly  roofed  or 

apply  when 

newly  roofed,     covcred,  such  buildiug  shall  be  made  to  conform  to  the  pro- 

Penaity.  visious  of  this  Ordinance,  under  a  penalty  of  twenty  dollars 

for  each  offence,  and  also  the  further  sum  of  ten  dollars  for 

each  and  every  month  thereafter,  until  the  provisions  of  this 

ordinance  shall  be  complied  with. 

Ibid,  8. 11.  11.    No  person  or  persons  shall  be  permitted  to  hang  or 

Lamps  attached  placc  any  lamp  or  light  on  the  outside  of  any  wooden  build- 
biuidings  regu-  ing,  uulcss  such  lamp  be  made  of  such  materials  as  will 
prevent  any  liability  to  fire,  and  placed  at  the  distance  of 
two  feet  six  inches  from  such  wooden  building ;  and  any 
.  person  or  persons  oifending  against  the  provisions  of  this 
section  shall  forfeit  and  pay  a  sum  not  exceeding  five  dollars 
for  every  such  offence,  and  five  dollars  per  day  for  every  day 
they  shall  permit  such  lamp  to  remain. 


lated. 


No.  .13,  s.  20,  12.  If  any  person  shall  wilfully  and  maliciously  injure  or 

Penalty  for  in-  dcfacc  any  housc  *  or  premises  within  the  city,  or  any  fence 

jiiring  houses, 

'*c.  or  enclosure,  or  any  other  appurtenances  belonging  thereto, 

such  person  shall,  for  each  and  every  such  offence,  forfeit 
and  pay  not  less  than  ten  nor  more  than  twenty  dollars,  and 
shall,  moreover,  be  liable  to  pay  all  expenses  of  repairing 
the  said  injury  or  injuries. 


•  See  acts  of  1868,  c.  56,  and  1867,  c.  135. 


Buildings.  5^3 

Article  VII.— Ordinances. 


13.  If  any  person  shall  injure  or  deface  any  house  of  pub-  ibid.  s.  49. 
lie  worHhi{)  *  or  the  appurtenances  belonging  to  the  same,  or  Penalty  tor  m- 
any  tombstone  or  grave,  or  the  enclosure  or  fencing  around  Cm"fip,'tomb°/ 
th^  same,  within  the  city,  such  person  shall,  for  each  and  """*'' 
every  offence,  forfeit  and  pay  the  sura  of  twenty  dollars. 

14.  It  shall  and  may  be  lawful  for  any  person  employed  no.33,s,  9, 
in  building  or  repairing  any  house  to  occupy  one-third  part  Builder's priv- 
of  any  street,  lane  or  alley  of  the  city,  clear  of  the  footways  "^^*' 

in  front  of  any  lot  on  which  such  buildings  are  being  erected 
or  repaired,  with  the  materials  necessarily  used  in  erecting 
and  repairing  such  buildings,  until  the  same  be  covered  or 
repaired,  and  sixty  days  thereafter,  and  no  longer,  nnder 
the  penalty  of  forfeiting  one  dollar  for  each  and  every  day  Peimity. 
the  same  shall  be  suffered  to  remain  thereafter  ;  also,  to  use 
and  occupy  one-third  part  of  such  street,  lane  or  alley  in 
front  of  such  lot  with  plastering  mortar  and  other  materials 
necessary  for  plastering  such  house  or  building,  for  ninety 
days,  and  no  longer,  under  a  penalty  of  one  dollar  for  each 
and  every  day  the  same  shall  be  suffered  to  remain  there- 
after;  and  if  any  person  or  persons  shall  occupy  more  than  More  than  one- 

third  of  street 

one-thud  of  the  width  of  any  street,  lane  or  alley  without  nottobeoccu- 

•'  '  •"  pied  without 

permission  of  the  Mayor,  he,  she,  or  they  shall  be  subject  vj'^">^^f»«'"°' 
to  a  fine  of  not  less  than  one  nor  more  than  five  dollars,  for 
each  and  every  day  the  same  shall  be  suffered  to  remain. 

*  1867,  c.  135,  enacts  that  if  any  person  unlawfully  and  maliciously  shall 
disfigure,  cut,  injure  or  damage  any  church,  house  of  worship,  its  pews, 
seats,  walls,  windows,  shutters,  trees,  tombstones,  fencing,  inclosures,  or  other 
property  in  or  belonging  thereto,  or  any  parsonage,  its  furniture,  trees,  fenc- 
ing, or  inclosures  near  and  belonging  to  the  same,  he  shall,  on  conviction 
before  a  justice  of  the  peace  or  the  circuit  court  of  the  county  or  city  where 
the  said  property  may  be  situate,  be  deemed  guilty  of  a  misdemeanor,  and 
fined  in  the  discretion  of  the  said  justice  or  court,  in  a  sum  of  money  not 
less  than  three  dollars  nor  more  than  fifty  dollars  for  any  one  offence,  and 
shall  stand  committed  to  the  public  jail  of  the  county  or  city  till  the  fine 
and  fees  shall  be  paid. 


114  Buildings, 

Article  VII. — Ordinances. 


Ibid,  s.  10.  15.     It  shall  and  may  be  lawful  for  any  person  employed 

May  enclose  the  in  buildinff  01'  repairing  any  house  to  enclose  the  front  part 

fronts  ofhouse.s  o  l  o    ^      j  I 

Proviso.  thereof,  provided,  the  said  enclosure  does  not  project  more 

than  four  and  a-half  feet  on  the  footway,  or  remain  more 
than  sixty  days  a**ter  the  house  is  covered,  without  the  per- 
mission of  the  Cit}^  Commissioner  ;  and  any  person  offend- 
ing against  the  provisions  of  this  section  shall  he  subject  to 
a  penalty  of  five  dollars  for  each  and  every  day  the  said 
enclosure  shall  remain. 

Ibid,  8. 33.  16.     All  buildings  hereafter  erected,  fronting  on  any  pub- 

sute  and  other  lic  strcet,  lane  or  alley  in   the  city,  which  shall  be  covered 

roofs  regul.ited. 

with  tile,  slate,  zinc,  tin  or  copper,  shall  have  inserted  in 
the  rafters,  near  the  eaves,  iron  pins,  not  more  than  twelve 
inches  apart,  and  not  less  than  four  inches  in  length,  above 
the  top  of  the  roof,  with  scantling  or  iron  bars  on  the  pins, 
so  that  the  water  may  be  permitted  to  run  under^  and  the 
Snow  and  ice.  falling  of  suow  or  icc  pi'eventcd  ;  and  all  houses  hereafter 
EeDairstosame  to  be  rei)aired,  and  which  shall  be  covered  with  tile,  slate, 

regulated.  _  '  '  .  '  ' 

zinc,  tin  or  copper,  shall  be  finished  in  the  same  manner  ; 
every  person  or  persons  offending  against  the  provisions   of 
Penalty.  t^ig  scction  shall  forfeit  and  pay  a  fine  of  twenty  dollars, 

and  the  further  sum  of  ten  dollars  for  each  and  every  month 
thereafter,  until  the  provisions  hereof  shall  be  complied 
with. 

No.  36,  May  5,  17.  It  shall  iiot  bc  lawful  for  any  })erson  or  persons  or 
No. 74,  June  15,  }jody  corporate  to  erect  or  build  on  any  of  the  streets  or 
steps, porches,   alleys  in  the  city  of  Baltimore  any  sfeps,  i>orch  or  portico 

and  porticos  '  "^  ./  x      '     i  i 

regulated.  that  shall  eucroach  on  or  project  over  said  streets  or  alleys 
to  the  extent  of  more  than  one-third  the  width  of  the  foot 
pavement  of  said  streets  or  alleys  from  the  building  line  of 
said  streets  or  alleys,  and  any  person  or  persons  or  body 
corporate  offending  against  this  ordinance  shall  lorfeit  and 

Penalty.  pay  thc  sum  of  ten  dollars,  and  one  dollar  in  addition   for 


Buildings.  115 

Article  VII. — Ordinances. 


each  and  every  day  the  said  obstruction  shall  remain  there- 
after, and  if  said  steps  or  obstructions  are  not  removed  after 
thirty  days'  notice  given  by  the  City  Commissioner,  then 
the  said  commissioner  shall  proceed  to  remove  the  same  at 
the  cost  and  charge  of  the  party  or  parties  or  body  corporate 
so  offending. 

18.  It  shall  not  be  lawfu-1  for  any  person  or  persons  to  no.  2>,  May  12, 
destroy,  tear  or  otherwise  deface  any  bill  posted  for  advertise-  Destroying  bius 

,.,.  iiri  •11  •!  posted  for  ail- 

ment which  it  may  be  lawful  to  post,  either  by  posting  other  venisement. 

bills  over  the  same  or  otherwise,  at  any  time  within  one 

week  from  the  time  when  sucli  bill  shall  have  been  posted. 

19.  Anv  person  or  persons  who  shall  violate  any  of  the  ibu,  s.  2. 

provisions  of  the  aforegoing  section  shall  forfeit  and  pay  for  penalty. 

each  and  every  offence  the  sum  of  two  dollars,  provided,  Proviso. 

that  nothing  contained  in  the  aforegoing  section  shall  be 

construed  to  permit  any  person  or  persons  to  post  bills  of 

any  kind,  unless  the  same  is  done  with  the  consent  of  the  consent  of  own- 
ers ol  property. 

owners  or  occupants  of  property  where  said  bills  are  proposed 

to  be  posted.     All  bills  posted  under  the  provisions  of  this  Bins  to  be 

'■  ^  ^  dated. 

and  the  preceding  section,  shall  bear  the  date  of  the  month 
in  which  said  bill  is  posted. 

INSPECTOR  OF  BUILDINGS. 

20.  There  shall  be  annually  appointed,  as  other  city  offi-  no.st,  June  10, 
cers  are  appointed,  an  Inspector  of  Public  Buildings,  who  Appointment  of 

'■'■''■  _         Inspeclor  ol 

shall  be  an  experienced  builder  or  mechanic,  who  shall  receive  public  Buiid- 
a  salary  of  two  thousand  dollars  per  annum  ;    and  the  said  salary  of  in- 

•'  ^  .     spector. 

Inspector  of  Buildings  shall  appoint  a  clerk,  whose  duty  it  cierk  to inspec- 
shall  be  to  keep  a  record  of  the  proceedings  of  the  said  In-  Duties. 
spector,  in  a  book  to  be  provided  for  that  purpose,  and  shall 
perform  all  such  duties  as  may  be  required  of  him  by  the 
said  Inspector,  and  shall  receive  a  salary  of  one  thousand  salary  of  cierk. 
dollars  per  annum. 


116 


Buildings. 


Article  VII. — Ordinances. 


21.  If  any  wall  or  building  shall,  from  any  cause  what- 
ever, be  in  a  situation  to  be  dangerous  to  persons  or  property, 
the  Inspector  of  Buildings  shall  immediately  give  notice  in 
writing  to  the  owner  or  owners  of  such  wall  or  building,  or 
to  his,  her  or  their  agents,  if  said  owner  or  agent  can  be 
found,  to  cause  the  same  to  be  taken  down,  and  if  the  same 
shall  not  be  taken  down  in  twelve  hours  after  such  notice 
given,  the  Inspector  of  Buildings  shall,  with  the  approbation 
of  the  Mayor,  cause  the  same  to  be  properly  taken  down  at 
the  expense  of  the  owner  or  owners  ;  and  shall  report  the 
amount  and  items  of  such  expense  to  the  Mayor,  which  shall 
be  paid  by  the  Register  out  of  any  unappropriated  money  in 
the  treasury  ;  and  it  shall  be  the  duty  of  the  Mayor  to  recover 
the  same  by  all  lawful  ways  and  means  in  his  power. 

22.  It  shall  be  the  further  duty  of  the  Inspector  of  Build- 
ings, when  an  error  or  irregularity  exists  in  the  numbering 
of  houses,  or  when  they  are  without  numbers,  in  any  street, 
lane  or  alley  in  the  city  of  Baltimore,  to  have  the  same  cor- 
rected or  numbered  without  unnecessary  dela}^,  as  soon  as 
the  facts  are  brought  to  his  notice ;  provided,  that  the  ex- 
pense of  each  number  plate  required  to  be  furnished  as  afo re- 
Expense  of        said  shall   not   exceed   the   sum    of    twenty-five    cents,  the 

number  plate  to  i  •  i    i  i 

be  paid  by  own-  expcusc  to  be  paid  by  the  owner  or  occupier  of  the  premises  ; 

er  or  occupant  ±  i.  ^  i.  x  p 

of  premises.      g^j^jj  g^j^y  owucr  or  occupicr  shall  have  the  privilege  of  replac- 
Priviiege.         mg  any  number  plate  so  furnished  with  another,  provided 
the  same  number  be  retained. 


Ibid,  8.  9. 

Dangerous 
walls  or  build- 


Inspector  to 
give  notice  in 
writing. 


When  taken 
down  at  the 
owner's  ex- 
pense. 

Inspector  to  re- 
port to  Mayor  ; 
expense  to  be 
paid  by  Regis- 
ter. 


Ibid,  3.  3. 

Numbering  of 
houses. 


Proviso. 


Ibid,  9.4.  23.     The  Inspector  of  Buildings,  with  the  approbation  of 

When  Inspector  the  May  Or,  aud  except  where  by  ordinance  it  shall  be  other- 

to  make  con-  .  •  i      i        i 

tracts  for  con-     wisc  provided,  shall  make  all  contracts  for  the  construction 

struction  and 

fflingi"'^   and  repair  of  all  city  buildings,  (except  what  appertains  to  the 

Exception.        department  of  the  Water  Board  and  Harbor  Board),  and  the 

repairs  of  all  buildings  belonging  to  the  city  shall  be  under 

the  direction  and  control  of  the  Inspector  of  Buildings  ;  and 


Buildings.  117 

Article  VII. — Ordinances. 


should  any  building  require  repairing,  it  shall  be  his  duty, 
with  the  approval  of  the  Mayor,  to  have  the  same  done  in 
such  manner  as  he  may  deem  best  for  the  interest  of  the  city. 

24      The  Register  is  hereby  authorized  and  directed   toibid,  s.  5. 
pay,  upon  the  order  of  the  Inspector  of  Buildings,  approved  when  Register 
by  the  Mayor,  for  any  work  done  by  virtue  of  the  preceding  °^*^* 
section. 

25.     When  the  Inspector  of  Buildings  shall  advertise  for  ibid, s. 6. 
i)ropo8als  to  construct  new  buildings  or  repair  any  old  build-  AdTertising  for 

proposals  to 

ings,  or  other  city  property,  he  is  hereby  directed  to  have  constructor  re- 
entered in  a  book,  kept  expressly  for  that  purpose,  all  pro- Record  of  pro- 
posals  received,  the  amount  of  each  bid  or  oflfer  made,  together  kept, 
with  the  name  of  the  bondsman  in  each  case  offered  as  se- 
curity for  the  faithful  performance  of  said  contract,  whicti 
record    shall  only  be  accessible  to  those  persons  who  have  Access  to  re- 
submitted proposals  as  above  provided,  to  members  of  the 
City  Council  and  to  the  Mayor. 

'2(i.     The   Inspector  of  Buildings,  with  the  Mayor's  ap-ibid,s.7. 
proval,  is    hereby    authorized    and  empowered    to  grant   awheninspec- 

X  '  •'  *  tor  to  grant  per- 

permit  to  any  person  or  persons  applying  to  place  a  steam  ™j^fj°'„f«*^^ 
boiler  or  steam  engine  and  boiler  in  his,  lier  or  their  premises,  ^°g>n««- 
or  to  erect  any  frame  shed,  bay-window,  telegraph  or  other  To^ere«n;ame^ 
poles,  signs,  sign-post,  awning  flap,  or  other  structures,  the  dows.'signs.&c. 
erection  of  which  is  prohibited  by  existing  ordinances,  or  to 
place  upon  the  canvas  overhanging  the  sides  and  eaves  of 
awning  frames,  such  figures  and  devices  as  may  indicate  the 
particular  business  conducted  by  the  applicants  for  said  per- 
mission ;  provided,  the  person  or  persons  applying  for  the  Proviso. 
same  shall  comply  with  the  provisions  of  this  ordinance  ; 
and  any  person  or  persons  placing  upon  his,  her  or  their 
premises  any  of  the  appliances  enumerated  in  this  section, 
except  steam  boilers,  without  having  first  obtained  a  permit  P-mUfrom 
for  the  same  from  the  Mayor,  shall  forfeit  and  pay,  for  every 


118  Buildings. 

Article  VII. — Ordinances. 


Penalties.  day  the  same  shall  remain  thereon,  the  sum  of  five  dollars  ; 
and  in  case  of  the  violation  of  this  section  by  the  erection 
of  a  steam  boiler,  shall  forfeit  and  pay  a  fine  of  ten  dollars 
per  day  for  each  and  every  day  the  same  shall  remain  without 
permit. 


27.     Before  any  such  permit  shall  be  granted,  a  written 


Ibid,  8.  8. 

No.  63,  June  38, 

'*■  application  shall  be  made  to  the  Inspector  of  Buildings  bv 

Written  appli-       ^  ^^  _  ^  b  ^ 

made" '"  ^^      ^^^  pcrsou  or  persous  desiring  the  same,  with  a  statement  of 
the  privilege  desired  ;    if  a  frame  shed,  its  desired  location 
and  dimensions,  with  the  name  of  the  street,  lane  or  alley, 
and  the  number  of  the  house  within  or  in  the  rear  of  which 
it  is  to  be  erected  ;  if  either  of  the  other  privileges  embraced 
in  the  preceding  section  of  this  ordinance,  a  full  description 
of  the  premises  in  or  on  which  it  is  to  be  placed,  used  or 
attached.     And  the  Inspector  of  Buildings  shall  require  the 
person  or  persons  making  said  application  to  have  inserted  at 
his,  her  or  their  own  expense,  in  one  or  two  of  the  daily  papers 
Notice  of  appli-  to  bc  by  him  designated,  lor  at  least  three  days,  a  notice  of 
said  application,  in  which  he  shall  name  a  day  and  hour  on 
which  he  will  be  in  his  office,  to  hear  and  determine  whether 
said   applications   should   or   should  not  be  granted ;    and 
To  consider  ap -  should  it  appear,  from  personal  examinatiun  by  the  said  In- 
picaion.         specter  of  Buildings,  that  the  same  should  be  granted,  and 
When  to  be      thcrc  being  no  serious  objection  filed  against  granting  the 
privilege  asked  for,  and  the  said  person  or  persons  applying 
shall  pay  to  the  Inspector  of  Buildings,  for  the  use  of  the 
city,  for  each  permit  to  place  on  his,  her  or  their  premises  a 
Cost  of  permits  stcam  boilcr,  or'  steam  engine  and  boiler,  the   sum  of  ten 
dollars  for  each  steam  boiler,  or  steam  engine  and  boiler, 
not  exceeding  ten-horse  power,  and  the  sum  of  fifteen  dollars 
if  exceeding  ten-horse  power  ;  for  frame  sheds,  one  cent  for 
each  square  foot  of  surface  occupied  by  said  shed  ;    and  for 
any  other  of  the  privileges  enumerated  in  the  preceding  sec- 
Exception,        tion  of  this  ordinance,  excepting  bay-windows  and  awning 


Buildings.  119 

Article  VII.— Ordinances. 


frames,  the  sum  of  two  dollars  eacli.  No  charge  shall  be 
made  for  permits  granted  to  any  one  for  the  erection  of  awn- 
ing frames. 

28.  No  permit  shall  be  granted  to  construct  a  bay-window,  iwd,  s.  g. 
except  on  condition  that  the  heiglit  of  the  lowest  part  there-  Bay  windows, 
of  shall  be  at  least  .eight  feet  above  the  footway,  unless  it  is 
proposed  to  construct  the  same  with  the  base  beginning  at 

the   pavement ;    nor   shall    it    project    more    than    one-fif-  how  to  be  con- 

,,.,,,  .  structed. 

teenth  part  ot  tlie  widtli  of  any  street,  nor  in  any  case  more 
than  four  feet  four  inches  beyond  the  building  line;  nor  shall 
any  bay-window  have  a  greater  length  than  twelve  feet ;  and 
if  the  same  shall  be  erected  at  the  side  of  a  house,  it  shall 
not  be  less  than  ten  feet  from  the  building  line  of  the  street 
on  which  the  house  sliall  front.  , 

29.  For  each   permit  to  erect  a  bay-window,  when  the  ibid.s.  i». 
same  shall  commence  at  the  pavement,  the  applicant  shall  cost  of  permit 

.to  erect  bay 

pay  the  sum  of  one  hundred  dollars  ;  and  for  each  permit  to  windows. 
construct  a  bay-window,  whose  base  shall  be  eight  feet  or 
more  above  the  pavement,  as  hereinbefore  provided,  the  ap- 
plicant shall  pay  the  sum  of  ten  dollars  for  each  story. 

30.  All  permits  gi-anted  for  the  erection  of  frame  slieds,  ibid,s.  n. 
telegraph  and  other  poles,  sign-posts,  signs,  awning-ilaps,  ptn-Dj^its  maybe 
figures,  and  other  structures,  except  bay-windows,  may  be 
revoked,  and  the  same  sliall  be  removed  after  sixty  days' 

notice  by  the  Mayor  ;    and  all  permits   granted  for  steam  Rj^^^^^^i^'' 
boilers  and  steam  engines  and  boilers  may  be  revoked,  and  M»yor. 
the  same  shall  be  removed  after  six  months'*  notice  by  the 


*The  appellee  was  tenant  and  occupant  of  premises  situate  on  McCiel- 
lan's  alley  in  Baltimore,  where  he  carried  on  the  box-making  business,  and 
in  1866  he  applied  to  the  Mayor  and  City  Council  for  permission,  which  was 
granted,  to  erect  and  use  a  steam  engine  on  tlie  premises,  for  the  purposes  ot 
his  business.  The  resolution  provided  that  the  engine  was  to  be  removed 
after  six  months'  notice  to  that  effect  from  the  Mayor.  In  1873  the  Mayor 
gave  the  notice,  which  the  appellee  refused  to  obey.  The  City  thereupon 
began  legal  proceedings  to  compel  the  removal  of  the  engine;  on  these  pro- 


120  Buildings. 

Article  VII. — Ordinances. 


Mayor  ;  and  any  person   or  persons  receiving  such   notice, 
who  shall  refuse  or  neglect  to  conform  to  the  requirements 
Fine.  of  the  Same,  shall  pay  a  fine  not  exceeding  one   hundred 

dollars,  and  a  further  fine  not  exceeding  fift}^  dollars  for 
every  day  such  refusal  or  neglect  shall  continue  from  the 
first.  , 

Ibid,  s.  1-2.  31.     If  any  person  or  persons  shall  erect  any  frame  shed 

Penalty  fur       of  larger  dimcusions  than  for  which  a  permit  may  have  been 

erecting  shrd 

lai-Ker  than  pel- granted,  he,  she,  or  they  shall  he  subject  to  a  penalty  of 
twenty-five  cents  per  square  foot,  for  each  square  foot  in  ex- 
cess of  the  number  granted,  to  be  recovered  as  other  fines 
and  forfeitures  are  recoverable. 

No.  17. April  v?5,      32.     The  Inspector  of  Buildings  is  hereby  authorized  and 

'74. 

Spouting  and     directed  to  compel  all  persons  owning  property,  or  agents  of 

gutters. 

the  same,  to  put  up  proper  spouting  and  gutters  to  all  build- 
ings claimed  by  them  within  the  city  limits,  and  to  keep  the 
same  in  proper  repair,  so  as  not  to  allow  the  water  to  leak 
from  or  flow  over  the  gutters  to  the  pavement  below  ;  and 

Notice.  for  any  violation  of  the  provisions  of  this  section,  after  ten 

days'  notice  from  the  Inspector  of  Buildings,  the  person  or 

Penalty.  persous  SO  ofifending  shall  forfeit  and  pay  a  penalty  of  ten 

dollars  ;  said  fine  to  be  collected  as  other  fines  are  recovera- 

ceedings  a  perpetual  injunction  was  laid,  and  the  city  appealed.  Held  by 
the  Court  ctf  Appeals,  June  38,  1878:  that,  it  was  inconsistent  for  the 
city  to  pass  an  ordinance  to  allow  a  nuisance  to  remain  six  months  after  the 
Mayor  had  determined  it  to  be  such;  that  a  stationary  steam  engine  is  not 
in  itself  a  nuisance  even  if  erected  and  used  in  the  midst  of  a  populous  city, 
unless  it  interfere  with  the  safety  or  convenience  of  the  public  in  the  use  of 
the  streets ;  that  there  is  no  proof  of  this,  nor  was  the  engine  used  in  any 
business  that  the  law  pronounces  offensive  or  noxious  ;  and  that,  in  fact,  the 
(jnly  reasons  given  for  the  attempted  removal  of  the  engine  are  its  liability 
to  explode  and  the  necessary  proximity  of  the  fire  of  its  boiler  to  combusti- 
ble materials,  the  danger  of  fires,  the  additional  insurance  risks  required  on 
neighboring  property,  and  the  fears  of  neighboring  owners.  The  court  held 
these  not  to  be  legal  reasons  for  its  removal,  and  affirmed  the  decree  below, 
laying  the  perpetual  injunction.     Mayor,  &c.  v.  Radecke. 


Buildings.  121 

Article  VII. — Ordinances. 


ble,  and  the  owners  of  all  permanent  and  stationary  awn- Gutters  and 

.J  11  .  1.  111  down  spouting 

ings  over  sidewalks,  not  extending  over  the  kerbstone,  are '" a^mngs. 
hereby  required  to  have  jitter  and  down  spouts  placed  to 
them  to  carry  the  water  to  the  gutter  of  the  streets. 

33.  If  any  ])er8on  or  persons  having  such  awnings  (as  no-,'^.  Apni 
described  in  the  preceding  section)  in  use,  or  if  those  who  Notice. 
may  hereafter  erect  such  awnings,  shall  fail  to  comply  with 

the  provisions  of  the  preceding  section,  on  reasonable  notice 
from  the  Inspector  of  Buildings,  said  person  or  persons  shall 
forfeit  and  pay  a  penalty  of  one  dollar  for  each  day  he,  she.  Penalty, 
or  they  may  refuse  or  neglect,  after  said  notice,  to  have  such 
gutters  and  down  sj)out8  placed  as  herein  described  ;  said 
fines  to  be  collected  as  other  fines  are  recoverable. 

34.  Permission  is  granted  to  any  proprietor  or  proprie- Res.  no.  si i, 
tors  of  any  business  place  in  this  city  to  put  up  lettered  flaps  Lettered  flaps 

_         _  on  awnings 

on  awnings,  and  to  letter  any  posts  or  tree-boxes  in  front  of  Lettering  posts 

,  or  tree  boxes. 

their  premises,  with  the  condition  that  the  awning-flaps  shall 
be  at  least  eight  feet  from  the  pavement,  and  shall  be  re- 
moved at  thirty  days'  notice  from  the  Mayor. 

35.  No  person  or  persons  shall  set  up  any  pent-house,  no.  sa.s.  i6,r. 
shed  or  wooden  awning,  in  any  of  the  streets,  lanes  or  alleys  Pent  houses 

'-'  _  and  awnings 

of  the  city,  or  shall  set  up  or  fix  an  awning  of  canvas,  linen  reguuted. 
or  other  cloth,  the  railing  of  which  shall  not  be  at  least  eight 
feet  from  the  pavement,  under  a  penalty  of  five  dollars,  and  Penalty. 
one  dollar  per  day  until  the  same  is  removed. 

36.  It  shall  be  unlawful  for  any  person  or  persons  to  set  no  13,  Mar.  12, 
up  or  suspend  over  or  into  any  street,  lane  or  alley  ot  the  signposts. fig- 

r  r  ,/  '  yygy  (,,.  devices. 

city,  any  sign  post,  sign,  figure  or  device  whatever,  more 
than  two  feet  from  the  side  of  said  street,  lane  or  alley,  and 
one  foot  additional  for  each  story  above  the  first  from  which 
the  same  may  be  set  up  or  suspended  ;  provided  that  in  no  Prorisos. 
case  shall  any  such  sign  post,  sign,  figure  or  device  be  permitted 
to  extend  over  more  than  one-third  of  the  side  Avalk  on  the 


122  Buildings. 

Article  VII. — Ordinances. 


first  story  ;  and  every  person  offending  in  either  case  shall 
Fine.  forfeit  and  pay  the  sum  of  five  dollars,  and  one  dollar  for 

each  and  every  day  the  same  shall  remain  thereafter  ;  pro- 
When innkeep- vided,   howcvcr,   that  any  innkeeper,  hy  T)ermission  of  the 

er  exempted. 

Inspector  of  Buildings,  with  the  approbation  of  the  Mayor, 
may  be  exempted  from  the  penalties  of  this  ordinance,  so  far 
as  respects  signs  and  sign  posts. 

No.  45, s.i,  37.     It  shall  be  the  duty  of  the  owner  or  occupant  of  each 

April  19, '/6.  .       .  ^    . 

Howhoi8tway  and  cvcry  warehouse,  or  other  building  in  the  City  of  Bal- 

to  be  enclosed.       .  .,.,,.,.  ,  .,. 

timore  in  which  there  is  a  hoistway,  to  cause  the  said  hoist- 
way  on  each  story  of  said  warehouse  or  other  building  to  be 
enclosed  by  a  good  and  sufficient  railing,  three  feet  in  height, 
around  the  opening  thereof;  and  it  sball  be  the  further  duty 
of  the  owner  or  occupant  of  such  warehouse  or  other  build- 
ing to  cause  said  railing  to  be  securely  fastened  up,  on  the 
completion  of  the  day's  business  of  each  day,  in  such  ware- 
house or  building,  and  for  every  violation  of  the  provisions 
of  this  section,  the  owner  or  owners,  occupant  or  occupants 
Penalty.  thcrcof,  shall  pay  a  fine  of  fifty  dollars,  to  be  recovered  as 

other  fines  for  violating  city  ordinances  are  recoverable  ; 
provided,  that  the  penalty  hereby  imposed  shall  be  against 
the  occupant  of  said  warehouse  or  other  building,  whether 
the  owner  thereof  or  otherwise,  and  if  unoccupied,  the  said 
penalty  shall  be  against  the  owner  or  owners  thereof. 

Ibid,  8. 2.  38.     It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 

Inspector  of      cxaminc  all  buildings  in  which  hoistways  are  used,  and  to 

Buildings  to  ....    . 

Bive  notice  to     give  uotico  in  Writing  to  the  owner  or  owners,  occupant  or 

owners  or  occu-  '  i 

?ngsf  ""^ ''"''''"  occupants  thereof,  requiring  them  to  comply  with  the  pro- 
visions of  the  preceding  section,  within  ten  days  after  the 
service  of  said  notice,  or  be  subject  to  the  penalty  imposed 
hereby. 

Ibid,  g.  3.  39.     It  shall  not  be  lawful  for  any  person  or  jKU'sons  to 

Construction  of  coustruct  any  hoistway    in    any    building    hereafter    to    be 

hoistways,  i  i  i  "^ 

erected,  unless  the  same  shall  be  enclosed  in   the  manner 


Buildings.  123 

Article  VII.— Ordinances. 


provided  for  in  section  37  hereof,  under  a  penalty  of  fifty  penalty. 
dollars,  to  be  recovered  as  other  fines  are  recoverable. 


40.  The  City  Commissioner  and  the  Inspector  of  Build- no.  70,  June  12 
ings  are  authorized  and  directed  to  have  placed  lightning  cuy  commis- 

t      1      '  1  1'      1      •  sioner  and  In- 

rods  of  the  most  improved  design  on  the  public  buildings  si'ectorot 
owned  by  the  corporation  of  Baltimore  City,  wherever  in  ro'dTpifced'on 
their  judgment  the   same   may  be  deemed   expedient  and  fngs."^ ''"'''*" 
necessary  ;  the  expense  of  the  same  to  be  taken  out  of  any 
unappropriated  money  in  the  city  treasury. 

PARTY  WALLS  AND  PARTITION  FENCES. 

41.  Where  party  walls  or  partition  fences  have  been,  or  no. 53, r.o. 
shall  hereafter  be  erected,  in  a  good  and  substantial  manner,  use  of  party 

walls,  &c. 

by  any  person  or  persons  within  the  city,  any  person  or  per- 
sons who  shall  make  use  of,  or  derive  advantage  from  such 
pacty  wall  or  partition  fence,  shall  pay  the  original  proprie- 
tor or  proprietors  one-half  part  of  the  value  of  such  party 
wall  or  partition  fence,  at  the  time  he,  she  or  they  shall 
make  use  thereof,  or  derive  advantage  therefrom  ;  provided,  Provisos. 
that  no  jjerson  shall  have  power  under  this  ordinance  to 
demand  more  than  one-half  the  expense  of  a  nine  inch  brick 
wall,  for  any  building  not  exceeding  two  stories  high,  nor 
more  than  one-half  the  expense  of  any  fourteen  inch  brick 
wall,  for  any  other  building  whatever  ;  and  provided  also, 
that  the  cost  of  any  fence  shall  not  exceed  three  dollars  for 
every  ten  feet  running  rneasure. 

42.  The  Inspector  of  Buildings  is  hereby  authorized  and  No.u.Aprii 
directed,  when  called  on  by  any  one  requiring  his  attendance,  J^n^spectorof^ 
to  regulate  all  party  or  partition  walls  or  fences  within  the  '^It&r''' 
corporate  limits  of  the  City  of  Baltimore,  in  such  manner  as 

may,  in  his  judgment,  be  most  likely  to  promote  equal  jus- 
tice between  the  parties  concerned  ;  and  he  shall  immediately  Return  to  Keg- 
thereafter  make  return  of  every  such  proceeding  under  his 


124 


Buildings. 


Article  VII. — Ordinances. 


hand  and  seal,  to  the  Register,  to  be  recorded  and  kept  with 
every  paper  and  voucher  relating  thereto  ;  and  before,  in 
any  case,  the  said  Inspector  of  Buildings  shall  hold  a  meet- 
ing to  regulate  any  party  or  partition  wall  or  fence  within 
the  corporate  limits  as  aforesaid,  he  shall  first  give  at  least 
Notice.  four  days'  notice  in  at  least  two  of  the  daily  newspapers  of 

said  city  of  the  same,  stating  the  time,  place,  and  object  of 
such  meeting. 


No.  17,  April 
25,  '74. 

Evidence. 


43.  Before  the  said  Inspector  of  Buildings  regulate  any 
party  or  partition  wall  or  fence  as  aforesaid,  he  shall  obtain 
the  best  evidence  on  oath  or  affirmation  the  case  will  admit 

To  be  certified  of,  a  Statement  of  which  evidence,  with  every  vouclier  and 
paper  relating  thereto,  he  shall  return  in  his  certificate  afore- 
said, to  be  recorded  as  aforesaid  ;  and  the  said  Inspector  of 

Fees.  Buildings  shall  receive,  for  the  use  of  the  city,  from  the 

person  or  persons  requiring  his  services,  the  sum  of  two  dol- 
lars for  each  and  every  day  he  shall  attend. 


No.  100,  s.  1, 
Not.  1,  '73. 
Thickness  of 
party  or  parti- 
tion walls. 


44.  It  shall  not  be  lawful  for  any  person  or  persons  to 
erect,  within  the  corporate  limits  of  the  City  of  Baltimore, 
any  party  or  partition  wall  of  a  less  thickness  than  nine 
inches  between  buildings  of  over  thirteen  feet  front ;  pro- 
vided, that  the  gable  wall  of  the  adjoining  house,  should 
there  be  any,  .maybe  taken  in  its  extent  as  part  of  the 
division  wall,  and  a  compliance  with  the  law,  if  the  said 
wall  be  of  the  minimum  thickness. 


Ibid,  s.  2.  45.     If  any  perspn  or  persons  shall  erect  any  party  or  par- 

Duty  of  inspeo- tition   wall  of   a   less  thickness   than   nine  inches   between 

tor  of  Public 

Buildings.  houses  of  more  than  thirteen  feet  front,  the  Inspector  of 
Public  Buildings  shall  at  once,  upon  being  advised  thereof, 
notify  such  person  to  remove  the  same,  and  the  person  or 

Penalty.  pcrsous  SO  violating  sball  be  subject  to  a  fine  of  twenty  dol- 

lars for  each  offence,  and  also  the  further  sum  of  twenty  dol- 


Buildings.  125 

Article  VII. — Ordinances. 


lars  for  each  and  every  month  such  violation  shall  he  con- 
tinued, said    fine   to   he   collected   as   other   fines   are   col- 


lectable. 


Note. — A  division  wall  may  become  a  party  wall  by  agreement,  either 
actual  or  presumed  ;  and  although  such  wall  may  have  been  built  exclusive- 
ly upon  the  land  of  one,  if  it  has  been  used  and  enjoyed  in  comm  on  by  the 
owner  of  both  houses  for  a  period  of  twenty  years,  the  law  will  presume  in 
the  absence  of  evidence  showing  that  such  use  and  enjoyment  was  permis- 
sive, that  the  wall  is  a  party  wall.  In  such  cases  tlie  law  presumes  an  agree- 
ment between  the  adjacent  owners,  that  the  wall  shall  be  held  and  enjoyed 
as  the  common  property  of  both. 

An  action  was  brought  to  recover  damages  for  injuries  done  to  the  plaint- 
iff's house  by  the  careless  and  negligent  manner  in  which  the  house  of  the 
defendant,  next  adjoining,  was  improved,  and  for  the  direct  losses  consequent 
upon  such  injuries  sustained  by  the  plaintitf  in  his  trade  and  busine.ss.  The 
plaintift"'s  house  was  injured  by  the  partial  falling  in  of  the  division  wall 
between  the  two  houses;  and  this  was  caused  by  digging  too  near  the  wall 
for  the  purpose  of  deepening  the  cellar  under  the  defendant's  house. 

No  notice  was  given  by  the  defendant  of  his  intention  to  deepen  the  cel- 
lar, and  evidence  was  offered  to  show  that  the  excavation  was  done  in  a 
careless  and  negligent  manner.  Evidence  was  also  offered  to  show  that  the 
business  of  tlie  plaintiff,  who  kept  an  ice  cream  saloon  and  made  cakes  and 
other  articles  in  that  line,  was  interrupted  for  several  days;  held  that  the 
plaintiff  was  entitled  to  recover  such  damages  as  would  be  sufficient  to  re- 
instate the  wall  and  the  hou.se  in  as  good  condition  as  they  were  prior  to  the 
injury,  and  to  compensate  him  for  the  loss  consequent  upon  the  interruption 
of  his  business.    Brown  &  Otto  v.  Werner,  40  Md.  15. 

An  agreement  authorizing  a  party  wall  to  be  raised  and  continued  in  a 
straight  line  with  the  present  division  wall  does  not  give  permission  or 
privilege  either  to  pull  down  such  party  wall,  or  to  diminish  the  area  of  the 
adjoining  building.     Bauyfier  v.  Wil/cins,  Ex'rs,  16  Md.  35. 


126 


Carriages,  Horses,  Boats  and  Scows. 


Article  VIII. 


ARTICLE  YIII. 


CARRIAGES,  HORSES,  BOATS  AND  SCOWS. 


STATUTES 


1.  Hackney  coaches,  draymen,  &c., 

to  be  licensed  and  regulated. 

2.  What  a  hackney  coach. 

3.  Breadth  of  wheels  of  wagons, 

carts  and  drays. 

4.  Police  Commissioners  to  fix  rates 

of  fare :  proviso. 

5.  Number  to  be  placed  on  carriages: 

rates  of  fare  to  be  placed  inside. 

6.  Penalty    for    charging    higher 

rates,  &c. 

7.  For  refusing  number :  for  refus- 

ing to  give  correct  rates:  for 
misconveying  or  insulting  pas- 
sengers. 


8.  When  special   licenses  may  be 

granted. 

9.  Penalty  in  cases  of  special  licen- 

ses. 

10.  (Statement  to  be  made  by  appli- 

cant for  special  license. 

11.  Penalties:  how  recovered. 

12.  Right  of  appeal. 

13.  Penalties:  how  appropriated. 

LIEN   OP   LIVERY   STABLE   KEEPERS. 

14.  For  charges. 

15.  How  sale  to  be  made. 

16.  Account  to  be  stated  :  proviso. 


ORDINANCES 


1.    Carriages  to  keep  to  the  right: 

penalty. 
3.    Not  to  enter  narrow  streets  when 

occupied :  penalty. 

3.  Drivers  to  hold  reins :  immoder- 

ate gait  prohibited:  horses, 
&c.,  not  to  be  turned  loose : 
drivers  to  hold,  or  to  be  within 
reach  of  bridle :  not  to  drive 
or  place  cart,  dray,  &c.,  over 
footways:  proviso. 

4.  Carriages  of  burden  not  to  go 

faster  than  a  walk. 

5.  No  person  to  ride  or  drive  over 

bridges  faster  than  a  walk. 


6.  Penalty  for  omnibuses  passing 

each  other. 

7.  Penalty  for  racing. 

8.  Express  riding  regulated. 

9.  Riding  and  driving  regulated. 

10.  Sleighs,  &c.,  to  have  bells. 

11.  Drays  regulated. 

12.  Mayor  to  regulate  car  stands: 

proviso. 

13.  Carriages  of  pleasure  regulated. 

14.  Duty     of     drivers     occupying 

stands :   not  to  seek   employ- 
ment on  the  sabbath. 


Caeeiages,  Hoeses,  Boats  and  Scows. 


127 


Article  VIII. — Statutes. 


15. 


16. 


17 


18. 


Vehicles  remaining  in  the  streets 
over  night :  proviso :  sabbatli 
(lay. 

Wagons,  &c.,  not  to  stand  on 
streets  on  the  sabbath :  excep- 
tion. 

Passenger  railway  cars  not  to  be 
obstructed :  fine. 

Cracking  of  whips  prohibited. 

19.  Wagons,  &c.,  not  to  stand  across 

streets:  proviso. 

20.  Nor  stand  across  flag  slones,  &c. 

21.  Not  to  obstruct  approach  tfj  any 

place,  except  at  market  on 
market  days :  penalty. 

22.  Wagons,  carts,  &c.,  not  to  re- 

main longer  than  two  hours, 
when  not  in  actual  use:  ex- 
ception :  penalty. 

Distance  between  vehicles  in 
driving :  penalty  :  proviso  : 
funerals. 

Penalty  for  riding  or  driving 
across  the  line  of  funerals. 

Taking  or  removing  vehicles, 
&c.  without  owner's  permission. 

"LICENSES  AND  NUMBERS. 


31. 

32. 
33. 

84. 


35. 


36. 


37. 


Numbers  of  any  design  nixiy  be 
used :  proviso. 

Rate  of  license. 

Penalty  for  false  entry  or  change 
of  numbers. 

Carriages  not  to  be  used  for  hire 
without  being  licensed  and 
numbered. 

Number  corresponding  with  li- 
cense only  to  be  used. 

Register  to  give  notice. 

RULES. 

Penalty  for  violating  rules,  &c. 


23 


24. 


26.  When    Mayor    shall    withdraw     45 

licenses. 

27.  Comptroller's  powers. 

28.  Hacks,  &c.,    to   be    numbered: 

owner    to    take    out    license : 
penalty. 

29.  Licenses,  when  to  terminate  and 

be  renewed. 

30.  Register  to  provide  numbers,  &c.: 

where  numbers  to  be  placed. 


LIVERY,  HIRING  AND   SALE   STABLES. 

38.  Buildings:  permit. 

39.  Publication. 

40.  Forfeiture. 

STANDS  FOR  CARRIAGES,  CARTS,  &C. 

41.  Hacks  not  to  stand  on  certain 

parts  of  Charles  street. 

42.  Carriages  on  Bowly's  wharf  and 

Light  street  regulated. 

43.  Mayor  to  designate  stands  for 

carriages,     &c.,     on     certain 
streets:  proviso. 

44.  Horses,  wagons,  &c.,  not  to  oc- 

cupy certain  streets. 
What  carts,  &c.,  excepted  :  pro- 
visos. 

46.  Conditions. 

47.  Carts,  &c.,  not  used  to  sell  from, 
to  be  removed :  penalty. 

48.  Wood  carts  on  Camden  street. 

49.  Furniture  wagons  on  German  St. 

50.  Hacks,  &c.,  in  Monument  square: 
rows  of  hacks  around  Battle 
Monument :  penalty. 


STATUTES . 

1.     The  Mayor  and  City  Council  have  power  to  license  and  p^^l.^l^, art.  4. 
regulate  hackney  coaches,  or  other  carriages  kept  for  hire  and  "-^^J-^y.^y. 
employed  within  the  city,  and  also  draymen,  wagoners,  carters,  J"^'^^-^;,^^-^^  ^« 
porters  and  watermen,  residing  and  employed  within  the  said  regulated. 


128  Cabriages,  Horses,  Boats  and  Soows. 

Article  VIII.— Statutes. 

city,  with  power  to  make  all  necessary  regulations  respecting 
•  the  same.* 

Ibid,  sec.  139.         2.     Every  carriage,  coach,  or  other  vehicle  moved  by  horses 
What  a  back-     or  othcr  animal  power  which  shall  be  used  for  the  conveyance 
neycar       .     ^^.  pgj,gQjjg  ^ifbiu  the  City  of  Baltimore  for  hire  or  compensa- 
tion, shall  be  deemed  a  hackney  carriage. 

Ibid,  sec.  863.  3.  The  Mayor  and  City  Council  may  regulate  the  breadth 
BreadUi  of  of  the  wlicols  of  wagous,  carts  and  drays,  to  be  used  for  haul- 
wagons,  carts    insj  burdens  on  the  streets  of  said  city,  not  to  aflect  persons 

anil  drays.  "    _  •"  » 

hauling  produce  to  the  said  city. 

1865,  c.  90.  4.     The  Board  of  Police  Commissioners  of  the  City  of  Bal- 

Poiice commis-  tinn)re  sliall  determine  and  fix  the  rate  of  faref  to  be  charged 

sioners  to  tix        .  ,  /»   i        i  ■  .  •  i        •  i 

rates  of  fare.  Dy  tlic  owucrs  01  hackucy  carnages  in  said  city,  and  every 
owner  of  a  hackney  carriage,  who  shall  have  obtained  a  license 
therefor,  as  required  by  the  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  shall  be  authorized  and  entitled,  during 

*  For  law  authorizing  Mayor  to  regulate  the  sale  of  horses  and  carriages 
at  auctions,  and  their  riding  and  driving,  see  sec.  27,  p.  98. 

fThe  rates  of  fare  fixed  by  the  Police  Commissioners  are  as  follows : 

Steamboats  and  Railroad  Stations. — To  or  from  any  steamboat  or  railroad 
station,  to  any  hotel  or  private  house  in  any  part  of  the  city — one  passenger, 
75  cts.;  for  each  additional  passenger,  25  cts.;  for  each  trunk,  box  or  bag, 
sufficiently  large  to  be  strapped  on,  15  cts.;  no  charge  for  small  parcels  put 
in  the  carriage. 

City. — From  any  one  point  within  the  city  limits  to  another — one  passen- 
ger, 75  cts.;  for  each  additional  passenger,  25  cts. 

Time.— FoT  one  hour,  |1.50;  for  each  additional  hour,  $1.00!  Same  rates 
for  all  fractions  of  an  hour,  but  no  charge  for  less  than  a  quarter  of  an  hour. 

Evening  and  Mght.— For  hacks  taken  from  the  stand  to  any  part  of  the 
city,  as  follows :  From  1st  May  to  30th  September,  inclusive,  after  8  o'clock 
P.  M.,  for  a  single  passenger,  75  cts.;  if  more  than  one,  each  50  cts.;  like  sum 
for  returning.  From  the  1st  October  to  30th  April,  inclusive,  after  7  o'clock 
P.  M.,  the  same.    No  charge  for  baggage. 

General  Rules. — 1.  An  additional  allowance  for  carriage  only  when  sent 
from  stand,  25  cts.  2.  Children  over  ten  years,  half  price ;  under  ten,  no 
charge.    3.  The  police  force  are  strictly  enjoined  to  enforce  these  rules. 


Carriages,  Horses,  Boats  and  Scows.  129 

Article  VIII.— Statutes. 

the  time  in  such  license  specified,  to  ask,  charge  and  receive  as 
a  compensation  from  every  person  using  the  same,  the  rates  of 
fare  and  compensation,  and  hire  prescribed  bj  the  said  Board 
of  Police  Commissioners,  and  no  more ;  provided,  that  the  Proviso. 
provisions  of  this  section  shall  not  apply  to  the  owners  of 
hackney  carriages  who  conduct  their  business  exclusively  at 
their  respective  stables. 

5.  The  owner  of  every  licensed  hackney  carriage,  other '8>>''.  c.  90. 
than  those  excepted  in  the  preceding  section,  before  he  shall  Number  to  be 

r  r  o  '  placed  on  car- 

be  entitled  to  charge,  ask  or  receive  any  hire  or  compensation  '^'^s^- 
for  the  use  tliereof,  shall  cause  the  number  of  such  carriage, 
as  stated  in  his  license,  in  plain  and  easily  legible  figures,  at 
least  two  inches  in  length,  to  be  painted  or  otherwise  deline- 
ated in  conspicuous  places  on  each  side  of  such  carriage,  both 
within  and  without,  and  shall  also  keep  in  at  least  two  conspic- 
uous positions  in  the  interior  of  such  carriage  a  copy  of  the  ^^»[f,«jj/f^«  *° 
rates  of  fare  or  charges  prescribed    by  the   Board   of  Police  side. 
Commissioners,  as  aforesaid,  printed  on   a  white  paper  card, 
with  black  ink,  by  types  of  a  size  not  less  than  long  primer,  so 
that  the  same  may  be  conveniently  seen,  and  read,  in  the  day 
time  by  any  person  who  may  be  a  passenger  in  said  carriage. 

6.  Every  owner  of  a  hackney  carriage  licensed  as  aforesaid,  p^^l  ^l  ,  art. 4, 
for  the  use  of  which  any  higher  or  greater  rate  of  fare  shall  P^^^^yjl\^^^^ 
be  asked  and  received  by  any  driver  or  other  person  having  rates,  &c. 
care  of  such  carriage  than  what  is  prescribed   by  this  article, 

or  who  shall  omit  or  neglect  to  comply  with  the  directions 
herein  contained,  shall  incur  a  penalty  of  ten  dollars;  every 
continuance  of  an  omission  to  comply  with  the  provisions 
herein  contained  for  one  day  after  any  prosecution  therefor 
being  taken  as  a  distinct  offence. 

7.  Every  driver  of  any  licensed  hackney  carriage  who  shall  ibid,  sec.  145. 
ask  and   receive   any  greater  hire,  or  other  compensation  in  P^enaUy^f"^^'e; 
money  or  other  valuable  articles,  for  the  use  of  such  carriage, 


130  Careiaqes,  Horses,  Boats  and  Scows. 


Article  VIII. — Statutes. 


For  refusing  to  Or  the  coDveyaiice  of  any  persons  or  baggage  therein,  than  is 
rates;  for  mis-   prescribed  in  this  article,  or  who  shall  refuse  or  omit  when  re- 

conveying  or        -T^  ' 

sengers.^  ^^^'  ^uircd  to  inform  any  person  using  such  carriage  or  applying 
for  the  use  of  it,  of  the  true  number  thereof,  or  the  correct 
amount  of  the  rates  of  fare  authorized  to  be  charged  for  the 
use  of  it,  or  who  shall  wilfully  mislead,  or  misconvey,  or  insult, 
by  abusive  or  indecent  and  opprobrious  language,  any  passen- 
ger whom  he  shall  have  had  in  his  care  for  conveyance  in  the 
carriage  of  which  he  is  the  driver,  shall  for  every  such  offence 
incur  such  penalty,  not  exceeding  twenty  dollars,  as  shall  be 
adjudged  by  the  Mayor  of  the  said  city  or  any  justice  of  the 
peace  therein,  before  whom  complaint  shall  be  made  by  or  on 
behalf  of  the  party  injured. 

1865,  c.  90.  8.     The  proprietor  of  any  hackney  carriage  in  the  City  of 

When  special     Baltimore  who  docs  not  intend  to  go  upon  or  wse  the  public 

license  may  be  .  i      •  •   i  i      i        i 

granted.  .  stauds  in  Said  City,  With  such  hackney  carriages,  shall  at  the 
time  of  applying  for  a  license  for  the  same  as  required  by  the 
present,  or  any  future  ordinances  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  signify  in  writing  such  intentions,  and  there- 
upon a  special  license  may  and  shall  be  granted  to  such  proprie- 
tors, by  the  Comptroller,  or  other  proper  officer  of  said  city ;  and 
for  every  special  license  thus  granted,  there  shall  be  paid  such 
sum  as  is  now  or  shall  hereafter  become  payable  for  other 
hackney  carriages  by  the  present  or  future  ordinances  of  said 
city. 

1865,  c.  90.  9.     No   hackney  carriages   which  shall    be    thus  specially 

Penalty  incases  liccnscd,  shall   make  usc  of  Or  go  upon  or  stand  or  wait  for 

of  special  li-  /.i  it  t         ^       •  ^     -i 

censes.  employment  at  any  oi   the   public  stands  designated    by  or 

under  the  present  or  any  future  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore,  or  at  any  other  place  or  places  in 
said  city,  except  the  premises  of  the  owner  thereof,  under  a 
penalty  of  twenty  dollars  for  every  such  offence,  one-half  to 
be  paid  to  the  informer,  to  be  recovered  against  either  the  owner 
or  driver  thereof,  as  fines  of  a  like  amount  are  now  recovered. 


Careiaqes,  H0E8E8,  Boats  and  Soowb.  131 

Article  VIII.— Statutes. 

10.  Each  and  every  proprietor  of  hackney  carriages  shall,  i«65,c.  90. 

at  the  time  when  he  applies  for  a  special   license,  or  any  re-  statement  to  be 

made  by  appli- 

newal  thereof,  furnish  the  Comptroller  or  other  proper  officer '^^nt 'or  special 

*  '        '  license. 

of  the  City  of  Baltimore  with  a  correct  statement  of  the  num- 
ber of  hackney  carriages  used  by  him,  and  such  owner  when- 
ever he  shall  have  increased  the  number  of  such  hackney  car- 
riages, shall  report  such  increase  to  the  Comptroller,  or  other 
proper  officer  of  said  city,  and  every  person  violating  any  of  ^*'**"y- 
the  provisions  of  this  section  shall  forfeit  his  license,  and  be 
liable  to  a  penalty  of  ten  dollars. 

11.  All  penalties  which  shall  be  incurred  under  this  law,  or  p.  l.  l.,  Art.  4, 

sec.  14fi ;    I8ti5, 

for  the  breach  of  any  ot  its  provisions,  may  be  recovered  by  c.so. 
warrant  issued  in  the  name  of  the  State,  in  the  same  manner  Penalties, how 

.  ,  recovered. 

as  debts  within  said  city  are  recoverable,  with  the  right  of  ap- 
peal to  the  Baltimore  City  Court. 

12.  On  the  trial  of  such   appeal,  the  party  of  whom  the  Right  of  appeal. 
penalty  is  claimed  shall  be  entitled  to  a  jury  trial ;  but  there 

shall  be  no  stay  of  execution  of  any  judgment  appealed  from, 
unless  the  party  appealing  shall  give  bond,  with  security  ap- 
proved by  the  officer  rendering  such  judgment  and  conditioned 
that  the  party  appealing  shall  prosecute  the  appeal  with  effect, 
and  obey,  perform  and  pay  such  judgment  as  shall  be  ren- 
dered by  the  Baltimore  City  Court,  on  the  trial  of  said  appeal. 

13.  All  penalties  which  shall  be  recovered  for  the  breach  of  ibid,  sec.  us  -, 

^  .  1865,  c.  90. 

any  of  the  provisions  of  this  law,  shall  be  appropriated  one-hair  penalties,  how 

appropriated. 

to  the  use  of  the  two  dispensaries*  in  the  City  of  Baltimore,  to 
be  equally  divided  betwen  them,  and  the  other  half  to  the  use 
of  the  informer,  whose  name  shall  be  endorsed  on  the  warrant 
issued  for  the  recovery  of  each  respective  penalty. 


*The  two  dispensaries  here  referred  to  are  the  General  Dispensary,  incor- 
porated by  Act  of  1807,  c.  110,  amended  by  Act  of  1872,  c.  452,  and  the 
Second  Dispensary  incorporated  by  Act  of  1817,  c.  211. 


132 


Carriages,  Horses.  Boats  and  Scows, 


Article  VIII. — Ordinances. 


LIEN  OF  LIVERY  STABLE  KEEPERS. 

i865,c.  163, s.i.      14.     It  shall  be  lawful  for  any  livery  stable  keeper  to  retain 
Lien  of  livery    in  his  custody,  any  horse,  mare  or  geldinff,  placed   under  his 

stable  keeper  d  ^  .         n       i  n 

for  charges.  care  for  livery,  and  also  any  vehicle  until  all  charges  lor  so 
keeping  shall  have  been  paid  by  the  owner  or  owners  thereof. 

Ibid,  s.  2.  15.     It   shall    and   may    be   lawful    for  &uch   livery    stable 

How  sale  may  keeper  to  Sell  any  such  horse,  mare  or  gelding,  or  vehicle,  at 
public  auction,  in  the  city  of  Baltimore,  after  giving  at  least 
twenty  days'  notice  in  two  of  the  daily  newspapers  published 
in  the  city  of  Baltimore,  of  the  time,  place  and  manner  of 
sale,  and  after  deducting  the  amount  due  for  keeping,  together 
with  all  expenses  of  said  sale,  to  return  the  surplus,  if  any,  to 
the  owner  of  such  horse,  mare  or  gelding,  or  vehicle. 

Ibid,  s.  3.  16.     Before  proceeding  as  above,  it  shall  be  necessary  for 

Account  to  be  such  livery  stable  keeper  to  state  any  account  for  the  keeping 
of  such  horse,  mare  or  gelding,  or  vehicle,  and  prove  the  same 
before  a  justice  of  the  peace  for  the  city  of  Baltimore,  who 
upon  being  satisfied  by  proof  of  demand  and  refusal  or  neglect 
to  pay  on  the  part  of  the  owner,  shall  thereupon  issue  his  war- 
rant authorizing  such  sale  as  aforesaid ;  provided,  that  the 
proprietors  of  such  livery  stables  shall  set  up  on  their  premises, 
in  some  conspicuous  place,  a  copy  of  the  aforegoing  two  sec- 
tions, printed  in  large  type,  and  his  rates  of  livery. 


stated. 


Proviso. 


No.  32,  s.  1,  R. 
O. 

Carriages  to 
keep  to  the 
right. 


ORDINANCES  . 

1.  The  drivers  of  all  carriages,  of  burden  or  pleasure, 
driving  or  passing  through  the  streets,  lanes  or  alleys  of  the 
city,  where  there  is  room  sufficient  for  two  to  pass,  shall  keep 
on  that  side  of  the  street,  lane  or  alley,  on  their  right  hand 
respectively ;  and  if  any  driver  of  a  carriage  shall  drive  his 
carriage  in  the  middle  of  the  street,  or  on  the  side  of  the 
way  on  his  left  hand,  so  as  to  prevent  or  obstruct  another  car- 


Caeriages,  Horses,  Boats  and  Scows.  133 

Article  VIII. — Ordinances. 

riage  from  passing  as  aforesaid,  every  driver  so  offending,  sball 
forfeit  and  pay  for  every  snch  offence  a  sum  not  exceeding  five  Penalty, 
dollars. 

2.  Whenever  any  carriage  shall  have  entered  any  street,  iwd,  s.  2. 
lane  or  alley  in  the  city,  where  there  is  not  room  sufficient  for  Not  to  enter 

narrow  streets 

two  carriages  to  pass,  no  other  carriage  shall   enter  the  said '^^e'l  °<=cupied. 
street,  lane  or  alley  in  the  opposite  direction,  but  shall  remain 
in  an  adjacent  street,  until  the  first  shall,  with  all  diligence, 
have  passed  through ;  and  if  any  driver  or  other  person  shall 
offend  in  such  case,  he  shall   forfeit  and  pay,  for  every  such  Penalty, 
offence,  a  sum  not  exceeding  five  dollars. 

3.  No  person  shall  sit  or  stand  in  or  upon  any  carriage,  or  iwd,  s.  3. 
any  horse  or  beast  harnessed   thereto,  in  order  to  drive  the  Drivers  to  hold 
same,  unless  he  shall  liave  strong  reins  or  lines  fastened  to  the 

bridle  of  his  beasts  and  held  in  his  hands,  sufficient  to  guide 
and  restrain  them;  and  no  person  driving  any  carriage,  or 
riding  any  horse,  mare,  gelding  or  other  beast  in  or  through 
the  said  city,  shall  permit  or  suffer  the  beast  or  beasts,  he  shall  immoderate 

...  gait  prohibited. 

SO  ride  or  drive,  to  go  at  an  immoderate  gait;  and  no  person 

shall  turn  any  horse,  mare  or  gelding  loose  within  the  city,  or  Horses, &c.,  not 

,_.-  ,  ,  x>iUj.i.      to  be  turned 

drive  such  horse,  mare  or  gelding  loose  through  any  ot  the  streets,  loose. 

lanes  or  alleys  of  the  said  city;  and  all  porters,  carters  and 

other  persons  having  the  care  of  any  carriage  who  shall  not 

hold  reins  in  their  hands  to  guide  or  restrain  their  beasts,  shall  Drivers  to  hold 

"  or  be  within 

walk    by  the  head  of  the   shaft   or  wheel-horse,  holding,  or  reach  of  biidie. 

within  reach  of  the  bridle  or  halter  of  the  said  horse ;  and  no 

person  shall  drive,  lead  or  place  any  horse  or  beast  of  burden,  Notto  drive  or 

or  any  horse  attached  to  a  cart,  dray  or  other  carriage,  laden  |rayJ,lc.?over 

or  unladen,  on   any  of  the  footways*  of  the  city;  and   every 

person  offending  in  any  or  either  of  the  cases  aforesaid,  shall 

forfeit  and  pay  for  every  such  offence   a   sum    not   exceeding 

twenty  dollars  ;  provided,  that  nothing  herein  contained  shall  Proviso. 


*See  case  of  Boddy  v.  Finnegan,  43  Md.  492,  under  Art.  XXXVIII,  Police. 


184  Carriages,  Horses,  Boats  and  Scows. 


Article  VIII. — Ordinances. 


prevent  any  person  from  riding,  driving  or  leading  across  any 
of  the  footways  any  liorse  or  beast  of  burden,  into  or  out  of 
any  lot  or  tenement. 

Ibid,  s.  4.  4,     It  shall  not  be  lawful  for  any  wagon  of  burden,  cart  or 

Carriages  of      drav,  ladcu  or  unladen,  to  be  driven  through  any  paved  street, 

burden  not  to  «"  '  b  J    I  ' 

walk!**'*''*"'  lane  or  alley  within  this  city,  at  any  other  gait  than  a  walk, 
and  any  driver  offending  herein,  sliall  forfeit  and  pay  a  sum 
not  more  than  five  dollars  nor  less  than  two  dollars. 

Ibid,  8. 5.  5.     It  shall  not  be  lawful  for  any  person  to  ride  or  drive  any 

No  person  to      horsc  or  horscs  over  any  bridge  within  the  limits  of  the  city  at 

ride  or  drive  ./  o 

fa^s*ter*'tharra      ^"-^^  S^^^  Other  than  a  walk,  under  the  penalty  for   each   and 
walk.  every  offence  of  five  dollars. 

Ibid,  8. 6.  6.     Any  driver   of  any  omnibus  passing  or  attempting  to 

Penalty  for  om  pass  any  other  omnibus,  while  the  same  is  in   motion   at  the 

nibuses  passing 

each  other.  rate  of  four  milcs  per  hour,  shall  be  subjected  to  a  fine  of 
twenty  dollars. 

Ibid,  8. 7.  7.     Any  rider  of  any  horse,  mare  or  gelding,  and  any  driver 

Penalty  for       of  any  vchiclcs  engaged  in  any  contest  of  speed,  within  the 

limits  of  the  city,  shall  be  subjected  to  a  fine  of  twenty  dollars. 

Ibid,  8. 8.  8.     Any  rider  or  driver  of  any  express,  going  within  the 

Express  riding  limits  of  the  city,  at  a  rate  more  than  six  miles  per  hour,  shall 

regulated.  .  r  7 

be  subjected  to  a  fine  of  twenty  dollars. 

Ibid,  s. 9.  9.     Any  rider  of  any  horse,  mare,  gelding  or  mule,  and  any> 

Riding  and        driver  of  any  hack,  cab,  omnibus,  gig,  sulky,  carryall,  buggy 

driving  regu-  _  .  oo./ 

lated.  wagon,  stage  coach,  private  carriage,  or  any  carriage  of  plea- 

sure, or  carriage  of  any  description  other  than  those  mentioned 
in  the  fourth  section  of  this  ordinance,  going  or  moving  within 
the  limits  of  the  city,  at  a  rate  more  rapid  than  six  miles  an 
hour,  shall  be  subject  to  a  fine  of  five  dollars. 

ibid.s.  lu.;  10.     No  driver  of  a  carriage  going  upon   runners  or  rail 

Sleighs,  tc.  to  tracks  shall  pass  through  the  streets,  lanes  and   alleys  of  the 

have  bells.  . 

city,  unless  one  or  more  bell  or  bells  be  fixed  to  the  horse  or 


Carria»b8,  Horses,  Boats  and  Soows.  135 

Article  VIII. — Ordinances. 

horses  drawing  the  same,  under  a  penalty  for  every  such  of- 
fence not  exceeding  five  dollars. 

11.  Each   and   every  drayman   shall  place  his  horse  and  iwd.s.  ii. 
dray  lengthways  with  and  close  to  the  kerbstones  in  the  street  Drays  reguia-; 
in  which  the  same  shall  stand,  and  no  more  than  one  range 

shall  stand  in  any  street,  and  drays  shall  be  placed  at  a  distance 
of  not  less  than  twenty-five  feet  from  each  other. 

12.  The  Mayor  is  hereby  authorized  to  regulate  the  distance  ibid.s.  12. 
between  carts,  and  the   manner  in   which   they  shall  stand.  Mayor  to  regu- 

,  ,      late  cart  stands. 

either  by  general  rule  or  rules  applying  to  particular  streets  in 
his  discretion  ;  provided  that  nothing  herein  contained  shall  be  proviso. 
construed  to  authorize  the  placing  of  two  lines  of  carts  in  one 
street. 

13.  Each  and  every  carriage  of  pleasure  kept  for  hire  when  ibid,  s.  13. 
unemployed  and  in  any  street  and   not   in   motion,  shall   be  carriages  of 

t^      J  •/  pleasure  regu- 

placed  by  the  driver  thereof  in  the  middle  of  such  street  and  lated. 
lengthwise  with  said  street,  and  no  more  than  one  range  of 
carriages  shall  stand  in  any  street,  and  such  carriages  shall  be 
ranged  parallel  to  the  front  of  the  houses,  and  at  a  distance  of 
not  less  than  thirty  feet  from  each  otiier,  and  in  such  man- 
ner as  not  to  obstruct  the  passage  of  wagons  or  other  carriages 
in  the  streets,  and  as  not  to  prevent  foot  passengers  from  cross- 
ing a  street  in  the  direction  and  line  of  a  footway  on  the  side 
of  any  other  street. 

14.  Every  driver,  or  person  having  charge  of  any  cart,  dray  iwd,  s.  h. 

or  other  carriage,  whilst  occupying  and  stand,  and  unemployed,  nuty  of^^drivers 
shall  sit  in  such  carriage,  or  stand  near  thereto  with  the  reins  stands. 
in  his  hands,  or  in  siich  manner  to  have  the  same  within  his 
reach,  and  no  owner  or  driver  of  any  carriage  of  pleasure  for 
hire  or  pay  within  tlie  city,  shall  take  a  stand,  or  move  to  and 
fro  in  any  of  the  streets,  lanes  or  alleys  of  the  city,  waiting  or  Not^o^-^-- 
seeking  for  hire  or  employ  on  the  Sabbath  day,  and  every  per-  tueSahbath. 
son  offending  in  either  of  the  cases  mentioned  in  this,  or  the 


136  Carriages,  Horses,  Boats  and  Scows. 


Article  VIII. — Ordinances. 


preceding  three  sections,  shall  forfeit  and  pay  for  every  offence 
a  sum  not  exceeding  five  dollars. 

No  71, si,  15.     It  shall  be  lawful  for  the  owner  or  owners  of  any  cart, 

Sept.  3, '60  _  , 

Vehicles  re-      dray  or  other  vehicle  to  suffer  the  same  to  remain  before  their 

maining  in  the  .  .  '■    .  . 

streetsover       pz'emises,  on  wliich  they  live,  during  the  night;  provided,  that 

Proviso.  not  more  than  eight  feet  of  any  street  or  alley  shall  be  thus 

occupied  ;  and  provided  further,  no  cart,  dray  or  other  vehicle 

shall  remain  in  the  streets,  lanes  or  alleys  of  the  city  on  the 

Sabbath  day. 

No.  32,8. 16,  R.  10.  It  shall  not  be  lawful  for  any  person  or  persons  to  drive 
Wagons.  Ac,  or  staud  with  a  wagon  cart,  dray  or  other  vehicle,  or  feed 
streets  on  the    horscs  on  any  paved  street,  lane  or  alley  on  the  Sabbath  day. 

Sabbath.  ,  1   , 

Exception.  cxccpt  sucli  wagou  and  horses  are  in  the  service  of  the  United 
States  or  State  of  Maryland,  under  a  penalty  of  five  dollars. 

No.  71,8.3,  17.     No  carriage,  wagon  or  other  vehicle,  shall  be  allowed 

Sept.  3,  '60. 

Passenger  rail-    to  staud  iu  any  of  the  streets  so  as  to  obstruct  the  passaeje  of 

way  cars  not  to  .  "  "^ 

be  obstructed,  the  City  passcugcr  railway  cars;  and  no  driver  of  any  vehicle, 
having  sufficient  space  to  turn  out  of  the  way  of  said  cars, 
who  shall  refuse  to  do  so  after  being  requested,  shall,  with 
those  violating  the  first  provision   of  this  section,  forfeit  and 

Fine.  pay  the  sum  of  five  dollars  for  each  and   every  offence,  to  be 

recovered  as  other  fines  and  forfeitures  are  now  collectable. 

No.  3i,  s.  15,  R.      18.     Every  driver  of  a  hack  or  other  vehicle,  who  shall  crack 

o. 

Cracking  of       a  whip  uj)on  the  pavement  adjacent  to  the  public  stands  shall 

whips  prohib-     ,.      «  .  ■,  .  i    'rv> 

ited.  Torieit  and  pay  tor  every  such  offence  the  sum  of  one  dollar. 

Ibid,  s.  17.  19.     It  shall  not  be  lawful  for  any  wagon  or  other  carriage 

wattons,  &c.,     to  bc  olaccd  or  stand  across  any  street,  lane  or  alley,  in   the 

not  to  stand  ,  ,  _    ^  "^  -^  ' 

across  streets,  city,  Or  iu  any  othcr  position  except  with  the  length  parallel 
to  the  side  of  the  street,  lane  or  alley  in  which  it  may  be ;  and 
the  owner  or  driver  of  any  wagon  or  other  carriage  placing 
the  same  or  permitting  it  to  stand  in  any  other  position  than 
that  above  described,  shall  forfeit  and  pay  the  sum  of  two  dol- 

Provi5o.  lars;  provided,  that  any  wagon  or  other  carriage  of  burden 


Carriages,  Horses,  Boats  and  Soows.  137 

Article  VIII.— Ordinances. 

may,  durinj^  the  time  of  loading  or  unloading,  with  shaft  horses 
only,  in  the  day  time,  stand  in  a  position  convenient  for  those 
purposes  for  any  necessary  space  of  time,  not  exceeding  three 
hours,  without  the  owner  or  driver  thereof  incurring  the  pen- 
alty aforesaid  ;  but  nothing  in  this  proviso  contained  shall 
authorize  the  placing  of  any  wagon  or  other  carriage  in  any 
position  which  will  prevent  the  passage  of  any  wagon,  cart  or 
other  carriage. 

20.  It  shall  not  be  lawful  for  any  person  to  place  any  car-  iwd,  s.  is. 
riage  of  any  description   whatever,  upon  or  across  any  of  the  Nor  stand 
flag  or  stepping  stones,  placed  for  the  convenience  of  foot  pas-  stones,  &c. 
sengers  across  any  street,  lane  or  alley  in  the  city ;  and  every 
driver  of  any   carriage   whatever,  shall  promptly  remove  his 
carriage  off  the  same,  upon   demand  of  any   person,  under  a 
penalty  of  five  dollars. 

21.  If  any  owner  or  driver  of  any  wagon,  cart  or  other  carriage  iwd,  s.  i9. 
shall  i)Iace  snch  wagon,  cart  or  other  carriage,  or  any  horse  on  Not  to  obstruct 

upproach  to  any 

any  street,  lane  or  alley  of  the  city  other  tlian  the  streets,  lanes  place  except  at 

J  T  •'  •■'  market  on  mar 

and  alleys  within  the  limits  of  the  several  markets  on  market ''«'«^»y*- 
days,  so  as  to  prevent  the  access  of  any  other  carriage  to  the 
kerb  stone  in  front  of  any  building,  against  the  consent  of  any 
owner  or  occupier  of  such  building,  or  if  such  owner  or  owners, 
upon  being  required  to  move  his  cart,  wagon  or  other  carriage, 
or  horse,  by  the  owner  or  occupier  of  such  building,  or  by 
any  police  officer,  shall  refuse  or  neglect  so  to  do  immediately, 
he  shall  forfeit  and  pay  for  every  such  offence  the  sum  of  five  penalty, 
dollars;  and  it  shall  be  lawful  for  the  owner  or  occupier  of 
such  building  to  remove  the  said  cart,  wagon  or  other  carriage, 
horse  or  horses,  and  every  person  who  shall  obstruct  the  said 
owner  or  owners,  shall  forfeit  and  pay  the  sum  of  five  dollars 
for  each  offence. 

22.  Excepting  within  the  limits  of  tiio  several  markets,  and  ibid.s.  20. 
in  accordance  with  the  article,  entitled  Markets,  no  person  Exception. 
whatever  shall  place  any  wagon,  cart  or  other  vehicle  licensed 


138  Carriages,  Horses,  Boats  and  Soows. 


Article  VIII. — Ordinances. 


wagon.s, carts,   bv  the  citv,  or  owncd  in  the  city  of  Baltimore,  or  any  horse, 

Ac,  not  to  re- 
main longer       mare  or  geldinsr  belonginji;  to  the  same,  on  any  of  the  streets, 

than  two  hours,  &  &  »      »  t  j  i 

actuai"uRe.'^  lanes  or  alleys  of  the  city,  when  not  in  direct  and  absolute  use 
at  the  time,  to  remain  there  for  a  longer  time  than  two  hours, 

Penalty.  Under  a  penalty  of  three  dollars  for  each  and   every  offence  ; 

and  all  carriages,  wagons,  carts,  drays  and  other  vehicles, 
upon  their  stands  by  authority  of  the  Mayor  of  the  City,  shall 
be  considered  as  in  use  under  this  section,     ' 

No.  21,  April  4,      23.     No  driver  of  any  vehicle  upon  the  streets  of  the  city 
Distance  be-      shall  drive  80  close  to  any  vehicle  in  front,  that  there  shall  be 

tween  vehicles 

in  driving.  less  than  ten  feet  between  the  rear  of  said  vehicle  in  front  and 
the  head  of  the  horse  of  the  vehicle  in  the  rear  at  all  crossings, 

Penalty  uudcr  a  penalty  of  not  less  than   two  dollars  nor   more  than 

five  dollars,  at  the  discretion  of  the  justice  of  the  peace,  for 
each   and  every  offence,  to  be  recovered  as  other  fines  are  re- 

Proviso.  coverable  ;  provided,  that  this  section  shall  not  apply  to  funer- 

als or  other  processions. 

No.  32,8.  23,  R.      24.     It  shall   not  be  lawful   for  any  person    to  ride  or  drive 
Penalty  for        any  horse  or  horses  across  the  line  of  a  funeral  procession  in 

riding  or  dri- 
ving across  the   the  streets,  lanes  or  alleys  of  the  city,  uiider  a  penalty  for  each 

line  of  funerals.  ■'  •'  '  sr  J 

and  every  offence  of  two  dollars. 
No.  85, Oct.  13,       25.     If  any  person  shall  enter  upon  or  into  any  vehicle  or 
Taking  or  re-     conveyauce,  or  remain   therein,  or  drive  or  remove  the  same 

moving  vehicle 

&c.,  without      from  the  place  where  the  same  may  then  be,  without  the  au- 

permission  of  ^  i 

owner, &c.  thority  or  permission  of  the  owner  or  the  party  in  charge 
thereof,  such  person  so  entering,  remaining,  driving  away  or 
removing   without  authority  or  permission  as  aforesaid,  shall 

Penalty.  be  subjcct  to  a  fiuo  of  uot  Icss  than  one  dollar,  nor  more  than 

twenty  dollars  ;  to  be  collected  as  other  fines  and  penalties  are 
collected. 

LICENSES  AND   NUMBERS. 
Ibid, 8. 24.  26.     It   shall   be  the   duty  of  the  Mayor  to  withdraw   the 

When  Mayor  •'  •' 

li^ensrs!""^'"*''  license   from   any  vehicle  licensed    by  the   city,  the   driver  of 


Carriages,  Horses,  Boats  and  Soows.  139 


Article  VIII.— Ordinances. 


which  shall  violate  a  second  time  any  of  the  provisions  of  this 
ordinance  regulating  the  speed  of  horses  and  vehicles. 

27.  The  Comptroller  shall  issue  all  licenses  for  and  num- No.  9,s.  4,r. 
bers  of  carriages,  wagons  and  other  vehicles,  boats  and  scows  comptrollers 
as  enumerated  in  the  succeeding  section,  he  accounting  with  ^°"'*"' 
the  Register  for  the  same  and  paying  over  to  him  the  fees  re- 
ceived for  the  same. 

28.  All  hackney  coaches,  buggies,  cabs  and  gigs,  kept  forNo.  32,  a  25,  r. 
hire,  and  all  wagons,  furniture  carriages,  carts,  drays,  package  Hacks. &c., to 
carts,  boats  of  every  description,  and  scows,  nsed  or  employed 

within  the  city,*  shall  be  numbered  with  plain,  conspicuous 
figures,  on  plates  of  tin,  to  be  provided  by  the  Register  for 
that  purpose,  as  hereinafter  directed,  to  begin  with  number  one, 
and  soon  progressively  ;  and  the  owner  or  owners  of  such  car- 
riages, boats  or  scows,  shall  annually  appear  at  the  office  of 
the  Comptroller,  and  there  enter  in  a  book,  to  be  kept  for  that 
purpose,  his  or  her  name  and  place  of  abode,  and  the  descrip- 
tion of  every  such  carriage,  boat  or  scow  by  him  or  her  owned, 
and  the  number  thereon  to  be  affixed;  and  such  owner  or  owner  to  take 
owners  shall  take  out  a  license,  containing  his,  her  or  their  °" 
number,  and  signed  by  the  Comptroller,  with  the  city  seal 
thereto  affixed  ;  and  no  owner  or  holder  shall  be  permitted  to 
use  or  employ,  or  let  for  hire,  on  any  street,  lane  or  alley,  nor 
in  any  water  within  the  city,  any  hackney  coach,  buggy,  cab 
or  gig,  kept  for  hire,  wagon,  furniture  carriage,  cart,  dray, 
package  cart,  boat  or  scow,  until  he,  she  or  they  shall  first 
comply  with  the  regulations  herein  contained  ;  and  should 
any  holder  or  owner  thereof  use  or  employ  any  such 
carriage,  boat  or  scow  within  the  city,  until  he,  she  or  they 
have  fully  complied  with  the  requisitions  of  this  ordinance  and 


*Held  by  Brown,  C.  J.,  in  City  Court,  Frederick  v.  Mayor  &c.,  March  21, 
1874,  where  ice  carts,  owned  by  residents  of  Baltimore  county,  who  also  had 
their  ice  house  in  that  county,  were  "  used  and  employed  within  the  city," 
that  licenses  must  be  taken  out  and  the  ice  carts  numbered  as  required  by 
this  section. 


140  Carriages,  Horses,  Boats  and  Scows. 

Article  VIII. — Ordinances. 

the  regulations  herein  contained,  he,  she  or  they  shall  be  liable 
Penalty.  to  forfeit  and  pay  for  every  snch  offence  a  fine  of  one  dollar. 

No.  32,  s.  26,  R.      29.     All  licenses  shall  terminate  on  the  first  day  of  May, 
Licenses,  when  aniiually,  and  shall  only  be  considered  as  entitled  to  renewal 

to  terminate  '  i       i      i>     i  i       i      » 

and  be  renewed,  if  such  renewal  shall  be  ap[)lied  tor  on  said  day,  or  within 
twenty  days  thereafter;  and  in  all  cases  where  said  license 
shall  not  have  been  renewed  within  twenty  days  aforesaid,  a 
new  license  shall  be  necessary,  to  be  dated  and  paid  for  from 
the  first  of  May,  as  in  case  of  renewal. 

Ibid,  8. 27,  30.     It  shall   be  the  duty  of  the  Register,  annually,  on  or 

Register  to  pro-  bcfore  the  first  day  of  May  in  each  and  every  year,  to  pur- 
vide  numbers,  .  .  •'  •',  J  J      ^       I 
*c-                 chase  a  sufficient  number  of  tin  plates  numbered  with  plain, 

conspicuous  figures,  done  with  black  paint,  beginning  with 
number  one  and  so  on  progressively,  two  of  each  to  corres- 
pond to  the  number  of  the  carriage,  boat  or  scow,  and  also 
to  purchase  suitable  d'cs  for  the  arithmetical  numbei's,  and  the 
figures  standing  for  the  date  of  the  year  in  which  said  num- 
bers were  issued  shall  be  stamped  on  the  end  of  each  numbered 
plate,  the  said  plate  to  be  of  suitable  size  and  description,  in 
the  discretion  of  the  Register,  and  to  be  paid  for  out  of  any 
money  in  the  treasury  not  otherwise  appropriated  ;  and  it  shall 
be  the  duty  of  the  Comptroller,  on  receiving  the  same  from  the 
Register,  to  I'urnish  for  each  licensed  carriage,  boat  or  scow,  two 
of  said  tin  plates  with  numbers  corresponding  to  tiie  number 
of  the  license  and  record  of  said  carriage,  boat  or  scow,  which 
Where  num.     numbcrtd  plates  shall  be  fastened  on  each  side  of  and  on  the 

bers  to  be 

placed.  most  conspicuous  part  of  such  carriage,  boat  or  scow,  so  that 

the  numbers   may  be  plainly  seen,   under  a  penalty  of   two 
dollars. 

Ibid,  s.  28.  31 .     All  persons  who  take  out  licenses  under  this  ordinance, 

Numbers  of  any  are  hereby  authorized  to  provide  numbers  for  their  carriages, 

design  may  be  o      ' 

used.  wagons  and  other   vehicles,  of  such  design  as   to   them  may 

seem  proper,  such  numbers  to  conform    with   the  number  of 


Carriages,  Horses,  Boats  and  Scows.  141 

Article  VIII. — Ordinances. 

their  license,  the  same  to  be  in  a  conspicuous  place ;  provided  Proviso, 
that  tlie  number  furnished  by  the  Comptroller  be  nevertheless 
attached  to  such  carriage  and  wagon  in  such  place  as  he  may 
direct. 

32.  The  owner  or  owners  of  any  carriage,  boat  or  scow,  iwd,  s  29. 
obtaining  license  therefor,  shall  pay  the  Comptroller  for  the  Rate  of  license, 
use  of  the  city,  for  every  hackney  coach,  cab,  buggy,  wagon 

or  other  four  wheel  pleasure  carriage,  kept  for  hire,  five  dol- 
lars and  fifty  cents  for  the  original  license,  and  five  dollars 
for  the  annual  renewing  thereof;  for  every  chair,  gig,  cab, 
buggy  or  other  pleasure  carriage  drawn  by  one  horse  and  kept 
for  hire,  three  dollars  and  fifty  cents  for  the  original  license, 
and  three  dollars  for  the  annual  renewing  thereof;  for  every 
wagon  drawn  by  more  than  three  iiorsos  or  mules,  ten  dollars 
and  fifty  cents  for  the  original  license,  and  ten  dollars  for  the 
annual  renewing  thereof;  for  every  wagon  or  cart,  drawn  by 
more  than  one,  and  not  more  than  three  horses  or  mules,  five 
dollars  and  fifty  cents  for  the  original,  and  for  each  renewal, 
five  dollars ;  for  every  wagon  or  cart  or  other  carriage  of  bur- 
den, drawn  by  not  more  than  one  horse  or  mule,  two  dollars 
and  fifty  cents,  and  for  each  renewal,  two  dollars ;  for  each 
boat  or  scow,  two  dollars  and  fifty  cents  for  the  original,  and 
two  dollars  for  each  renewal ;  for  every  package  cart,  one  dol- 
lar, and  for  every  transfer  of  any  of  the  licenses  authorized  by 
this  ordinance,  fifty  cents. 

33.  If  any  person  shall  cause  or  procure  a  false  entry  to  be  ibid,  s.  30. 
made  of  any  such  carriage,  boat  or  scow,  or  after  a  true  entry  Pen^ty^rfaiae 
shall   alter  the  number  of  his  carriage,  boat  or  scow,  being  of  -mmber. 
registered,  or  not  having  a  license,  shall  permit  a  number  to  be 

fixed  to  or  remain  on  his  or  her  carriage,  boat  or  scow,  he  or 
she  shall  forfeit  and  pay  for  every  such  ofience  the  sum  of 
twenty  dollars. 

34.  No  owner  of  any  carriage  shall  use  the  same  in  carry  ibid,  s.  31. 
ing  or  transporting  any  person  or  persons,  within  the  said  city, 


142  Carriages,  Horses,  Boats  and  Scows. 


Article  VIII. — Ordinances. 


Carriages  not  to  for  hire  01'  DHV,  unless  such  owner  shall  appear  at  the  office 

be  used  for  hire 

without  being    of  the  Comptroller  and   make  entry  and   take  out  license  as 

licensed  and  r 

numbered.  aforcsaid,  and  number  such  carriage  on  the  middle  panel  or 
other  conspicuous  place,  of  each  side,  with  plain  and  conspi- 
cuous figures,  and  the  same  renew  annually;  and  such  owner 
shall  be  subject  to  all  the  other  rules  and  regulations  herein 
contained,  respecting  wagoners,  carters  and  draymen,  and  shall 
be  liable  to  the  same  forfeitures  and  penalties  upon  the  non- 
compliance with  or  violation  of  any  such  rule  or  regulation. 
Ibid,  s.  32.  35_     It  shall  not  be  lawful  for  the  owner  or  owners  of  any 

Number  corres- carriage,  wagou,  cart,  dray,  package  cart,  furniture  wagon, 
be  u^ed.""'^ '°  ^^^^  ^^'  scow,  to  retain  or  suffer  to  be  placed  on  any  such 
vehicle  any  other  number  than  one  corresponding  with  the 
license  for  the  same,  and  any  person  or  persons  violating  the 
provisions  of  this  section,  shall  be  subject  to  a  fine  of  three 
dollars. 

Ibid,  s.  33.  30.     It  shall  be  the  duty  of  the  Register  to  notify  all  per- 

Register  to  give  sons  annually,  of  the  necessity  of  attending  to  the  provisions 

notice.  _  _  _ 

of  this  ordinance  respecting  licenses,  by  advertising  the  same 
for  ten  days  previous  to  the  first  day  of  May  in  all  the  daily 
papers  of  the  city.* 

RULES. 

Ibid,  3.36.  37,     Every  person  violating  any  rule  made  by  the  Mayor  in 

Penalty  for  vio-  virtuc  of  this  Ordinance,  shall  be  subiect  to  a  penalty  of  two 

latiug  rules  jr./ 

nauce."''^  "'''*^'  dollai's,  uuless  somc  Other  penalty  is  hereinbefore  provided 
for  the  offence. 

LIVERY,  HIRING  OR  SALE  STABLES. 

ju°/ai,V(j  ^^'     ^^  sh&W  not  be  lawful  for 'any  person  or  persons,  or 

Buildings.        bodics  Corporate,  to  erect  or  cause  to  be  erected,  or  to  alter  or 

cause  to  be  altered,  any  building  or  buildings  for  the  purpose 

of    being  used  as  livery,  hiring   or   sale  stables,  within  the 


See  duty  of  Sheriff  under  Licenses,  Art.  XXXIII. 


Carriages,  Horses,  Boats  and  Scows.  143 

Article  VIII.— Ordinances. 

limfts  of  direct  taxation,  without  having  first  had  and  obtained  Permit. 
a  permit  from  the  Mayor  and  City  Council  of  Baltimore.  * 

39.  Notice  of  all  applications  for  permission  to  erect  livery,  ibia.s.  a. 
hiring  or  sale  stables,  or  to  alter  buildings  to  be  used  for  that  Publication. 
purpose  within  the  limits  of  direct  taxation,  shall  be  inserted 

three  times  a  week  in  two  or  more  of  the  daily  newspapers 
published  in  the  city  of  Baltimore,  two  weeks  previously  to 
making  such  application. 

40.  For  any  and  every  violation  of  the  provisions  of  theiwd,  s.  3. 
preceding  two  sections,  the  party  or  parties  so  violating,  shall  Forfeiture. 
forfeit  and  pay  the  sura  of  two  hundred  dollars,  and  a  further 

sum  of  fifty  dollars  for  each  and  every  week  thereafter,  until 
the  stable  or  stables  so  erected  or  altered  shall  be  removed 
outside  of  the  limits  of  direct  taxation,  torn  down,  or  ceased 
to  be  used  for  that  purpose;  the  said  fines  and  forfeitures  to 
be  recovered  as  other  fines  and  forfeitures  are  now  recover- 
able. 

STANDS  FOR  CARRIAGES,  CARTS,  &c. 

41.  It  shall  not  be  lawful  for  licensed  carriages  of  pleasure,  No.  71, s.  a, 

'^  '^  Sept.  3,  '60. 

commonly  called   hacks,  to  stand  upon   the  bed   of   Charles  Hacks  not  to 

stand  on  certain 

Street,  between  Camden  and  Lombard  streets,  and  any  person  pans  of  cimries 
oflending  against  the  provisions  of  this  section,  shall  forfeit 
and  pay  the  sum  of  five  dollars  for  each  and  every  ofi'ence ;  Fine. 
to  be  recovered  as  other  fines  and  forfeitures  are  now  recover- 
able. 

42.  It  shall  not  be  lawful  for  any  carriage  or  carriages,  of  No  32,  sec.  21, 
any  description  whatever,  to  stand  on  that  part  of  Bowly  s  caniages on 
wharf  south  of  a  right  line  with  the  north  side  of  Camden  an^d^ugh'st. 
street,  or  on  that  part  of  Light  street  which  lies  between  Pratt 

and  Lee  streets,  longer  at  any  one  time  than  the  same  can  be 
loaded  or  unloaded,  under  a  penalty  of  two  dollars  for  each 
and  every  ofiFence. 


■  See  as  to  permits  from  Appeal  Tax  Court,  Article  XLIX,  Taxes. 


144  Carriages,  Horses,  Boats  and  Soows. 


Article  VIII. — Ordinances. 


Ibid,  s.  22,  43.     The  Mayor  is  hereby  authorized  and  requested  to  de- 

Mayor  to  desig- sign  ate  stands  for  licensed  carriages  of  pleasure  and  burden 

nate  stands  for 


caiiiages,  &c.,  and  Dackago  carts,  out  of  Baltimore  street  and  that  part  of 

oil  certain  i  o  '  r 

streets.  Pratt  Street  which  lies  between  South  and  Hanover  streets ; 

and  no  person  shall  take  any  stand  not  so  designated  with  a 
licensed  carriage  of  pleasure  or  burden,  or  a  package  cart, 
under  a  penalty  of  not  less  than  one  nor  more  than  five  dol- 

Proviso.  lars:  provided,  that  the  Mayor  shall  not  designate  stands  for 

carts  in  any  streets  except  at  the  south  end  of  Broadway,  and 
in  Camden,  Conway,  Barre  and  Lee  streets,  east  of  Charles 
street,  and  at  the  lower  end  of  the  Centre  market  space. 

No.  50, s.  1,  44.     It  shall  not  be  lawful  for  any  horse,  wagon,  or  other 

July  a,  '60.  .  ^  J  to       5 

Horses,  vehiclc  to  occupy  or  remain  upon  any  of  the  following  streets, 

wagons,  &c  ,  .  _  '  n  /-^  t 

not  to  occupy     to  Wit:     Hauover   street  from  Conway  to  Lombard   street: 

certain  streets.  ''  ' 

Camden  street  from  Charles  to  Howard  street ;  Sliarp  street 
from  Conway  to  Pratt  street,  and  Dover  street  from  Han- 
over to  Sharp  street,  during  the  following  days,  to  wit : 
Mondays,  Thursdays  and  Saturday  afternoons  and  evenings. 

Ibid,  s.  2.  45.     In  order  that  the  provisions  of  the  aforegoing  section 

whatcarts,&c.  shall  not  interfere  with  those  persons  who  have  been  in  the 

excepted.  t     i  •        j? 

habit  ot  occupying  said  streets  on  said  occasions,  with  a  cart, 
wagon,  or  other  vehicle,  for  the  purpose  of  selling  or  vending 
therefrom  any  article  or  articles,  said  cart,  wagon,  or  other 
vehicle,  so  occupying  said  streets,  for  the  purpose  aforesaid 
are  hereby  excepted  from  the  provisions  of  the  above  section ; 
Provisos.  provided,  however,  the  said  cart,  wagon  or  other  vehicle,  shall 

be  so  arranged  as  to  preserve  between  every  two  vehicles,  an 
open  space  of  not  less  than  four  feet,  for  the  purpose  of  a 
passage  way  for  the  accommodation  of  the  public ;  and  provi- 
ded further,  that  the  shafts  of  said  carts  shall  not  extend  more 
than  one  foot  beyond  the  curb,  and  the  shafts  of  said  wagon 
or  other  vehicle  shall  be  unshipped ;  and  provided  further,  tiiat 
such  carts,  wagons  or  other  vehicles  occupying  the  south  side 
of  Camden  street  for  the  sale  of  articles,  shall  be  so  placed 


Carriages,  Horses,  Boats  and  Scows.  145 

Article  VIII. — Ordinances. 

that  the  articles  sold  therefrom  can  be  purchased  from  the 
pavement  or  sidewalk. 

46.  The  owners  and  occupiers  of  the  property  upon  the  ibid,  s.s. 
line  of  the  street  or  streets  upon  which  it  is  designed  to  reverse  conditions. 
the  carts,  wagons  and  other  vehicles,  as  a  stand  or  stall  for  the 

sale  of  any  articles,  siiall  enter  into  an  agreement  with  the 
Mayor  and  City  Council,  consenting  thereto,  and  allowing 
the  parties  making  sales  from  said  carts,  wagons  or  other 
vehicles,  the  use  of  two  feet  of  the  pavement  next  the  kerb 
stones  in  front  of  their  property ;  and  no  vehicles  shall  be 
allowed  to  remain  standing  on  the  bed  of  Sharp  street. 

47.  Any  person  or  persons  having  in  charge  any   cart,  iMd,  s.  4, 
waeon  or  other  vehicle  not  intended  to  be  used  to  sell  from,  carta,  &c.,  not 

^  ,    ^        used  to  sell 

shall  be  permitted  to  remove  the  same  to  some  of  the  adjoin,  from  to  be  re- 
ing  streets,  and  so  arrange  them  upon  the  centre  or  crown 
thereof  as  to  cause  no  obstruction  to  the  free  passage  of  all 
vehicles  upon  either  side  of  the  same.  Any  person  or  persons 
violating  the  provisions  of  this  and  the  preceding  three  sec- 
tions, shall  be  subject  to  a  penalty  of  five  dollars  for  each  and  penalty. 
every  ofionce,  to  be  collected  as  other  city  fines  and  forfeitures 
are  collected. 

48.  Wood  carts  are  not  permitted  to  occupy  Camden  street,  Reso^ution^No^ 
between  Charles  and  Light  streets,  as  a  stand,  under  a  penalty  wood  carts  on 

Camdpn  strGCt 

of  five  dollars  for  each  ofifence ;  but  Conway  street,  between  penalty. 
Charles  and  Light  streets,  is  hereby  designated  as  a  stand  for 
said  carts. 

49.  It  shall  not  be  lawful  for  any  person  or  persons  to  use  Re^°jJj"^t^73No^^ 
the  bed  of  German  street,  between  Howard  and  Eutaw  streets.  Furniture^  ^^^_ 
as  a  furniture  wagon  stand,  under  a  penalty  of  five  dollars  for  man  street. 
each  ofience,  to  be  recovered  as  other  fines  are  recoverable ;  Penalty. 

but  the  bed  of  German  street,  between  Eutaw  and  Paca  streets, 
may  be  so  used  until  otherwise  determined  by  the  Mayor  and 
City  Council  of  Baltimore. 


140  Carriages,  Horses,  Boats  and  Soows. 

Article  VIII. — Ordinances. 

No  i.Nov.  28,       50.     It  shall  not  be  lawful  for  any  hack,  carriage  or  other 
Hacks,  &c.,  in    Vehicle  for  hire,  to  stand  or  be  rnovinsr  about  Monument  square. 

Monument  '  , 

Square.  or  ou  Calvcrt  street  between  Baltimore  and  Lexington  streets, 

nor  on  Fayette  street,  between  St.  Paul  and  North  streets,  ex- 
cept when  actually  employed  :     Provided,  that  not  more  than 

MoundBattir  ^"^"^  TOWS  of  hacks  Tiot  exceeding  five  in  a  row,  may  stand 
onument.  north  of  the  Battle  Monument,  with  their  horses  heads  facing 
to  the  south,  and  not  less  than  fifteen  feet  north  of  the  chain 
around  the  Monument,  thirty  feet  south  of  the  flagstones  across 
the  south  side  of  Lexington  street,  and  thirty  feet  from  the 
kerbstones  on  the  east  and  west  side  of  Monument  square ;  each 

Penalty.  and  cvcry  person  violating  this  section  shall  be  fined  not  less 

than  two  nor  more  than  four  dollars  for  each  and  every  offence, 
to  be  collected  as  other  fines  and  forfeitures  are  now  collected. 

Note.— By  Res.  No.  6,  Nov.  21,  '67,  James  Miller  and  others  had  the  priv- 
ilege granted  them  of  standing  drays  on  Pratt  street,  between  Spear's  wharf 
and  Smith's  wharf,  revokable  however,  by  the  Mayor,  whenever  in  his  judg- 
ment the  public  interests  require  it. 


Chimneys. 


147 


Article  IX. — Statute. 


ARTICLE  IX. 


CHIMNEYS 


BTATDTE. 

Licensing  and  regulating  chim- 
ney sweeping. 

OKDLNANCES. 

1.  Superintendents  of  Chimney 

Sweepers  to  be  appointed  and 
licensed:  penalty. 

2.  To  give  bond. 

3.  Duty  of  Superintendents:  pen- 

alty for  refusing  to  allow  chim- 
neys to  be  swept. 

4.  Penalty  for  neglect  of  duty  by 

Superintendents. 

5.  Fees. 

6.  Penalty    when   chimneys   take 

fire :  provisos. 

7.  Flues  of  chimneys  in  which  an- 

thracite coal  is  used  regulated. 

8.  Width    of    funnels    regulated: 

notice. 

9.  Timber    resting    on    chimneys 

regulated. 


10. 


11. 


12. 


13. 
14. 


15. 


16. 


17. 


18. 


Superintendents  to  enforce  regu- 
lations. 

Their  duty  in  relation  to  new 
houses:  liability  of  owners: 
charge  for  scraping. 

Chimneys,  &c.,  annoying  neigh- 
bors or  endangering  property 
prohibited:  penalty. 

Spark  catchers :  penalty. 

Pipes  through  sides  of  wooden 
houses  or  through  wooden 
ceilings,  &c.,  prohibited :  pen- 
alty. 

Smoking  meat  prohibited:  pro- 
viso: penalty. 

Superintendents  to  examine  fire- 
places, &c. :  notice  to  Fire  In- 
spector: penalty. 

Annual  report  of  Superintend- 
ents. 

Hours  for  sweeping  regulated: 
penalty. 


STATUTE 


Tl\e  Mayor  and  City  Council  have  power  to  license  and  p.^L.L,,,art.4, 
regulate  the  sweeping  of  chimneys,  and  fix  the  rates  thereof,  Ljcejmngand 
and  to  regulate  the  sweeping  of  any  chimney  by  the  neglect  ch.mney  sweep- 
of  which  the  city  may  be  endangered,  and  to  ascertain  the 
width  of  those  to  be  built  in  the  city. 


148 


Chimneys. 


Article  IX. — Ordinances. 


ORDINANCES 


No.  48, 8. 1,  R.        1,     There  shall  be  annually  appointed  and  licensed  eleven 
Superintend-     Superintendents  of  Chimney  Sweepers,  who  shall  be  assigned 

ents  of  chimney  '■  J  r         J  <=> 


bTr^iointed  ^^  separate  districts  of  the  city,  as  nearly  equal  as  possible, 
and  licensed,  ^^j^^j^j,  ^)^g  direction  of  the  Mayor,  and  who  shall  reside  in 
their  respective  districts,  and  no  person  shall  exercise  the 
employment  of  Superintendent  of  Chimney  Sweepers  until 
he  shall  have  obtained  from  the  Mayor  a  license  under  the 
seal  of  the  corporation,  on  pain  of  forfeiting  for  every  such 
offence  a  sum  not  exceeding  five  dollars. 


Ibid,  s.  2. 
To  give  bond. 


Ibid,  s.  3. 

Duty  of  Super- 
intendents. 


2.  Before  any  license  shall  be  granted  or  renewed,  every 
person  appointed  Superintendent  of  Chimney  Sweepers  shall 
give  bond  to  the  Mayor  and  City  Council  of  Baltimore  in  the 
penal  sum  of  one  hundred  dollars,  with  security  to  the  satis- 
faction of  the  Mayor,  with  condition  that  he  will  faithfully 
execute  the  employment  of  Superintendent  of  Chimney 
Sweepers  in  his  district,  will  duly  pay  and  satisfy  all  just 
claims  that  may  be  against  him  as  such,  and  in  all  things 
well  and  faithfully  perform  the  several  duties  required  by  the 
ordinances  of  the  corporation  relating  to  his  office. 

3.  Each  Superintendent  is  hereby  directed  to  apply  to  the 
occupier  or  occupiers  of  every  house  and  of  every  room  and 
apartment  within  his  district  for  permission  to  sweep  any 
chimney  in  such  house,  or  belonging  to  such  room,  which  has 
been  so  much  used  as  to  require,  in  the  opinion  of  the  Super- 
intendent, to  be  swept,  and  has  not  been  swept  at  any  time 
within  the  term  of  four  weeks  next  preceding  the  day  of  such 
application,  and  if  the  said  occupier  or  occupiers  will  not 
then  permit  such  Superintendent  to  sweep  such  chimney,  or 
will  not  appoint  a  reasonable  time  within  twenty-four  hours 
thereafter  for  the  doing  thereof,  or  will  not  permit  such 
chimney  to  be  swept  at  the  time  which  may  be  so  appointed, 


Chimneys.  149 

Article  IX. — Ordinances. 


he,  she  or  they  shall  pay  to  the  superintendent  the  same  sum  penalty  tor  re- 

./.  1,.  Ill  11-  1   f^using  to  allow 

of  money  as  if  such  chimney  had  been  swept  by  him,  and  ci'imneys  to  be 

•'  •'  I  J  7  swept. 

shall  forfeit  and  pay  to  the  corporation  a  sum  not  exceeding 
five  dollars,  and  in  such  case  the  superintendent  shall  be 
and  he  is  hereby  directed  to  apply  each  and  every  day  for 
the  sweeping  of  such  chimney  until  the  same  be  actually 
swept,  and  upon  every  such  application,  if  the  occupier  or 
occupiers  of  such  house  or  room  will  not  permit  him  to 
sweep  such  chimney,  he  shall  be  entitled  as  iiforeaflid,  to  re- 
ceive each  and  every  day  from  such  occupiers  the  same  sum 
of  money  as  if  said  chimney  had  been  swept  by  him,  and 
every  such  occupier  or  occupiers  shall  forfeit  and  pay  to  the 
corporation  for  each  and  every  such  offence  a  sura  not  ex- 
ceeding five  dollars. 

4.     If  any  of  the  superintendents  do  not,  every  four  weeks  ibia,  s.  4. 
apply  as  aforesaid  for  permission  to  sweej)  each  and  every  Penalty  for  ne- 
chimney  within  his  district  which,  by  this  ordinance  ought  {;y,^^"Pf;;''- 
to  be  swept,  and  each  and  every  day  repeat  such  application 
as  aforesaid,  he  shall,  for  every  such  default,  forfeit  and  pay 
to  the  corporation  a  sum  not  exceeding  five  dollars. 

5^     No  superintendent,  licensed  as  aforesai'l,  shall  demand  ij''"-^- ^-^,1 ,9^ 
or  receive  from  any  person,  directly  or  indirectly,  for  his 's"- 
services,  any  other  or  greater  fees  or  rates  tlian  are  herein  Fees. 
allowed,  under  the  penalty  of  five  dollars  for  every  such 
offence,  to  wit :  for  a  chimney  one  story  high,  ten  cents  ;  for 
a  chimney  two  stories  high,  fifteen  cents  ;  for  a  chimney 
three  stories  high,  twenty  cents  ;  for  a  chimney  four  or  more 
stories  high,  twenty-five  cents. 

6.     If  any  chimney  in  the  city  shall  take  fire,  and  blaze  no.48,s.6,r. 
out  at  the  top,  the  superintendent  within  whose  district  the  Penauy^whec^ 
said  chimney  shall  be,  shall  forfeit  and  pay  to  the  corpora- fic- 
tion the  sum  of  ten  dollars  ;   provided,  nevertheless,  that  Proviso, 
such  forfeiture  shall  be  paid  by  the  occupier  or  occupiers  of 


150  Chimneys. 

Article  IX. — Ordinances. 


the  house  or  room  wherein  such  chimney  may  be,  in  case  he, 
she  or  they  would  not  permit  such  chimney  to  be  swept, 
upon  application  having  been  made  therefor  by  the  said 
superintendent,  agreeably  to  the  provisions  of  this  ordi- 
Proviso.  nance  ;    and  provided,  also,   that  the  said   superintendent 

shall  not  be  liable  to  the  fine  imposed  by  this  section,  where 
the  fire  occurs  in  a  chimney  in  which  is  placed  a  Franklin 
or  other  stove,  or  in  a  stove  pipe  or  chimney  so  fixed  as  to 
prevent  the  thorough  sweeping  and  cleansing  of  such  chimney. 

Ibid,  s.  7.  7.     The  flue  of  any  chimney  in  which  anthracite  coal  is 

Flues  of  chim-  uscd  as  a  fucl  shall  be  exempt  from  the  provisions  of  this 

neys  in  which 

anthracite  coal  ordinance  requiring  that  flues  shall  be  swept  once  in  every 

is  used,  regula-  j.  o  r  j 

**''•  four  weeks,  but  such  flues  shall  be  swept  once  in  every  year, 

if  thought  necessary  by  the  superintendent. 

No. 38, June?,       8.     If  any  person  or  persons  shall  erect  or  build,  or  cause 
Width  of  fun-  to  be  erected  or  built,  any  chimney  within  the  limits  of  the 

nels  regulated. 

city  of  less  width  than  eight  inches  square  throughout  the 
funnel,  he,  she  or  they  shall  forfeit  and  pay  a  fine  of  twenty 
dollars,  and  shall  cause  the  same'to  betaken  down  within  ten 
Notice.  days  after  notice  so  to  do  shall  have  been  given  to  him  or  them 

by  the  Fire  Inspector,  under  a  penalty  not  exceeding  twenty 
dollars,  and  a  further  sum  of  five  dollars  per  day  for  each  and 
every  day  thereafter  the  same  shall  be  suffered  to  remain. 

No.  48, 8.9,  R.       9.     It  shall   not  be  lawful   for  any  person  or  persons  to 
Timber  resting  ercct  or  build,  Or  cause  to  be  erected  or  built,  any  chimney 

on  chimneys  ....  .  .  • 

regulated.  witliiu  the  limits  of  the  city  which  shall  have  any  joist  or 
timber  resting  on  or  entering  the  same  further  than  will  leave 
at  least  four  inches  between  the  end  thereof  and  the  inside 
of  the  chimney,  and  every  person  who  shall  refuse  to  cause 
any  such  joist  or  timber  so  placed  by  him,  or  his  authority, 
to  be  removed  within  ten  days  after  notice  so  to  do,  shall  for- 
feit and  pay  a  like  penalty  as  is  imposed  by  the  preceding 
section. 


Chimneys.  151 

Article  IX. — Ordinances. 


10.  It  shall  be  the  duty  of  the  Superintendents  of  Chim-  ibid,s.io. 
ney  Sweepers  to  carry  into  effect  in  their  respective  districts  superintend- 
the  provisions  of  sections  eight  and  nine  of  this  ordinance,  regulations. 

11.  Each  superintendent  of  the  sweeps  is  hereby  directed  ihid.s.  ii. 
to  apply  to  the   owner  or  owners  of  any  new  built  house  xheir  duty  in 
within  his  district  for  permission  to  scrape  the  chimneys  be-  houses. 
longing  to  such  house  before  the  same  is  occupied,  and  if  the 

said  owner  or  owners  will  not  permit  such  superintendent  to  Liability  of 
scrape  such  chimney  or  chimneys,  and  shall  suffer  the  same 
to  remain  unscraped  until  such  house  is  occupied,  the  owner 
or  owners  shall  pay  to  the  superintendent  the  same  sum  of 
money  as  if  such  chimneys  had  been  scraped  by  him,  and 
shall  forfeit  and  pay  to  the  corporation  as  a  fine  a  sum  not 
exceeding  five  dollars  :  and  no  superintendent  shall  demand  charge  for 

^  _        _  scraping. 

or  receive  from  any  person,  directly  or  indirectly,  under  the 
penalty  of  five  dollars  for  each  and  every  offence,  more  than  Penalty. 
twenty-five  cents  for  each  funnel  so  scraped. 

12.  No  person  shall  erect  or  continue  to  use  any  smoke- md,  s.  i-a. 

..,.,..  1     No.  91,  June  12, 

stack,   chimney-flue  or  stove-pipe  within  the  city  m  such  '7i. 
manner  as  that  the  smoke  or  cinders  therefrom  shall  annoy  chimneys  an- 

,        „  noyingneigh- 

anv  neighbor,  or  endanger  the  surrounding  property  byhre,  borsorendan- 

J  O  ^  o  cjiiu.-  gering  property 

and  upon  the  complaint  of  a  majority  of  the  neighbors  to  prohibited. 
the  Fire  Inspector,  he  may,  in  his  discretion,  or  he  may  on 
his  own  motion,  order  the  same  to  be  altered  or  improved, 
as  he  may  deem  best  for  the  protection  of  the  surrounding 
property  ;  and  if  any  person  shall  refuse  or  neglect  to  alter 
or  improve  the  same  within  ten  days  after  notice  from  the  Penalty. 
Fire  Inspector,  he  shall  forfeit  and  pay  a  fine  of  twenty  dollars, 
and  ten  dollars  for  each  and  every  day  thereafter  until  such 
order  shall  be  obeyed  ;  the  said  fines  to  be  collected  as  other 
fines  are  collectable. 

13.  All  chimneys,  smoke-stacks  or  stove-pipes  not  over  No.  ir,  Mar.  n, 
fifty  feet  high,  connected  with  backsraith  shops,  steam  en- n-91-J"°«:''^. 
gines  or  furnaces,  shall  be  provided  with  spark-catchers,  so  spark  catchers. 


152 


Chimneys. 


Article  IX. — Ordinances. 


as  to  prevent  the  cinders  from  annoying  tlie  citizens  or  endan- 
gering the  property  in  the  neighborhood  ;  and  the  Fire  In- 
spector shall  see  that  this  section  is  complied  with,  and  in 
Penalty.  cascs  of  non-compliancc  the  party  offending  shall  be  subject  to 

the  same  penalties  as  are  provided  in  the  preceding  section. 


No.  48,  s.  12, 
R.  0. 


14.     No  person  shall  erect  a  stove,  and  conduct  the  pipe 
Pipes  through    tlicrcof  tlirough  the  side  or  end  of  any  wooden  house,  or  the 

sides  of  wooden  i      -i  t 

houses  or  wood-  rooi  Or  woodcu  Celling  of  any  building,  under  a  penalty  not 

en  ceilings,  &c,  ^  r>  J  »;  i  J 

prohibited.       exccediug  ten  dollars,  and  shall  forfeit  and  pay  the  same 
Penalty.  suiii  for  cach  and  every  month  thereafter,  until  such  pipe 

shall  be  removed. 

Ibid,  s.  13.  15.     It  shall  not  be  lawful  to  make  or  cause  to  be  made 

Smoking  meat   any  firc  for  the  purpose  of  smoking  any  bacon  or  other  meat 

prohibited.  ^      •'  r       r  ^  &         .;  ^ 

Proviso.  in  any  warehouse  or  other  building,  except  in  houses  built 

expressly  for  that  purpose,  and  in  the  opinion  of  the  Fire  In- 
spector, made  secure,  so  as  not  to  endanger  the  adjoining 
property,  and  any  person  offending  against  the  provisions  of 

Penalty.  this  scctiou  shall  forfeit  and  pay  the  sum  of  twenty  dollars, 

and  the  further  sum  of  ten  dollars  for  each  and  every  day 
the  practice  shall  be  continued. 

Ibid,  s.  14.  16.     The  Superintendents  of  Chimney  Sweepers  in  each 

Superintend-     district  shall,  from  time  to  time,  examine  in  their  respective 

ents  to  examine 

tire  places,  &c.  districts  the  fire  places  and  chimneys  of  all  houses,  out- 
houses and  buildings,  and  all  stoves  and  stove  pipes,  and 
the  place  where  ashes,  hay,  straw  or  other  combustible  mat- 
ters are  or  shall  be  kept,  and  all  smoke  houses  ;  and  upon 

Motice  to  Fire  finding  any  of  them  defective  or  dangerous,  shall  give  notice 
to  the  Fire  Inspector,  who  shall  in  his  discretion,  order  the 
same  to  be  removed,  altered  or  amended,  and  if  any  person 
shall  neglect  or  refuse  to  obey  such  order,  such  person  shall 

Penalty  forfeit  and  pay  a  sum  not  exceeding  five  dollars,  and  shall 

forfeit  and  pay  the  same  amount  each  and  every  week  there- 
after, until  such  order  shall  be  obeyed.  ' 


Chimneys.  153 

Article  IX. — Ordinances. 


17.  It  shall  be  the  duty  of  the  Superintendent  of  Chim- ibid,  s.  15. 
ney  Sweepers,  in  the  month  of  December  of  every  year,  to  Annual  report 
return  to  the  Mayor*  an  enumeration  of  all  the  houses  erected  ems. 

in  their  respective  districts,  distinguishing   the  number  of 
houses  of  one,  two,  three,  four  or  more  stories,  under  the  Penalty. 
penalty  of  twenty  dollars. 

18.  It  shall  not  be  lawful  for  any  person  to  send  out,  for  it>id,  s.  le. 
the  purpose  of  sweeping  or  scraping  chimneys,  any  boy  or  Hours  for 
boys,  or  any  person  engaged  as  a  chimney  sweep,  from  the  '•*'''''• 
first  of  November  to  the  first  of  April,  inclusive,  at  an 
earlier  hour  than  sunrise  ;  any  person  violating  this  section  i-ei.aity. 
shall  forfeit  and  pay  the  sum  of  five  dollars. 

*  See  as  to  permits  to  erect  buildings,  Article  XLIX,  Taxes. 


154  City  Hall. 

Article  X. — Ordinances. 


May  15,  '7ft 


ARTICLE  X. 

CITY    HALL. 

ORDINANCES  . 


SUPERINTENDENT   OP   CITY   HALL. 

1.  Duties:  salary. 

CITY  MESSENGER. 

2.  Duties:  salary. 

WATCHMEN. 

3.  Day  Watchmen :  duties :  salaries. 


4.  Night  Watchmen :   duties :  sala- 

ries. 

5.  Substitutes. 

ENGINEERS   AND   FIREMEN. 

6.  Duties:  salaries. 

ABSENCE   PROM    DUTY. 

7.  Permission  of  Mayor. 


ORDINANCES  . 
SUPERINTENDENT  OF  CITY  HALL. 


No.  92,  S3,  1.     There   shall    annually   be    appointed,   as   other    citj"- 


Duties,'  officers  are  appointed,  a  Superintendent  of  the  City  Hall,  who 

shall  at  all  times  be  under  the  supervision  and  control  of  the 
Mayor.  He  shall  be  authorized  to  appoint,  subject  to  the 
approval  of  the  Mayor,  such  persons  whose  services  may  be 
required  to  keep  the  City  Plall  at  all  times  in  a  condition  of 
cleanliness,  and  shall  monthly  present  the  pay  roll  of  such  • 
persons  to  the  Mayor  for  his  approval.  He  shall  promptly 
report  to  the  Mayor  all  omissions  of  duty  on  the  part  of 
those  charged  with  the  duties  respectively  of  heating,  clean- 
ing and  watching  the  City  Hall  building.  He  shall,  from 
time  to  time,  as  necessity  may  require,  make  requisitions  for 
fuel  and  such  articles  as  may  be  necessary  for  general  use 
about  the  City  Hall,  subject  to  the  approval  of  the  Mayor, 
and  shall  enter  in  a  book  all  such  requisitions  as  may  be  ap- 
proved by  the  Mayor.     For  his  services  he  shall  be  paid  an 


City  Hall.  155 

Article  X. — Ordinances. 


annual  salary  of  fifteen  hundred  dollars.     Before  entering  salary. 
upon  the  discharge  of  his  duties  he  shall  execute  a  hond  in 
the  sum  of  ten  thousand  dollars  for  the  faithful  discharge  of 
his  trust. 

CITY  MESSENGER. 

2.  There  shall  be  annually  appointed,  as  other  city  offi- iwd.  s.  4. 
cers  are  appointed,  a  City  Messenger,  whose  duty  it  shall  be  Duties, 
to  attend  to  the  office  of  the  Mayor  during  business  hours, 
deliver  messages  for  the  Mayor's,  Register's  and  Comptroller's 
offices,  and  perform  such  other  duties  as  may  be  required  of 

him  by  the  Mayor.  He  shall,  as  a  compensation  for  his 
services,  receive  an  annual  salary  of  nine  hundred  dollars,  salary. 

WATCHMEN. 

3.  There  shall  be  annually  appointed,  as  other  city  offi-  iMd,  s.  5. 
cers  are  appointed,  three  day  watchmen  of  the  City  Hall,  Day  watchmen, 
whose  duty  it  shall  be  to  attend  daily  from  6  o'clock  A.  M.  Duties. 

to  6  o'clock  P.  M.  They  shall  each  wear  an  appropriate 
badge  to  designate  their  office,  and  perform  service  in  such 
portion  of  the  building  as  they  may  from  time  to  time  be 
assigned  to  by  the  Mayor.  They  shall  prevent  all  improper 
persons  from  entering  the  building,  and  promptly  remove 
therefrom  all  persons  who  may  be  gailty  of  any  misconduct. 
They  shall  inform  all  persons  who  desire  it  as  to  the  locality 
of  the  offices  in  the  building,  and  if  required,  conduct  the  party 
seeking  the  information  to  the  same.  They  shall  generally 
perform  such  services  as  may  be  necessary  for  the  protection  of 
the  building,  and  for  the  accommodation  of  those  who  may 
enter  it  on  business,  or  for  other  proper  purposes.  They  shall 
each  receive  for  their  services  one  thousand  dollars  per  annum.  saUries. 

4.  There  shall  be  annually  appointed  as  other  city  officers  ibid,  s.  6. 
are  appointed,  two  night  watchmen  of  the  City  Hall,  whose  mght watch- 
duty  it  shall  be  to  attend  thereto,  from  six  o'clock  P.  M.  to  Duties, 
six  o'clock  A.  M.  ;  one  of  them  shall  perform  duty  in  the 
basement  story  and  cellar  of  the  building,  and  the  other  on 


156 


City  Hall. 


Article  X. — Ordinances. 


Salaries. 
Ibid,  s.  S. 
Substitutes. 


the  floors  above  the  basement.  Their  duty  shall  be  to  move 
about  the  parts  of  the  building  assigned  respectively  to  their 
care  and  charge,  and  should  they,  or  either  of  them  sleep,  or 
lie  down  when  on  service,  he  or  they  shall  be  immediately  dis- 
charged from  office.  As  a  compensation  for  their  services  they 
shall  each  receive  an  annual  salary  of  one  thousand  dollars. 

5.  Neither  the  day  or  the  night  watchmen  shall  place 
any  substitute  on  duty  when  sickness  or  other  circumstances 
may  render  their  absence  necessary,  unless  such  substitute 
shall  first  be  approved  by  the  Mayor. 

ENGINEERS  AND  FIREMEN. 

6.  There    shall    be    annually    appointed    as  other  city 

officers  are  appointed,  two  engineers  and  four  firemen,  whose 

duty  it  shall  be  to  attend  to  the  heating  department  of  the 

building,  and  shall  employ  or  appropriate  such  hours  in  the 

prosecution  of  their  respective  duties  as  may  be  designated 

by  the  Mayor  from  time  to  time  as  necessity  or  circumstances 

may  require  or  suggest.     The  engineers  must  be  practical 

machinists,  who  will  be  capable  of  making  such  repairs  to 

the  heating  apparatus  as  may  be  required.     The  engineers 

shall  each  receive  an  annual  salary  of  twelve  hundred  dollars, 

and  the  firemen  shall  each  receive  an  annual  salary  of  nine 

hundred  dollars. 

ABSENCE  FROM  DUTY. 

7.  None  of  the  foregoing  officers  shall  absent  themselves 
from  duty  without  the  permission  of  the  Mayor. 


Ibid,s.  7. 


Duties. 


Salaries. 


Ibid,  a.  8. 
Permission  of 
Mayor. 


Note.— For  the  ordinances  providing  for  building  of  City  Hall,  see  No. 
73,  Aug.  5,  '68 ;  No.  69,  Oct.  18,  '69 ;  No.  1,  Nov.  4,  '69 ;  No.  4,  Nov.  23,  '69  ; 
No.  10,  Jan.  30, '71 ;  No.  112,  June  24, '71 ;  No.  125,  Sept.  30,  '71;  No.  8, 
Dec.  21,  '71 ;  No.  83,  June  24,  '72,  and  No.  54,  June  9,  1874,  and  resolutions 
No.  27,  Dec.  22,  '69,  and  No.  246,  Oct.  25,  '70. 

Previous  ordinances  and  resolutions  on  this  subject  are  No.  98,  Oct.  16, 
'60 ;  No.  58,  Sept.  25,  '65 ;  No.  48,  July  23,  '67 ;  Res.  No.  123,  June  15,  '63 . 
No.  1,  Nov.  14,  '67;  No.  38,  Dec.  3,  '67;  No.  334,  July  1,  '68;  No.  339,  July 
1,  '68.  Res.  March  16,  '69,  and  April  1,  '69.  See  "  History  of  the  City  Hall," 
published  by  City,  1877,  under  Resolution  No.  493,  Oct.  29, 1875. 

As  to  City  Hall  Stock,  see  Art.  XL VI,  Stocks,  Loans  and  Finance. 


Comptroller  and  Kegister. 


157 


Article  XI. 


ARTICLE  XI. 


COMPTROLLER  AND  REGISTER. 


OKDINANCES. 


COMPTKOLLBR. 

1.  Appointment    of    Comptroller: 

salary :  term  of  office :  bond. 

2.  Duties  of  Comptroller. 

3.  To  supervise  the  fiscal  concerns 

of  the  corporation. 

4.  To  examine  contracts,  issue  li- 

censes, &c.:  open  accounts  with 
all  the  departments :  certify  to 
correctness  of  claims:  report 
all  contracts  to  Council :  report 
when  appropriations  are  ex- 
hausted :  examine  and  certify 
to  correctness  of  pay  rolls. 

5.  Public  improvements. 

6.  To  represent  city  when  property 

insured  is  destroyed. 

7.  Insurance  of  city  property  with- 

out the  city. 

8.  Comptroller  to  bid  at  public  sale 

for  property  sold  for  taxes. 

9.  To  sell  for  cash  property  pur- 

chased :  proviso. 

10.  Payments  to  Collector  and  Reg- 

ister. 

11.  Comptroller  to  take  charge  of 

refuse  material :  to  sell  same 
and  old  metal. 

12.  Refuse    materials,    &c.,    to    be 

handed  over  to  Comptroller. 

13.  Separate  account  of  refuse  ma- 

terial. 

14.  Clerks :  their  duties  and  salaries. 

15.  Bonds  of  clerks. 


16.  When  chief  clerk  to  act  in  ab- 

sence of  Comptroller. 

REGISTER. 

17.  Register  to  be  appointed :  to  give 

bond. 

18.  Deputy  Register:  his  bond :  oath. 

19.  When  deputy  may  officiate. 

20.  Council  to  fill  vacancy:  Mayor 

to  summon  the  Council  to  fill 
vacancy. 

21.  Duties  of  the  Register :  city  seal: 

fees :  exception. 

22.  Further  duties:    record  of   ap- 

pointments :  how  to  dispose  of 
and  draw  for  money:  ac- 
counts: to  report  to  Council. 

23.  When  authorized  to  obtain  ad- 

vances from  bank. 

24.  When  Register  may  borrow. 

25.  Duty  as  to  claims  against  the  city. 

26.  Payments  by  Register. 

27.  Office  hours. 

28.  Clerk  and  assistant  clerk :  addi- 

tional clerk :  compensation : 
extra  assistance :  proviso. 

29.  Salaries  of  Register  and  deputy : 

fees,  how  disposed  of. 

ACCOUNTS. 

30.  System    of    keeping    accounts: 

moneys  paid  out :  moneys  re- 
ceived. 

31.  Tuesdays  and  Fridays,  disburs- 

ing days. 


158  Comptroller  and  Kegisteb. 


Article  XI. — Ordinances. 


ORDINANCES  . 
COMPTROLLER. 
No.  21,  Feb.  28,      1.     Biennially,  in  the  month  of  January,  there  shall  he 

'71 

No.  9.8. 1,  R.  o.  appointed,  in  the  manner  that  other  city  officers  are  appointed. 

Appointment  of  a  qualified  person,  who  shall  he  a  good  accountant,  to  be 
called  Comptroller  of  the  City  of  Baltimore,  at  a  salary  of 

Salary.  two  thousaud  fivc  hundred  dollars  per  annum,  who  shall 

hold  his  office  for  two  years,  and  until  his  successor  shall 

Term  of  office,  liavc  qualified  ;  his  term  of  office  shall  commence  on  the  first 
Monday  of  March  next  succeeding  his  appointment ;  he  shall 
be  liable  to  removal  from  office  in  the  same  manner  as  the 
City  Kegister ;  and  before  entering  upon  his  duties  he  shall 
execute  to  the  Mayor  and  City  Council  of  Baltimore  a  good 

Bond.  and  sufficient  bond,  to  be  approved  by  the  Mayor,  in  the  sum 

of  ten  thousand  dollars,  conditioned  for  the  faithful  dis- 
charge of  his  duties,  and  shall  also  take  the  usual  oath  of 
office. 

No.  9,  s. a,R.        2.     It  shall  be  the  duty  of  said  Comptroller  to  examine. 
Duties  of  comp- audit,  adjust  and  settle  all  accounts  whatsoever   in  which 

troller  as  to  ac-       ,  •  .  i  •    i  i    i  t 

counts,  &c,  the  corporation  is  concerned,  either  as  debtor  or  creditor, 
where  provision  for  the  settlement  thereof  is  made  by  law, 
and  the  settlement  of  which  is  not  especially  committed  by 
ordinance  to  some  other  authority  ;  and  where  no  such  pro- 
vision, or  insufficient  provision  has  been  made,  he  shall  ex- 
amine such  accounts,  and  repot  t  to  the  City  Council,  through 
the  Mayor,  the  facts  relating  thereto,  with  his  opinion 
thereon. 

Ibid,  8. 3.  3.     The  said  Comptroller  shall  supervise  the  fiscal  con- 

To  supervise     cerns  of  all  the  departments,  bureaus  and  officers  of  the  cor- 

the  fiscal  oon-  .  i«iiii  •  ti  ^  it 

cerns  of  the      poratiou  which  Shall  reccivc  or  disbursc  the  public  moneys, 

corporation.  _  i  ./     j 

or  which  are  charged  with  the  management  or  custody 
thereof,  and  may  require  at  any  time  from  these  departments. 


Comptroller  and  Register.  159 

Article  XI. — Ordinances. 

bureaus  or  officers,  an  account,  in  writing,  of  any  moneys 
or  property  of  the  corporation  in  their  hands  or  under  their 
control  ;  he  shall  also  annually  charge  the  City  Collector 
with  the  amount  of  the  annual  levy,  and  credit  him  with 
the  amount  received  as  liaving  been  collected  on  such  levy. 

4.     Said  Comptroller  shall  examine  all  contracts  made  by  imu,  s.  4. 
the  city  officers,  all  requisitions  upon  the  city  treasury,  and  to  examine 

contracts,  issue 

accounts  of  every  nature  against  the  city,  issue  all  licenses,  ucensKs.&c. 
numbers  of  carriages,  wagons  and  other  vehicles,*  he  ac- 
counting with  the  Register  for  the  same,  and  paying  over  to 
him  the  fees  received  for  the  same  ;  he  shall  open  accounts  open  accounts 

with  all  the  de- 

for  appropriations  with  all  the  departments  of  the  city  gov-  panments. 

ernment,  and   report  immediately  to  the  Mayor  wlien  any 

department  shall  overdraw  or  exceed  its  appropriations  ;t  he 

shall  keep  the  titles  to  all  property  owned  by  the  city,  and 

see  that  the  property  of  the  city  is  maintained  in  good  con- 

ditionl  and  that  that  part  of  it  lying  without  the  limits  of 

the  city  is  regularly  insured  ;  he  shall  certify  to  the  correct-  certify  to  the 

•'  ~  '^  .         correctness  of 

ness  of  all  claims,   of  whatsoever  description,  upon  which  claims. 
money  is  due.  and  no  check  shall  issue  but  upon  his  endorse- 
ment of  its  correctness,  which  shall  be  authority  to  the  Reg- 
ister to  issue  his  check,  to  be  countersigned  by  the  Mayor  ;  he 
shall  report  at  such  time  as  is  required  by  law  §  after  the  meet-  f^^'^^'^^^^: 
ing  of  the  Council  in  annual  session,  all  contracts  made  by  the  "'■ 
corporation,  as  directed  or  authorized  by  the  Council,  and  not 
performed  or  completed,  or  upon  which  any  money  remains 
unpaid,  with   the  amount  of  money   remaining   unpaid  on 
each;1f  he  shall  report  forthwith  to  the  Council,  through  the  R^-^p-;-]^-^ 
Mayor,  every  case  in  which  an  appropriation  is  exhausted,  are  exhausted. 

*  See  Horses,  Carriages,  Boats  and  Scows,  Article  VIII,  and  Licenses,  Arti- 
cle XXXIII. 
t  See  further,  sees.  34-37,  p.  24,  an/e. 
X  See  Inspector  of  Buildings,  p.  116,  ante. 
.  I  See  sec.  33,  p.  23,  ante. 
\  See  p.  62,  &c.,  ante. 


160  *  Comptroller  and  Register. 

Article  XI. — Ordinances. 

while  its  object  is  not  completed,  and  accompany  such  report 
with  a  statement  of  moneys  which  have  been  drawn  on  such 
appropriations,  the  particular  purposes  for  which  they  were 
drawn,  and  the  cause  of  the  deficiency,  and  an  estimate  of 
the  amount  that  will  be  necessary  to  complete  the  object  of 
Examine  and     the  appropriation  ;    he  shall  examine  into  and  certify  the 
rectness  of  pay  sufficicncy  of  all  bonds  required  to  be  taken  by  the  Mayor  ; 
he  shall  examine  and  certify  to  the  correctness  of  all  pay- 
Affidavit,         rolls  and  salaries  of  all  officers  of  every  grade,  affidavits  be- 
ing made  in  all  cases  where  required  before  the  justice  of  the 
peace  appointed  by  the  city  within  the  district  where  said 
parties  reside,  or  may  be  stationed  for  the  time  being,  before 
said  pay-rolls  are  submitted  for  settlement. 

Reg.  iVo.  128,  5.     The  Comptroller  and  Register  shall  not  accept,  pass, 

June  27, '65.  ,  i  -n  i  •  i      •         i 

Public  im-       Settle  or  pay  any  bill  or  order,  m  their  departments,  tor 

provements.  ,,..  ,,  ..,,  , 

public  improvements,  unless  due  provision  has  been  made 
for  the  payment  of  the  same  by  an  act  of  legislation  making 
an  appropriation  for  such  purpose.* 

No.  9,8. 7,  R.  6.  The  Comptroller  is  authorized  to  represent  the  city  in 
Torppresent  ^^  cases  whcrc  damage  has  or  may  occur  from  fire  to  any 
eny  hiswedTs^'  property  of  the  corporation,  which  may  have  been  insured, 

destroyed. 

and  any  moneys  that  may  be  awarded  to  the  city  by  reason 
of  loss  from  fire,  shall  be  paid  into  the  city  treasury,  and 
the  Inspector  of  Buildings  is  hereby  authorised  to  expend  the 
same  in  repairing  such  property  as  may  have  been  injured 
by  fire,  should  he,  in  conjunction  with  the  Mayor,  deem  it 
expedient  to  make  such  repair,  and  if  not  deemed  expedient, 
the  money  received  for  such  damage  by  fire,  shall  be  paid 
by  him  into  the  city  treasury,  and  he  shall  draw  on  the 
Register,  with  the  approbation  of  the  Mayor,  for  the  amount 
of  such  repairs. 

*  See  Const.,  sec.  7,  p.  6,  ante. 

For  duties  of  Comptroller  as  keeper  of  title  deeds,  «&c.,  see  p.  65,  ante. 


Comptroller  and  Register.  161 

Article  XI. — Ordinances. 

7.  Hereafter  the  Comptroller  is  authorized  and  directed  Res.  no.  197, 

^  .  .  June  7, '72. 

to  cease  insuring  the  property  owned  by  the  city  and  lying  insurance  of 

city  property. 

within  the  corporation  limits  from  loss  or  damage  by  nre ; 
provided,  however,  that  nothing  herein  shall  prevent  the  Proriso. 
said  Comptroller  from  taking  proper  precautionary  measures 
to  insure  and  keep  insured  all  property  owned  by  the  city 
lying  without  the  limits  of  the  City  of  Baltimore. 

8.  The  Comptroller  is  hereby  authorized  and  directed,  no. 47,  s.i, 

^  ""  July  15.  '62. 


ler  to 


,  .  ,  July  IS, '« 

when  in  his  opinion  the  interest  of  the  city  requires  it,  to  bid  comptrou 

bid  at  public 

for  account  of  the  Mayor  and  City  Council  of  Baltimore,  on  sale  for  proper- 

•'  "  ty  sola  for 

any  real  or  leasehold  property  offered  at  public  sale  by  the  taxes. 
Collector  to  pay  taxes  in  arrears  due  the  city  of  Baltimore 
and  State  of  Maryland,  to  such  amount  as  he  may  deem 
necessary  to  pay  said  taxes,  together  with  interest  and  ex- 
penses due  and  chargeable  thereon,  and  no  more  ;  any  pro- 
perty that  may  be  so  purchased  shall  be  held  subject  to  re- 
demption at  any  time  within  one  year  and  a  day  from  the  day 
of  sale,  by  the  owner  thereof  or  other  parties  in  interest,  as 
provided  for  by  the  laws  of  the  State  and  ordinances  of  the 
city. 

9.  The  Comptroller  is  hereby  authorized  and  directed  to  ibid, s.  2. 
sell  for  cash,  any  property  that  may  be  purchased  by  him  Jo^seu  forj=ash 
as  aforesaid,  and  not  redeemed  within  the  time  limited  by  chased. 

law  and  ordinance,  in  such  way  as  he  may  think  best,  and 
as  soon  as  practicable,  deliver  to  the  purchaser  or  purchasers 
a  deed  for  the  city's  interest  in  the  same  ;  provided  however.  Proviso, 
that  said  property  shall  be  sold  for  a  sum  not  less  than  the 
amount  of  taxes,  together  with  all  costs,  charges  and  interest 
due  and  chargeable  thereon. 

10.  The  Comptroller  is  hereby  directed,  as  soon  as  he  has  md,  s.  3. 
received  the  money  for  the  property  sold  by  him  as  aforesaid,  Pa^ments^to^ 
to  pay  over  to  the  Collector  the  amount  of  taxes,  together  Register. 
with  all  interest  and  charges  due  and  chargeable  on  said 


162  Comptroller  and  Register. 


Article  XI. — Ordinances. 


property  on  the  books  of  the  Collector,  and  any  balance  that 
may  be  left,  after  paying  the  costs  and  expenses  incurred  by 
the  Comptroller  in  the  purchase  and  sale  of  said  property, 
shall  be  by  him  paid  over  to  the  Register  of  the  City  and 
pass  into  the  city  treasury. 

No.  13.  s.  1,  11.     It  shall  be  the  duty  of   the    Comptroller   to  take 

Ap'l  4,  '62. 

Comptroller  to   charge  of  and  keep  an  account  of  all  refuse  material  that 

take  charge  of 

refuse  material,  may  accumulatc  in  the  City  Commissioner's,  and  other  de- 
partments of  tlie  city,  the  articles  laid  aside  as  useless  at  the 
said  departments,  to  be  taken  charge  of  and  accounted  for 
by  those  having  supervision  of  the  same.     And  it  shall  also 

Toaeiiow:       bc  the  duty  of  the  Comptroller  to  dispose  of  at  private  or 

metal  and  re-  , 

fuse  materials,  public  8ale_,  to  the  bcst  advantage,  all  old  metal  and  refuse 
materials  of  every  kind,  and  pay  the  proceeds  over  to  the 
City  Register,  specifying  at  the  same  time  the  articles,  price, 
and  to  whom  sold. 

Ibid,  s. 2.  12.     The  City  Commissioner  and  other  persons  having 

Refuse  materi-  City  property  uudcr  their  charge,  shall  set  aside,  on  or  be- 

als,  &c..  to  be 

handed  over  to  fore  the  first  day  of  each  month,  such  old  metal  and  other 

Comptroller.  ''  ' 

materials  as  mentioned  in  the  preceding  section,  and  hand 
the  same  over  to  the  Comptroller,  they  taking  and  keeping 
an  account  thereof. 

Ibid, 8. 4.  13.     The  Comptroller  is  hereby  directed  to  open  a  separate 

counrof  "efuse  account  for  the  department  of  refuse  material. 

material. 

No  2.  Nov.  29,       14.     The  Comptroller  is  authorized  to  employ  in  his  office  a 

'76;  ^f 0.28,  Mar.         .  '  .  ^      ''  . 

30, '70.  chief  clerk,  and  two  assistant  clerks,  who  shall  perform  such 

Clerks.  duties  as  may  be  required  of  them  by  the  Comptroller.     The 

Duties.  salary  of  the  chief  clerk  of  the   Comptroller's  department 

No.  21, Feb.  28,  is  fixcd  at  the  sum  of  fourteen  hundred  dollars  :  that  of  the 

'71.  ,  ' 

No.  2, Nov.  29,  first  assistant  clerk  at  the  sum  of  eleven  hundred  dollars 
Salaries.  per  auDum,  payable  monthly,  and  that  of  the  second  assist- 

ant clerk  at  the  sum  of  one  thousand  dollars  per  annum, 
payable  monthly.     The  Comptroller  is  authorized  to  obtain 


Comptroller  and  Register.  163 

Article  XI. — Ordinances. 

such  extra  assistance  in  liis  office  as  may  he  required  ;  pro-  No. 55, April 26, 

•  1    1     1        11  111  1    ,  '"'';  N0.59,' 

vided,  the  whole  expense  shall   not  exceed  the  sum  of  six  A"?- '3- '62. 

^  Extra  assist- 

hundred  dollars.  *'»<=*• 

15.  The  chief   clerk   of  the  Comptroller's    department  no.  44,  s.  1, 

^  '■  June  4, '77. 

shall  be  required  to  execute  to  the  Mayor  and  City  Council,  Bonds  of  cierks. 
a  good  and.  sufficient  bond,  to  be  approved  by  the  Mayor 
and  Comptroller,  and  certified  by  the  City  Solicitor,  for  the 
sum  of  five  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office ;  and  the  other  clerks  in 
said  office  shall,  in  the  same  manner  or  form,  give  good  and 
sufficient  bond  in  the  sum  of  two  thousand  dollars. 

16.  In  the  event  of  the  necessary  absence  of  the  City  ibw, 8.2. 
Comptroller  from  his  office  from  sickness  or  any  other  cause,  when  chief 

^  clerk  to  act  in 

the  chief  clerk  may,  by  obtaining  the  written  certified  ^^- ^om'^pttMei. 
thority  of  the  Mayor  (which  certificate  must,  on  each  day 
that  the  Comptroller  may  be  absent,  be  renewed)  issue  war- 
rants to  the  City  Register,  authorizing  the  receiving  of 
moneys  for  the  use  of  the  city,  or  draw  warrants  on  that 
office  for  the  payment  of  claims  against  the  city  ;  provided  Proviso, 
the  City  Register  may,  if  he  should  entertain  doubts  as  to 
the  validity  of  such  claim,  suspend  the  payment  of  the  same 
until  such  time  as  the  Comptroller  may  resume  the  duties 
of  his  office. 

REGISTER. 

17.  There  shall  be  biennially  appointed  in  the  month  ^^ No-^^gi'j^-^ 
January,    by  a   convention  of  both  branches  of  the  City  aij^esj  no.  esj^ 
Council,  a   person  of  integrity  to  serve  as   Register  of  the  ae,  April ae, '64. 
City,  who  shall  perform  the  duties  required  of  him  either  Reguter  to  be 
by  this  or  any  other  ordinance,  and  who  shall,  before   he 

enters  upon  the  duties  of  his  office,  execute  a  bond  to  the  Topivebond. 
corporation,  with   such   securities  as   the  Mayor  and  presi- 
dents of  the  respective  branches  of  the  Council  may  approve, 
in  the  penal  sum  of  fifty  thousand  dollars,  and  with  the 


164 


Comptroller  and  Register. 


Article  XI. — Ordiuances. 


No.  8,  s.  2,  R. 
o. 

May  appoint  a 
deputy. 


condition  that  he  will  faithfully  discharge  his  duties  and  the 
trust  reposed  in  him,  which  bond  shall  be  deposited  by  the 
Mayor  in  such  fire  proof  vault  as  he  may  select  during  his 
term  of  office,  and  at  the  expirdtion  thereof,  be  delivered  by 
him  to  his  successor. 

18.  The  Register  is  hereby  authorized  and  directed  to  ap- 
point a  deputy,  who  shall  make  all  collections  for  the  Com- 
missioneis  of  Finance  for  rents  of  city  property,  and  who 
shall  perform  all  such  duties  of  the  office  as  the  Register 
shall  from  time  to  time  prescribe  and  direct,  for  whose  acts 
the  Register  shall  be  held  responsible  ;  the  Register  shall 
have  power  to  require  from  his  said  deputy  a  bond,  with 
condition  for  the  faithful  performance  of  his  duties,  with 
such  penalty  and  such  security  as  he  may  deem  proper,  and 
before  he  enters  upon  the  duties  of  his  office,  the  said  de- 
puty shall  take  the  oath  prescribed  to  officers  of  the  corpora- 
tion.* 

19.  In  the  event  of  the  necessary  absence  of  the  Register 
from  sickness  or  other  cause,  the  said  deputy,  with  the 
written  assent  of  the  Mayor,  shall  have  full  power  and  au- 
thority to  exercise  and  perform  all  the  duties  of  the  Reg- 
ister. 

20.  Whenever  a  vacancy  shall  occur  in  the  office  of 
Register  of  the  City,  it  shall  be  the  duty  of  the  convention 
of  the  two  branches  of  the  City  Council  to  fill  such  vacancy, 
and  the  person  appointed  to  fill  such  vaca,ncy  shall,  before 
he  enters  upon  the  duties  of  his  office,  execute  a  bond  agree- 
ably to  the  provisions  of  the  first  section  of  this  ordinance, 
and  it  sh^ll  be  the  duty  of  the  Mayor  forthwith  to  summon 
the  City  Council  for  the  purpose  of  filling  the  said  vacancy 
in  the  office  of  Register,  if  the  same  shall  occur  during  the 
recess. 


May  rc-qiiire 
bond  from  his 
deputy. 


Oath. 


Ibid,  s.  3. 

When  deputy 
may  officiate. 


Ibid,  s.  4. 

Council  to  fill 
vacancy. 


Mayor  to  sum- 
mon the  Coun- 
cil to  fill  va- 
cancy. 


■  See  p.  22,  ante. 


COMPTKOLLER   AND    REGISTER.  165 


Article  XI. — Ordinances. 


21.  The  Register  shall  take  under  his  chaijje  and  keep- iwd, s. s;  no. 
ing  the  corporate  seal  of  the  city,  and  use  it  in  all  cases  DutiesVthe 
which  now  are  or  may  hereafter  be  required,  either  by  the    ^^^^^^' 
laws  of  the  United  States,  the  several  States,  the  ordinances  city  seal. 

of  this  corporation,  or  the  usage  and  customs  of  nations, 
whenever  applied  to  for  that  purpose  ;  and  for  each  and 
every  seal  which  he  shall  affix  to  an  instrument  or  insiru- 
ments  of  writing  he  shall  be  entitled  to  receive  for  the  use  Fees, 
of  the  city  the  sum  of  two  dolhus,  except  that  in  cases  where  Exception, 
the  Register's  certificate,  under  seal,  shall  be  required  to  be 
used  as  evidence  in  the  claims  of  soldiers  and  seamen  in  the 
United  States  service,  or  in  the  claims  of  their  widows,  or 
heirs  of  such  as  have  died,  or  may  hereafter  die  in  the  ser- 
vice ;  in  which  cases  he  shall  furnish  such  certificate  with- 
out any  charge  whatever.  He  shall  further  be  authorized 
to  charge  and  receive  the  following  fees :  for  authenticating  Fees. 
copies  of  records,  fiiteen  cents  for  each  and  every  sheet  con- 
taining one  hundred  words,  and  so,  pro  rata,  for  every 
search,  and  lor  every  certificate  to  a  copy  twenty-five  cents, 
for  the  use  aforesaid, 

22.  The  Register  shall  record,  or  cause  to  be  recorded,  iMd.s.e. 

in  a  book  or  books,  all  appointments  of  each  and  every  ofii-  Kurther^duUes. 
cer  of  this  corporation  ;  and  shall  take  under  his  charge  all  pointments. 
money  now  belonging  to  or  which  may  hereafter  belong  to  J^f7„^7^i^^°f^« 
this  corporation,  and  shall  immediately  deposit  the  same  in  """ey- 
the  National  Farmers'  and  Planters'  Bank  of  Baltimore,  or 
such  other  bank  as  the  Mayor  and  presidents  of  the  two 
branches  may  think  proper,  in  the  name  of  the  Mayor  and 
City  Council  of  Baltimore ;  and  he  is  hereby  directed,  upon 
endorsement  of  their  correctness  by  the  Comptroller,  to  make 
all  payments  with  checks  on  said  bank,  countersigned  by 
the  Mayor,  and  drawn  to  the  order  of  some  person  or  per- 
sons having  authorized  claims  against  the  city,  and  for  the 
exact  amount  thereof,  which  he  shall  regularly  enter  in  a 


166 


CoMPTKOLLEB    AND   REGISTER. 


Article  XI. — Ordinances. 


Accounts. 


To  report  to 
Council 


bank  book,  particularly  stating  the  date,  the  name  of  the 
person  or  persons,  and  the  amount ;  and  it  shall  be  his  duty 
to  keep  regular  and  correct  accounts,  in  a  book  or  books,  in 
folio,  of  all  money  received  and  expended  by  him  on  account 
of  the  city,  particularly  stating,  under  proper  heads,  the 
specific  objects  whence  received  and  for  what  expended  ;  and 
he  shall  annually  lay  before  the  Council,  as  soon  after  the 
thirty-first  day  of  December  as  practicable,  his  account  of 
all  moneys  received  and  expended  by  him  during  the  past 
year,  supported  by  proper  vouchers  ;  also  a  statement  of  the 
estimated  receipts  and  payments  required  for  the  current 
year,  and  any  other  information  connected  with  the  finances 
of  the  city  which  may  be  calculated  to  aid  tbe  Council  in  their 
deliberations  upon  the  subject ;  and  when  required  by  the 
Mayor,  he  shall  exhibit  to  him  his  accounts  and  vouchers, 
his  bank  book  and  crossed  checks. 


Ibid,  s.  8.  23.     In  anticipation  of  the  revenue  from  collections,  under 

When  author-    the  levics  made  for  that  purpose,  the  Register  is  herebv 

ized  to  obtain  r       r  j  d  j 

bank""^^"^""  authorized  to  make  such  arrangements  with  the  bank  in 
which  the  account  of  tbe  cty  is  or  may  be  kept,  for  the  ad- 
vance of  such  sum  or  sums  of  money  as  may  be  required 
from  time  to  time  to  enable  him  punctually  lo  meet  the 
interest  on  the  city  stock  debt — the  bank  so  advancing  the 
money  to  apply  it  to  the  payment  of  such  interest. 

No.96,  Apui         24.     The  City  Register,  with  the  aj)proval  of  tlie  Mayor, 
When  Register  is  hereby  authorized  to  borrow  funds,  bv  note   or  otherwise, 

may  borrow.  "^  ' 

to  meet  the  maturing  obligations  and   requirements  of  the 
city,  when  in  their -judgment  the  same  may  be  required. 

25.  It  shall  be  the  duty  of  the  Register  to  ascertain  the 
amounts  of  all  claims  that  may  be  made  against  the  corpora- 
tion, and  report  the  same  to  the  City  Council  as  soon  after 
the  termination  of  each  fiscal  year  as  practicable. 


No.  8,  s.  13,  R. 
O. 

Duty  as  to 
claims  against 
the  city. 


Comptroller  and  Kegistkr.  167 

Article  XI. — Ordinances. 

26.  It  shall  not  be  lawful  for  the  Register  to  pay  to  any  no.  59,  s.  3,  Ap- 
person  or  persons  any  sum  of  money  on  account  of  the  in- Payments  by 

1  /•      1        /-^  Register. 

dividual  or  committee  expenses  of  any  member  of  the  Coun- 
cil, (excepting  salary)  unless  the  same  be  authorized 
by  ordinance  specially  enacted  for  the  payment  of  the 
same.* 

27.  The  Register  shall  attend  at  his  office  in  the  City  iwd.s.  is. 
Hall  every  day  (Sundays  excepted)  from  nine  o'clock  in  the  office  hours. 
morning  to  three  in  the  afternoon,  unless  prevented  by  sick- 
ness or  other  unavoidable  cause. 

28      The  Register  is  authorized  to  employ  in  his  office  a  Tbui,  ss. 2,  n, 

11111^0  .-ts.  May  6, 

clerk,  whose  compensation  shall  be  fourteen  hundred  dollars  'gs;  No.35,May 

'  *■  14,   07 ;  No.  b;>, 

per  annum,  and  an  assistant  clerk,  whose  compensation  shall  .^*y"i ':!'',' 'm! 
be  nine  hundred  dollars  per  annum;  and  one  additional  J^o;m-!^No.4!' 
clerk  whose  annual  salary  shall  not  exceed  twelve  hundred  no.  59,  au?.  13, 

''  .      '62,  clerk  and 

dollars  ;    and  the  Register  is  further  authorized  to  obtain  ^*^^''*'^'=^^'"''- 
such   extra   assistance   in    his  office   as  may   be  required  ;  ^^SHI^io'^ir"' 
provided  the  whole  expense  shall  not  exceed  the  sum  of  six  compeusHtion. 

^  Extra  assist'ce. 

hundred  dollars.  proviso. 

29.     The  Register  shall  receive  for  his  services  the  com- No.B,^s.n,R. 
pensation  of  three  thousand  dollars  per  annum,  and  the  '^l»\^?^f'' 
deputy  register  eighteen   hundred  dollars  per  annum,  pay- ^"..'{'I'J"'"' 
able  monthly  :  and  all  fees  or  perquisites  of  or  appertaining  sa^i^ryofRegis- 

,  ,  ,     ,     ^  ,.    ,  1       No.  U\,  June 

to  the  office  or  allowable  to  them  under  the  statutes  of  the  |3Jiy  ^j.  ^^^^ 
State  or  ordinances  of  the  corporation  of  Baltimore,  (except  uty. 
tl\e  payment  made  to  the  Register  by  the  State  Treasurer, 
under  the  authority  of   sec.  94  of  Art.  81,  Public  General 
Laws,  being  1874,  c.  483,)  shall  be  paid  in  the  city  trea- 
sury.f 

*  See  sees.  30-31,  p.  23,  ante. 

t  See  statutes  under  article  XLIX,  Taxes. 

For  the  Register's  duties  as  to  Stocks  and  Finances,  see  article  XLVI. 


168 


Comptroller  and  Rkgistee. 


Article  XI. — Ordinances. 


Res.  No.  32, 
Feb.  14,  '77. 
System  of  keep- 
ing accounts. 


Moneys  paid 
out. 


Moneys  re- 
ceived. 


No.  20,  April 
20,  '78. 

Tuesdays  and 
Fridays,  dis- 
bursing days. 


ACCOUNTS. 

30.  The  Mayor,  Comptroller  and  Register  are  hereby  re- 
quested to  adopt  a  system  of  keeping  the  accounts  in  the 
different  departments  of  the  City  Government  as  will  fully 
protect  all  the  interests  of  the  city,  and  to  devise  a  system  of 
checks  by  which  each  department  shall  be  held  responsible  for 
all  the  receipts  and  expenditures.  Hereafter  no  money  shall 
be  paid  out  for  any  purpose  in  any  of  the  departments,  except 
through  a  warrant  of  the  Comptroller  upon  the  City  Register, 
and  all  moneys  received  for  any  object  or  purpose  whatever 
shall  be  turned  in  to  the  City  Comptroller,  excepting  that 
received  by  the  tax  department,  and  by  him  delivered  in 
turn  to  the  City  Register. 

3 1 .  The  officers  of  the  City  Government  who  are  charged 
with  the  duty  of  issuing  warrants  and  checks  in  favor  of  the 
creditors  of  the  city  are  imperatively  required  to  be  present 
in  their  respective  offices  on  Tuesday  and  Friday  of  each 
week,  from  9  o'clock  A.  M.  to  2  o'clock  P.  M.,  in  order  to 
discharge,  without  delay,  to  the  holders  of  claims  against 
the  city,  the  duties  required  of  them  in  the  aforegoing  con- 
nection .  * 


*  This  ordinance  recites  tlie  following  regulation  : 

At  a  conference  held  by  the  Mayor,  Comptroller  and  Register,  on  February 
19,  1877,  iu  virtue  of  the  above  resolution,  [being  sec.  30,]  the  following 
preamble  and  rules  were  adopted : 

It  is  evidently  the  purpose  and  intent  of  the  resolution  of  the 'Mayor  and 
City  Council  of  February  14th,  1877,  that  all  the  moneys  received  by  the 
several  departments  of  the  City  Government  shall,  by  the  process  of  a  re- 
ceiving warrant  from  the, Comptroller,  be  paid  to  the  City  Register. 

From  the  language  of  the  resolution  aforesaid,  it  is  also  manifestly  the 
intention  that  the  department  of  the  Comptroller  shall  be  a  general  auditing 
and  adjusting  office,  as  well  as  a  general  depository  of  all  bills  or  vouchers 
on  which  money  shall  be  drawn  or  paid,  and  that  the  Register's  department 
sliall  be  a  general  disbursing  office,  under  the  restriction  imposed  by  the 
resolution  aforesaid — that  "  no  money  shall  be  paid  out  for  any  purpose  in 
any  of  the  departments  except  through  a  warrant  of  the  Comptroller  upon 
the  City  Register." 


Comptroller  and  Register.  169 


Article  XI.— Ordinances. 


To  the  end,  therefore,  that  this  resolution  shall,  so  far  as  may  be  practi- 
cable, be  rendered  eflFective  as  provided  therein,  be  it  Resolved  by  the  Mayor, 
Comptroller  and  Register  of  the  City,  as  follows,  to  wit : 

Ist.  That  the  several  departments  of  the  City  Government,  whenever  the 
sum  of  money  received  by  them  respectively  shall  amount  to  five  hundred 
dollars,  shall  report  the  same  to  the  City  Comptroller,  specifying  the  source 
or  sources  from  which  it  was  received,  and  obtain  from  him  a  receiving  war- 
rant to  pay  such  money  to  the  City  Register.  Provided  that  no  department 
shall  be  required  to  make  more  than  one  payment  on  any  one  day;  and 
provided  further,  that  all  of  the  departments  that  may  receive  money  as 
revenue  shall,  on  the  first  Wednesday  of  each  month,  pay  over  to  the  City 
Register,  on  the  receiving  warrant  of  the  Comptroller,  such  sura  as  may 
respectively  be  in  their  possession. 

2d.  That  eacli  department  shall  take  duplicate  bills  of  every  item  of  ex- 
pense it  may  contract  for  or  incur,  one  of  which  shall  be  retained  and  filed 
in  the  department,  and  the  other  bill  or  voucher,  with  a  warrant  from  such 
department  on  the  Comptroller  for  the  payment  of  the  same,  shall  be  sent  to 
the  City  Comptroller.  Provided  that  the  pay  rolls  of  each  department  may 
be  drawn  in  favor  of  its  proper  accredited  officer;  sucli  pay  roll,  however, 
to  be  filed  in  the  office  of  the  Comptroller  as  are  other  bills  or  vouchers ;  and 
provided  further,  that  in  cases  of  contracts  in  which  money  may  be  payable 
on  account,  the  department  having  a  contract  in  charge  shall  take  duplicate 
receipts,  one  of  which  shall  be  retained,  and  the  other,  with  a  warrant  on 
the  Comptroller,  shall  be  sent  to  that  officer. 

3d.  The  offices  of  the  Comptroller  and  the  Register  shall  be  open  on  Tues- 
day and  Friday  of  each  week,  from  9  o'clock  A.  M.  to  2  o'clock  P.  M.,  for 
the  issuing  of  warrants  and  the  payment  of  the  same,  respectively;  and  that  all 
warrants  issued  by  the  departments  for  the  payment  of  money,  with  accom- 
panying bills  or  vouchers,  shall,  if  required  by  the  Comptroller,  be  deposited 
in  his  office  before  12  o'clock  M.  on  the  day  preceding  the  day  of  payment, 
to  the  end  that  the  same  may  be  audited  and  warrants  issued  without  much 
detention  on  the  day  of  payment ;  provided  that  so  much  of  this  rule  as  may 
require  a  deposit  in  advance  of  the  day  of  payment  shall  not  apply  to  bills 
or  warrants  for  the  sum  of  ten  dollars  or  less. 

4th.  The  teachers  and  officers  of  the  public  schools,  city  officers,  officers 
of  the  courts,  as  well  as  the  expenses  of  the  courts,  shall  be  paid  as  provided 
by  existing  ordinances. 

5th.  Much  embarrassment  has  been  experienced  in  the  filing  and  in  the 
examination  of  papers  on  file,  in  consequence  of  many  bills  or  vouchers 
being  written  on  small  slips  of  paper,  therefore  no  bill  or  voucher  will  be 
recognized  at  the  office  of  the  City  Comptroller  that  measures  less  than  seven 
inches  by  three  and  one-half  inches,  and  which  is  not  written  in  ink. 

6th.  The  foregoing  regulations  shall  take  effect  on  the  1st  day  of  March, 
1877,  and  the  several  departments  shall  be  notified  accordingly. 


170 


Coroners. 


Article  XII. — Statute. 


ARTICLE  XIL 


COKONERS 


STATUTE 


1.  Four  coroners :    term   of    office : 

salary :  proviso :  oath  and  bf)ncl. 

2.  Coroners  to  be  assigned   t^  dis- 

tricts: deputies. 

3.  Duties  of  coroners:  juries  not  to 

be  paid  :  when  expenses  of  in- 
terment to  be  paid  by  Register : 
proviso. 


Monthly  report  to  Police  Com- 
missioners :  money,  &c.,  to  be 
deposited  in  bank  to  order  of 
Judges  of  Orphans'  Court. 


ORDINANCE 


MORGUE. 

1.  Dead  house:   what  bodies  to  be 

placed  therein. 

2.  How  long  bodies  to  remain. 


Preservation  of  clothing,  &c.  : 
when  coroner  to  dispose  of  same. 

Vault  in  Eastern  Potter's  Field  : 
how  long  bodies  to  remain. 


STATUTE. 

1878,  c.  347.  1.     The  Governor,  by  and  with  the  advice  and  consent  of 

Four  coioners.  the  Senate,  shall  appoint  and  commission   four  competent 
persons,  to  act  as  Coroners  for  the  city  of  Baltimore,  to  hold 
Termor  office,  officc  during  the  period  of  two  years,  at  an  annual  salary  of 
Salary.  six  huudrcd  dollars  each^  payable  quarterly,  by  the  Register 

Proviso.  of  said  city;  provided,  that  before  entering  upon  the  duties 

of  their  ofi&ce,  the  persons  appointed  coroners  shall  take  the 
oaih  and  Bond,  oatli  of  officc  prescribed  by  the  Constitution  of  the  State  of 
Maryland,  for  office  holders  ;  and  further,  they  shall  give 
bond  to  the  said  State  of  Maryland,  witli  security,  to  be  ap- 
proved by  the  judge  of  the  Superior  Court  of  Baltimore 


Coroners.  171 

Article  XII.— Statute. 


City,  in  the  penalty  of  two  thousand  dollars  each,  conditioned 
for  the  faithful  performance  of  their  duties,  as  now  prescribed 
by  law,  or  which  shall  hereafter  be  prescribed. 

2.  Each  of  the  four  coroners  shall  be  assigned  to  such  i87d, c.  45. 
sub-division  or  district  of  the  city  of  Baltimore,  as  the  Gov-  coroners  to  be 

assigned  to  dis- 

ernor  may  direct,  and  in  case  of  absence  or  illness  of  any  i"«ts. 
coroner,  he  shall  deputize  some  competent  person  to  attend  Deputies. 
to  the  duties  of  his  office  during  his  absence  or  illness. 

3.  The  coroner  shall   hold  an  inquest  over  any  person  ma, c.  45. 

found  dead  in  his  district,  in  said  city,  when  the  manner  Duties  of  coro- 
ners. 
and  cause  of  death  shall  not  be  already  known  as  accidental, 

or  in  the  course  of  nature.     No  coroner's  jury  in  said  city  juriesnotto  be 

paid. 

shall  receive  any  fee  or  compensation  for  services  as  such, 
and  said  coroners  are  hereby  authorized  and  empowered  to 
issue  their  certificates  to  the  Register  of  Baltimore  City,  for  when  expenses 

°  01  inierment  to 

the  payment  of  such  expenses  as  may  be  necessary  for  the  j^^  P»>'"'y  «««- 

interment  of  any  person  over  whom  they,  or  either  of  them, 

has  held  an  inquest,  and  whose  body  is  not  claimed  by  friends 

or  relatives  ;  provided,  the  amount  of  such  expenses  shall  Pioviso. 

not  in  any  case  exceed  the  sum  of  seven  dollars. 

4.  Each  of  said  coroners  shall  make  a  monthly  report  to  ih73,c.45. 
the  Police  Commissioners  of  Baltimore  City,  of  the  number  Monthly  report 

to  A  01IC6  L'Om*' 

of  inquests  held  by  him  during  the  month  last  past  before  missioners. 
said  report,  with  a  full  description,  as  far  as  may  be,  of  the 
persons  wlio  are  the  subjects  of  such  inquests,  their  sex,  age, 
color  and  nationality,  the  cause  and  mode  of  their  death, 
and  such  other   particulars  as  may  be  necessary  to  their 
identification  in  case  of  strangers  and  unknown  persons  ;  and 
each  of  said  coroners  shall  also,  immediately  after  holding 
an  inquest,  deposit  in  some  bank  of  Baltimore  city,  subject  Money,  &c^.,to^ 
to  the  order  of  the  judges  of  the  Orphans'  Court  of  said  city,  tfJJo^J^ 
all  property,  money  and  other  effects  found  upon  the  person  plans' court, 
of  those  over  whom  he  shall  hold  inquest  as  hereinbefore 
provided. 


172 


Coroners. 


Article  XII. — Ordinance. 


ORDINANCE 


What  bodies  to 
be  placed 
therein. 


MORGUE. 
No.  55,  s.  1,  1.  The  City  Commissioner  is  hereby  authorized  and  directed 

July  24, '69.  .  .  .    ,        ,  IT  .1 

Morgue  or  Dead  to  crect,  in  connection  with  the  central  police  station  house 
of  Baltimore  city,  a  morgue  or  dead  house  for  the  reception 
and  keeping  for  identification  of  the  bodies  of  unknown 
persons  dying  within  the  city,  and  such  other  bodies  as  may 
be  directed  to  be  placed  therein  by  the  coroners  of  Baltimore 
city,  except  bodies  which  may  be  so  far  decomposed  as  to  be 
beyond  the  probability  of  recognition,  and  the  bodies  of 
those  who  may  have  died  of  contagious  diseases. 

2.  All  bodies  not  identified  and  claimed  shall  remain  in 
said  dead  house  for  at  least  twenty-four  hours,  and  the  City 
Commissioner,  in  the  erection  of  said  dead  house,  shall  make 
such  arrangements  as  may  be  necessary  for  the  proper  preser- 
vation of  such  bodies. 

3.  The  City  Commissioner  shall  provide  a  room  in  said 
Preservation  of  poHcc  station  housc,  for  the  preservation  of  the  clothing,  for 

clothing,  &c.  ....  . 

the  purpose  of  identification,  of  all  deceased  persons  buried 

from  said  dead   house,   which  clothing   shall   be  carefully 

When  Coroner  numbered  and  retained  for  twelve  months,  after  which  time, 

to  dispose  of         ,  _ 

same.  jf  not  reclaimed,  it  shall  be  disposed  of  by  the  coroners,  as 

required  by  section  154,  of  Article  IV  of  the  Code  of  Public 
Local  Laws  ;sec.  4,  of  this  Article.) 


Ibid,  s.  9. 

How  long 
bodies  to  re- 
main. 


Ibid,  s.  3. 


Ibid,  8.  4. 

Vault  in  East- 
ern Potter's 
Field 


4.  The  City  Commissioner  is  hereby  authorized  and  di- 
rected to  build  in  the  Eastern  Potter's  Field  a  vault  of  such 
dimensions  as  he  may  deem  proper  for  the  objects  contem- 
plated by  this  ordinance  ;  and  all  said  bodies  unclaimed, 
after  the  time  mentioned  in  the  preceding  section,  shall  be 
removed  to  said  vault,  and  each  body  placed  in  said  vault 
between  the  first  day  of  September  and  the  first  day  of  May, 


C0R0NER6.  173 

Article  XII. — Ordinance. 


shall  remain  at  least  fifteen  days  ;  and  each  body  placed  in 
said  vault  between  the  first  day  of  May  and  the  first  day  of 
September,  shall  remain  at  least  ten  days  before  final  inter- 
ment, except  such  bodies  as  are  excepted  in  section  first  of 
this  ordinance.* 

*  See  Potter's  Fields,  under  Art.  XXIII,  Health. 

By  resolution  No.  383,  June  30, 1875,  the  Comptroller  was  authorized  to 
sell  at  public  auction,  the  lot  or  parcel  of  ground  owned  by  the  Mayor  and 
City  Council  of  Baltimore  and  used  as  the  Eastern  Potter's  Field,  upon 
such  terms  as  might,  in  his  judgment,  be  most  conducive  to  the  interest  of 
the  corporation.  The  concluding  part  of  this  resolution  was  repealed  by 
resolution  No.  234,  May  26,  1876.  See  resolution  No.  350,  Oct.  21,  '72,  and 
resolution  No.  384,  Oct.  30,  '72,  also  ordinances  No.  41;  June  13,  '60;  No. 
79,  May  6,  '59,  and  resolution  No.  162,  April  20, 1878. 


174 


Counselor,  Solicitor  and  Examiner  of  Titles. 


Article  XIII. — Ordinances. 


ARTICLE   XIII. 

COUNSELOR,  SOLICITOR  AND   EXAMINER   OF 
TITLES. 

ORDINANCES. 


COUNSELOR  AND    SOLICITOK. 

1.  Appointment  of  City  Counselor 

and  City  Solicitor. 

2.  Duties  of  Counselor. 

3.  Duties  of  Solicitor. 

4.  Solicitor  to  endorse  opinion  on 

bonds,  &c. 

5.  Substitute. 

6.  Extra  counsel. 

7.  Salaries  of  Counselor  and  Solic- 

itor. 


Appeals:  proviso. 

How  writs  to  be  endorsed. 


EXAMINER  OF   TITLES. 

10. 

Appointment    of   Examiner    of 

Titles. 

11. 

Duties. 

12. 

Duties. 

13.    Salary. 


ORD IN ANCES  . 

COUNSELOR  AND  SOLICITOR. 

No.  71,  ss.  1,3,       1 .     The  Mayor,  by  and  with  the  advice  and  consent  of  the 
Appointment  of  convention  of  the  two  branches  of  the  City  Council,  shall, 
anlfcity^scT.  °'  aiinuallyin  the  month  of  February,  appoint  a  member  of  the 
Baltimore  bar  to  be  the  City  Counselor,  and  another  mem- 
ber of  the  same  bar  to  be  the  Citv  Solicitor. 


Ibif',  s.fe. 

Duties  of  Coun- 
selor. 


2.  It  shall  be  thje  duty  of  the  Counselor  to  argue  all  cases 
in  the  Supreme  Court  of  the  United  States,  or  the  Court  of 
Appeals  of  the  State  of  Maryland,  in  which  the  Mayor  and 
City  Council  of  Baltimore  may  be  a  party,  and  to  try  all  such 
cases  in  any  court  of  the  United  States  which  may  sit  within 
the  State  of  Maryland,  or  in  the  Superior  Court  of  Baltimore 


CoDWSELOE,  Solicitor  and  Examinee  of  Titles.  175 

Article  XIII. — Ordinances. 

City,  and  to  try  all  cases  in  any  other  courts  whicli  the 
Mayor  may  8i)ecially  require  him  to  try  ;  it  shall  also  be  his 
duty  to  advise  with  the  Solicitor  as  to  the  framing  of  all  bills 
and  answers  in  equity,  all  jtleading  at  common  law,  and  all 
exceptions  or  other  documents  connected  with  proceedings  in 
the  courts,  whenever  the  Solicitor  may  request  him  so  to  do  ; 
it  shall  also  be  his  duty  to  give  advice  and  opinions  in  writing 
upon  any  legal  question  affecting  the  interests  of  the  city, 
which  may  be  submitted  to  him  by  the  Mayor,  either  branch 
of  the  Council,  or  any  committee  of  the  Council,  or  by  the 
Solicitor. 

3.  The  Solicitor  shall  be  the  attorney  of  the  Mayor  and  iwd,  ss.2,4. 
City  Council  of  Baltimore;  and  it  shall  be  the  duty  of  the  Duties  of  so- 

*'  '  ,      licitor. 

Solicitor  to  try  all  cases  in  which  the  city  is  interested  in 
any  of  the  courts  of  the  city  of  Baltimore,  except  the  Superior 
Court,  and  in  all  other  courts  in  the  State  of  Maryland,  ex- 
cept those  mentioned  in  the  preceding  section,  and  act  as 
junior  counsel  to  the  Counselor  in  any  court  in  whicli  his 
services  may  be  required  ;  it  shall  also  be  his  duty  to  give 
advice  or  opinions  in  writing  upon  any  legal  question  affect- 
ing the  interests  of  the  city  which  may  be  submitted  to  him 
by  the  Mayor,  either  branch  of  the  City  Council  or  any  com- 
mittee of  the  City  C<.uncil,  or  any  officer  of  the  city  ;  it  shall 
also  be  his  duty  to  report  annually  to  the  City  Council,  in 
writing,  the  number  of  cases  depending  at  the  time  of  the 
report,  and  any  decisions  made  within  the  year  upon  the 
construction  of  any  ordinance. 

4.  All  bonds  or  other  written  instruments,  (except  deeds  or  ibj^,  s^.  3.^^^ 
other  instruments  of  writing  transferring  or  conveying  land  21. '^s. 

or  any  interest  therein  to  the  Mayor  and  City  Council),  involv-  soiif-to -■ 
iug  the  interests  of  the  city,  to  be  executed  by  or  passed  to  onbouds.&c. 
the  Mayor  or  other  officer  of  the  corporation,  shall,  before 
they  are  executed  or  received,  as  the  case  may  be,  have  en- 


176 


Counselor,  Solicitor  and  Examiner  of  Titles. 


Article  XIII. — Ordinances. 


dorsed  upon  them  the  opinion  of  the  Solicitor  as  to  their 
legal  sufficiency  ;  it  shall  shall  also  he  the  duty  of  the  So- 
licitor to  give  legal  advice,  whenever  required,  to  the  mem- 
bers of  the  City  Council  on  subjects  connected  with  their 
official  duties,  and  to  prepare  all  ordinances,  resolutions  and 
memorials  required  of  him  by  any  committee  of  the  City 
Council. 

Ibid,  s.  7.  5.     If  either  of  the  said  law  officers  shall  be  unable  or  un- 

substitute.  willing  to  try  any  case  which  under  the  provisions  of  this 
article  he  ought  to  try,  he  shall  provide,  at  his  own  expense, 
a  substitute,  who  shall  be  approved  by  the  Mayor,  and  if  he 
shall  fail  to  make  such  provision  in  proper  time,  the  Mayor 
shall  employ  a  proper  person  to  supply  his  place,  and  the 
expense  shall  be  charged  to  him,  and  deducted  from  the  first 
money  payable  to  him  thereafter. 

Ibid,  B.  8.  6.     No  extra  counsel  shall  be  employed  on  the  part  of  the 

Extra  counsel,  city  in  any  case,  except  by  virtue  of  a  resolution  of  the 
Mayor  and  City  Council. 

No.  71,  s.  9,  7.     The  salary  of  the  Counselor  shall  be  twenty-five  hun- 

Sfay  18,  '64.  •'  '' 

No.  ii6,june9,dred  dollai's  per  annum,  and  that  of  the  Solicitor  four  thou- 
saiaries  of        sand  dollars  per  annum,  payable   monthly,  which   salary 

Counselor  and  .  ^  }    f    J  J  )  J 

Solicitor.  shall  be  in  full  of  all  compensation  for  their  services,  and  of 

all  expenses  incurred  by  them  in  attending  the  courts,  and 
in  discharging  the  duties  of  their  respective  offices,  whether 
in  or  out  of  the  city. 

Ibid,  s.  13.  8.     The  approbation   of  the  Mayor   and   consent  of  the 

Appeals  Solicitor  shall  be  obtained  before  any  appeal  shall  be  prose- 

cuted in  any  case,  which  approbation  shall  be  in  writing  and 
Proviso.  filed  in  the  cause  ;  provided,  that  before  any  appeal  shall  be 

taken  to  the  Supreme  Court  of  the  United  States,  or  the 
Court  of  Appeals  of  the  State  of  Maryland,  the  approbation 
of  the  Counselor  shall  also  be  obtained. 


Counselor,  Solioitoe  and  Examiner  of  Titles.  177 

Article  XIII. — Ordinances. 

9.  Whenever  the  naiiio  of  the  Mayor  and  City  Council  of  ibid,s.  lo. 
Baltimore  shall  be  used  in  the  institution  of  any  suit  or  other  How  writs  to  b* 

1 '  1  />     1  f  1  endorsed. 

proceeding,  the  name  of  the  person  for  whose  use,  or  of  the 
informer  at  whose  instance  the  same  is  instituted,  shall  be 
endorsed  upon  the  writ.* 

EXAMINER  OF  TITLES. 

10.  The  Mayor,  by  atid  with  the  advice  and  consent  of  a  5^°^^ ai' ^'75.' 
convention  of  both  branches  of  the  City  Council,  when  and  Appointment  of 

•'  '  Kxaminer  of 

as  other  city  officers  are  appointed,  shall  annually  appoint  a  ^*"*^' 
citizen  of  the  city,  who  shall  be  an  attorney-at-law,  to  be 
the  Examiner  of  Titles. 

1 1 .  The  duties  of  the  Examiner  of  Titles  shall  be  as  fol-  :[1';^,:|;^^^%, 
lows:     Whenever  it  maybe  proposed  on  the  part  of  i^eTpl\\^u,^&3; 

•  t  No   5ii   s   5 

Mayor  and  City  Council  of  Baltimore,  by  ordinance  or  reso- May  7,' '68.' 
lution,  to  purchase,  condemn  or  acquire  any  land  or  interest  Duties. 
therein,  it  shall  be  the  duty  of  the  Examiner  of  Titles  to 
make,  or  cause  to  be  made,  an  examination  of  the  title  there- 
to, and  no  contract  shall  be  made  or  money  paid  on  account 
of  such  purchase,  condemnation  or  acquisition,  except  on  the 
approval  by  the  Examiner  of  the  title,  and  after  he  shall 
have  furnished  his  certificate  of  the  title  thereto,  as  provided 
in  the  next  succeeding  section,  and  in  cases  of  approval  by 
the  Examiner,  he  shall  also  certify  to  the  legal  sufficiency  of 
the  deeds  or  other  instruments  intended  to  transfer  or  convey 
any  land  or  any  interest  therein  to  the  Mayor  and  City 
Council,  which  deeds  or  other  instruments  of  writing  he  shall 
prepare  or  have  prepared. 

12.  He  shall,  as  soon  as  practicable  after  the  passage  of  no-^^,- ^.^s, 
any  ordinance  authorizing  any  condemnation,  report  to  the  cities- 
Street  Commissioners,  or  the  officers  empowered  to  make  the 


*See  further  duties  under  Licenses,  Art.  XXXIII ;  Harbor  Board,  ordinan- 
ces, under  Art.  XXIII,  Harbor,  Docks  and  Wharves;  and  sec.  104,  Art. 
XXIII,  Health. 

See  further,  as  to  suits,  under  Fines  and  Forfeitures,  Art.  XIX,  and 
Courts,  Art.  XIV. 


178  Counselor,  Solicitor  and  Examiner  of  Titles. 

Article  XIII. — Ordinances. 

same,  full  information  respecting  the  ownership  of  the 
property  wliich  it  may  he  proposed  to  condemn,  setting  forth 
where  the  same  is  not  he  hi  in  fee  simple  the  several  interests 
or  estates  therein  ;  in  all  cases  of  the  examination  of  titles 
careful  notes  and  abstracts  of  the  same  shall  be  made  and 
preserved,  and,  together  with  all  proper  details,  plats  and 
descriptions,  shall  be  entered  and  indexed  in  a  well  bound 
record  book  or  books,  which  shall  be  the  property  of  the  city, 
and,  as  filled,  be  deposited  in  the  office  of  the  City  Comptroller; 
he  shall  also,  whenever  he  certifies  in  respect  to  a  title, 
transmit  to  the  Comptroller  a  copy  of  the  abstract  of  the 
same,  or  the  original,  if  it  be  a  case  in  which  the  abstract  is 
to  be  furnished  to  him  ;  he  shall  also  report  to  the  City  So- 
licitor in  writing  all  information  which  n^ay  be  called  for  by 
him  relating  to  the  titles  to  any  property  which  may  be  in- 
volved in  the  trial  of  appeals  from  the  Commissioners  for 
Opening  Streets,  or  in  other  proceedings  of  condemnation  by 
the  city,  and  shall  make  and  report  all  examinations  of  title 
that  may  be  required  by  the  City  Counselor  or  the  City  So- 
licitor in  the  trial  of  any  suit  or  proceedings  to  which  the 
city  may  be  a  party,  or  wliich  may  otherwise  be  needed  on 
behalf  of  the  city  by  the  Register,  City  Collector  or  any 
other  officer  of  the  city  ;  and  on  his  ceasing  to  hold  office, 
whether  by  expiration  of  his  term  or  otherwise,  all  notes  and 
memoranda  of  any  examination  of  titles  not  completed  and 
entered  in  the  books  aforesaid  shall  be  passed  over  to  his 
successor,* 

ibid.s.  4.  13.     The  salary  of  the  Examiner  of  Titles  sliall  be  tliree 

SaUry.  thousand  dollars  per  annum,  payable  monthly. 


*See  further  as  to  duties  of  Examiner  under  Sewers,  Art.  XLIV;  Streets 
and  City  Conmussioner,  Art.  XLVII;  Taxes,  Art.  XLIX. 


Courts. 


179 


Article  XIV. 


ARTICLE  XIV. 


COUBTS. 


CONSTITUTION,     ART.     IV 


BUPRGME  BENCH. 

1.  Six  courts. 

2.  Jurisdiction  of  Superior  Court, 

Court  of  Common  Pleas,  and 
City  Court. 

3.  Jurisdiction    of  Circuit    Court: 

habeas  corpus. 

4.  Jurisdiction  of  Criminal  Court. 

5.  Supreme   Bench    of    Baltimore 

City :  term  of  office :  salary. 
(>.    Assignment  of  judges:  may  be 
changed   from   time   to   time : 
jurisdiction :  sickness,  absence 
or  disability. 

7.  General  terms:   rules  of  court: 

jurisdiction  :  right  of  appeal. 

8.  No  appeal  to  Supreme    Bench 

from  City  Court  on  appeals 
from  justices  of  the  peace:  test 
of  writ. 

9.  Quorum. 

10.  Cases  pending  in  old  courts  to 

be  proceeded  with :  Baltimore 
City  Court. 

11.  Clerks  of  courts :  term  of  office : 

salaries :  perquisites  not  allow- 
ed :  vacancy. 
y  12.  Authority  of  clerks  of  Common 
Pleas  and  Superior  Courts : 
licenses :  deeds,  &c. :  Balti- 
more County  Court  records : 
clerk  to  Supreme  Bench. 


13. 


14. 


15. 


16. 


17. 


18. 


19. 

20. 

21. 
22. 
23. 

24. 


25. 


Another  court  in  Baltimore  City: 
re-apportionment  of  jurisdic- 
tion of  Baltimore  courts: 
clerks'  bonds. 

orphans'  court. 

Three  judges :  term  of  office :  ju- 
risdiction :  per  diem :  vacancy. 

Register  of  Wills:  term  of  office: 
vacancy. 

JUSTICES  OF  THE   PEACE. 

Governor  to  appoint  justices: 
Mayor  and  City  Council  to  ap- 
point constables :  removal : 
term  of  office  :  right  of  appeal. 

Vacancies. 

SHERIFF. 

Election  of  sherifiF:  qualifications : 
term  of  office :  bond :  vacancy. 

state's  ATTORNEY. 

Election  of  State's  Attorney: 
term  of  office  :  removal. 

Returns  to  be  made  to  judge  of 
Criminal  Court:  case  of  tie. 

Duties :  fees :  proviso :  deputy. 

Qualifications. 

Vacancj\ 

To  collect,  &c.,  money  for  State : 
bond. 

COURT  OFFICERS. 

Officers  of  courts,  how  appoint- 
ed :  compensation :  judges  to 
investigate  and  report. 


180 


Courts. 


Article  XIV. 


STATUTES 


SUPERIOK  COUIIT,  COURT  OK  COMMON 
PLEAS  AND  CITY  COURT. 

Jurisdiction  of  judges:  motions 

for  new  trials,  and  in  arrest  of 

judgment,  &c. 
No  paper  book  or  brief  required. 
Terms. 
Return  days. 
Writ  may  be  made  returnable  to 

next  return  day. 
Writ  may  be  renewed. 
Same  proceedings  when  returned 

at  return  day  as  at  term. 
Judgment  by  default,  when  to 

be  given:  when  to  be  struck 

out :  writ  of  inquiry. 
Trial  term,  when. 
10.    Plaintiff,  how  and  when  entitled 

to  judgment. 
Plaintiff's  affidavit,  &c. 
Assessment  of  damages  by  court. 
Writs  returnable  at  election  of 

plaintiff. 
When  execution  may  issue  on 

judgments. 

CIRCUIT   COURT. 

Terms. 

Jury. 

Opinions  of  judge. 

CRIMINAL   COURT. 

Terms. 
Cases. 
Jurisdiction. 

21.  Commitments  and  recognizances. 

22.  Witnesses  to  be  recognized  to. 
Warden's  duty. 
Warden  to  bring  prisoners  before 

court. 
Original  commitment. 
Costs. 
When  capias  to  be  re-issued :  time 

within  which  to  be  returned. 


1. 


9. 


11. 
12. 
13. 

14. 


15. 
16. 
17. 

18. 
19. 

20. 


23. 

24. 

25. 
26. 

27. 


28.  Fees. 

29.  Subpceuas  for  witnesses. 

30.  Fees. 

31.  Renewal  of  subpoenas. 

32.  Penalty  on  Sheriff. 

33.  Saturday  court :  no  jury. 

34.  When  prosecutor  to  pay  costs. 

35.  How  costs  recovered. 

36.  Prosecutor's  name  on  indictment 

for  misdemeanor. 

37.  Judge  of  court  to  accept  surren- 

der by  bail. 

38.  Children  of  convicts. 

39.  Fine  on  witnesses. 

40.  When  bail  liable  to  attachment 

for  contempt. 

41.  To  be  committed  till  payment : 

proviso. 

42.  Fees  to  State's  Attorney  in  re- 

moved cases. 

43.  Assistant  counsel. 

44.  Compensation:  proviso. 

orphans'   COURT; 

45.  Judge's  pay. 

46.  Bailiff's  pay. 

47.  When  intestate  mariner's  estate 

to  devolve  on  charitable  marine 
society. 

REGISTER   OK   WILLS. 

48.  Bond. 

49.  Approval  of  bond! 

50.  Neglect  to  bond  to  vacate  office. 

CLERKS  OF   LAW   COURTS. 

51.  Bond  of  clerks  of  courts. 

52.  Approval. 

53.  Renewal  of  bond. 

54.  Failure  to  give  bond. 

55.  No  deputy  to  be  surety. 

56.  Clerks  to  keep   index  of  judg- 

ments. 


Courts. 


181 


Article  XIV. 


CLERK   OF   CRIMINAL   COURT. 

57.  Bond  of  clerk  of  Crimiual  Court. 

58.  Renewal  of  bond. 

CLERK  OP   CIRCUIT  COURT. 

59.  Clerk  of  Circuit  Court. 

SALARIES  OF   CLERKS. 

60.  Salaries  of  clerks :  duty  of  Comp- 

troller. 

COURT   OFFICERS. 

61.  Pay. 

62.  Their  salaries. 

63.  Salary  of  bailiff. 

64.  Night  watchman  of  office  of  clerk 

of  Circuit  Court:    duties:    re- 
moval. 

65.  City  Register  to  pay  salary. 

66.  Night  watchman  of  office  of  clerk 

of  Court  of  Common  Pleas : 
duties:  removal. 

67.  Salary. 

STENOGRAPHERS. 

68.  Fund  for  payment  of  stenograph- 

ers. 

69.  Stenographers  for  courts:   sala- 

ries: duties. 

70.  In   Orphans'  Court,  his  duties: 

compensation. 

71.  Assistant  stenographers:  proviso. 

SHERIFF. 

72.  Pay  when  attending  court. 

73.  Execution  for  fees. 

74.  What  officers'  fees  Sheriff  to  col- 

lect. 

75.  When  Sheriff  may  distrain,  &c., 

for  fees :  proviso. 

WITNESSES. 

76.  Per  diem  in  Criminal  Court. 

JUSTICES  OF  THE   PEACE   AND 
CONSTABLES. 

77.  Appointment. 

78.  Bonds :  what  to  account  for. 

79.  Office  hours. 

80.  Not  to  issue  but  on  application 

of  plaintiff  or  attorney. 


81.  Before  whom  summons  may  be 

made    returnable    and     case 
tried. 

82.  Pay  when  called  from  office. 

83.  Where  to  keep  his  office. 

84.  Justices  of  the  station  houses : 

duties :  hours  of  service. 

85.  Change  of  station  house  justices. 

86.  Salary  of  station  house  justices: 

certificate  of  Police  Commis- 
sioners :  fees  and  gratuities. 

87.  When  station  house  justice  ap- 

pointed temporarily  by  Police 
Commissioners :  per  diem. 

88.  Not  to  be  paid  fees  by  city. 

89.  Writs,  how  served. 

90.  State    writs  or  summons,  how 

made  returnable. 

91.  Before  whom  person  arrested  on 

criminal  charge,  &c.,  taken. 

92.  Statements  of  accounts  of  State 

fines. 

93.  Statements  of  accounts  of  city 

fines. 

94.  Affidavit  of  justice    as    to    ac- 

counts. 

95.  How  costs  accounted  for. 

96.  Appointment. 

97.  When  justice  or  constable  to  be 

removed  :  no  deputy  in  serying 
writ. 

98.  Supersedeas. 

99.  If   justice    in    Baltimore    dies, 

papers  to  be  delivered  to  clerk 
of  City  Court. 

FEES. 

100.  Of  justices  of  the  peace. 

101.  Of  constables. 

103.  Tax  for  constables'  fees:  pro- 
viso. 


103. 


104. 


COSTS. 

In  actions  for  wrongs  independ- 
ent of  contracts:  in  appeals 
from  justices  of  the  peace. 

Costs  to  be  paid  by  appellant. 


182 


Courts. 


Article  XIV. — Constitution. 


OKDIN ANCES  . 


JUDGES  OF   SUPREME   BENCH. 

1.  Register  to  pay  judges. 

SUPEKINTENDENT  AND   WATCHMAN 

OF  COURT  HOUSE  AND  RECORD 

OFFICE. 

2.  Superintendent  and   watchman 

appointed. 

3.  Duty  of  superintendent:  Regis- 

ter of  Wills  to  have  control  of 
Orphans'  Court  room :  super- 
intendent to  report  annually : 
expenses  not  to  exceed  appro- 
priation :  proviso. 

4.  Duty  of  watchman  :  proviso. 

5.  Superintendent  and  watchman 

to  give  bond. 


6.  Salary    of   superintendent    and 

watchman :     proviso :     substi- 
tute. 

7.  No  expense  to  be  incurred  un- 

less   provided    for    by    ordi- 
nance. 

JANITOR   OF   orphans'   COURT. 

8.  Janitor  of  Orphans'  Court,  how 

appointed  :  duties :  salary. 

JANITOR   AND   WATCHMAN   OF   OT.D 
MASONIC   BUILDING. 

9.  Janitor   of    old    Masonic    hall : 

salary. 
10.    Watchman  of  same :  salary. 


Const,  art.  4, 
part  4,  sec.  27. 
Six  courts. 


CONSTITUTION,    ART.    IV,    PART   IV. 

SUPREME  BENCH.* 

1.  There  shall  be  in  the  Eighth  Judicial  Circuit  six  Courts, 
to  be  stjled  the  Supreme  Bench  of  Baltimore  Citj,  the  Supe- 
rior Court  of  Baltimore  City,  the  Court  of  Common  Pleas,  the 
Baltimore  City  Court,  the  Circuit  Court  of  Baltimore  City, 
and  the  Criminal  Court  of  Baltimore. 


*As  to  jurisdictions  of  courts  before  Const.  1867,  see  28  Md.  9,  157,  245, 
356,362  and  365;  33  Md.  481;  8  Gill,  296,-  5  Md.  337;  7  Md.  135;  7  Md. 
152;  8  Md.  147;  11  Md.  101;  13  Md.  316;  14  Md.  173;  19  Md.  451 ; 
1  Md.  368. 

As  to  jurisdiction  in  appeals  from  Street  Commissioners,  under  Const., 
Art.  IV,  part  4,  sec.  28, '(sec.  2,  above,)  and  P.  G.  L.,  Art.  XXIX,  sees.  51, 
52,  53,  60,  see  notes  of  decisions  under  Article  XL VII,  Streets. 

The  Court  of  Common  Pleas  has  no  jurisdiction  in  cases  of  mechanics' 
\ienB.—Oelsto7i  et  cU.  v.  Tliompson,  29  Md.  595.  As  to  appeals  from  the  Court 
of  Common  Pleas  in  insolvency  cases,  see  Von  Nofitrand  v.  Can;  30  Md.  128. 

The  judgment  of  the  City  Court  upon  an  appeal  from  a  Justice  of  the 
Peace  is  final  when  within  the  jurisdiction  of  the  Court ;  if  it  is  not  within 


Courts.  1 88 

Article  XIV. — Constitution. 


2,     The  Superior  Court  of  Baltimore  City,  the  Court  of  ibid,  sec.  28. 
Common  Pleas,  and  the  Baltimore  City  Court,  shall  each  have  jurisdiction  of 

,..,...  .  ii'M  1  J    Superior  Court, 

concurrent  jurisdiction   m   all   civil   common   law  cases,  and,  court oicom- 

'  .  _  mon  Pleas,  and 

concurrently,  all  the  iurisdiction  which  the  Superior  Court  of  ^ity  court; 

•"  •'  "  1852.  c.  159,  19ti, 

Baltimore  City  and  the  Court  of  Common  Pleas  now  have,  'i^r,f^^'^Q%ll^' 
except  jurisdiction  in  equity,  and  except  in  application  for  the ''^^■'^'^^^'''•^'■'" 
benefit  of  the  insolvent  laws  of  Maryland,  and  in  cases  of 
appeal  from  judgments  of  Justices  of  the  Peace  in  said  city, 
whether  civil  or  criminal,  or  arising  under  the  ordinances  of 
the  Mayor  and  City  Council  of  Baltimore,  of  all  of  which 
appeal  cases  the  Baltimore  City  Court  shall  have  exclusive  ju- 
risdiction ;  and  the  said  Court  of  Common  Pleas  shall  have 
exclusive  jurisdiction  in  all  applications  for  the  benefit  of  the 
insolvent  laws  of  Maryland,  and  the  supervision  and  control 
of  the  trustees  thereof. 

the  jurisdiction  of  the  Court,  it  is  not  final,  and  an  appeal  therefrom  lies  to  i 
the  Court  of  Appeals. — Herzberg  v.  Adams,  39  Md.  309. 

By  Article  LXXV  of  the  Public  General  Laws,  where  a  defendant  is  re- 
turned "  summoned  "  and  fails  to  appear,  it  is  made  the  duty  of  the  Court, 
on  the  second  day  of  the  term  to  which  the  summons  is  returnable,  to  enter 
his  ai)pearance,  and  the  action  shall  proceed  in  the  same  manner  as  if  the 
party  had  appeared  in  person ;  and  this  provision  is  applicable  to  the  law 
courts  of  Baltimore  City. — Horner  v.  O'LaugfUin,  29  Md.  466. 

When  a  judgment  by  default  has  been  entered,  it  is  error  in  the  court  to 
enter  a  judgment  of  n/)n  pros,  because  the  verdict  or  inquisition  of  the  jury 
was  for  a  sum  below  the  jurisdiction  of  the  court;  the  judgment  by  default 
is  conclusive  of  the  question  of  jurisdiction,  but  a  judgment  by  default  does 
not  settle  the  right  of  the  plaintiff  to  recover  the  amount  stated  in  his  cause 
of  action.  The  defendant  is  entitled  to  have  an  inquisition  by  the  jury.— 
Cooper  v.  Rocfie,  36  Md.  563. 

Under  the  Constitution,  relating  to  the  courts  of  Baltimore  City,  the  several 
courts  therein  provided  for  are  distinct  and  separate,  neither  having  any  . 
authority  or  control  over  the  clerks,  dockets  or  records  of  the  others.  The 
proper  mode  of  proving  the  proceedings  and  judgments  of  one  of  these 
courts  in  any  other  court  is  by  the  production  of  a  transcript  thereof,  under 
seal,  duly  certified.  The  original  dockets,  or  a  mere  copy  of  the  docket 
entries,  or  the  original  papers,  are  not  proper  or  admissible  evidence  for  that 
purpose.  For  the  like  reason  the  evidence  of  the  deputy  clerk  of  one  of 
the  said  courts  as  to  the  loss  of  the  papers  in  a  case  in  said  court  is  inadmis- 
sible in  any  other  court.— aoldstnith  v.  Kilbourii,  ex'x,  46  Md.  289. 


184  Courts. 

Article  XIV. — Constitution. 


Ibid,  sec.  29.  3.     The  Circiiit  Court  of  Baltimore  City  sliall  have  exclusive 

Jurisdiction  of  jurisdiction   in   equity  within   the  limits  of  said  city,  and  all 

Circuit  Court.  .       .      .      .       ^  ' 

such  jurisdiction  as  the  present  Circuit  Court  of  Baltimore 
Proviso.  City  has;  provided,  the  said  court  shall  not  have  jurisdiction 

Habeas  corpus,  in  applications  for  the  writ  of  habeas  corpus  in  cases  of  per- 
sons charged  with  criminal  offences.* 
Ibid,  sec. 30.  4.     The  Criminal  Court  of  Baltimore  shall  have  and  exer- 

jurisdiction  of   cisc  all  the  jurisdiction  now  held  and  exercised  by  the  Criminal 

Criminal  Court.  *"     _  _  ■' 

1859, c. 344;  1853,  Court  of  Baltimore,  except  in  such  appeal  cases  as  are  herein 

assigned  to  the  Baltimore  City  Court. 
Ibid, 860.31.  5,     There  shall  be  elected  by  the  legal  and  qualified  voters 

Supreme  Bench  of  Said   city,  at  the  election    hereinbefore  provided   for,  one 

of  Baltimore  . 

t^i'y-  Chief  Judge  and  four  Associate  Judges,  who,  together,  shall 

constitute  the   Supreme  Bench  of   Baltimore  City,  and  shall 

Term  of  office,  hold  their  officcs  for  the  term  of  fifteen  years,  subject  to  the 
"provisions  of  this  Constitution  with  regard  to  the  election  and 
qualifications  of  judges,  and  their  removal  from  oflfice,  and 
shall  exercise   the  jurisdiction  hereinafter  specified,  and  shall 

Salaries.  each  reccivc  an  annual  salary  of  three  thousand  five  hundred 

dollars,  payable  quarterly,  which  shall  not  be  diminished  during 
their  term  of  ofiice ;  but  authority  is  hereby  given  to  the  Mayor 
and  City  Council  of  Baltimore  to  pay  to  each  of  the  said 
judges  an  annual  addition  of  five  hundred   dolhirs  to   their 

Provisos.  respective  salaries ;  provided,  that  the  same,  being  once  granted, 

shall  not  be  diminished  nor  increase  during  the  continuance  of 
said  judges  in  ofiice. 

*The  jurisdiction  in  liaheas  carpus  is  definea  by  the  Act  of  1876,  c.  373,  as 
follows : 

The  several  circuit  courts  of  this  State,  the  Superior  Court  of  Baltimore 
City,  the  Court  of  Common  Pleas,  the  Circuit  Court  of  Baltimore  City,  and 
the  Baltimore  City  Court,  and  the  several  respective  judges  thereof,  out  of 
court,  and  each  of  the  judges  of  the  Court  of  Appeals,  shall  have  jurisdiction 
over  the  v^hole  State  in  all  matters  relative  to  habeas  corjnis.—Deckard  v. 
State,  38  Md.  203. 

See  Eab.  Corp.  case  of  Young,  Valiant  and  Thomson  in  report  of  Police 
Commissioners,  Jan.,  1867. 


COUKTS.  185 

Article  XIV. — Constitution. 


6.  It  shall  be  the  duty  of  the  said  Supreme  Bench  of  Bal-  ibid,  sec.  aa. 
timore  City,  as  soon  as  the  Judges  thereof  shall  be  elected  and  Assignment  of 

•  •  judges. 

duly  qualified,  and  from  time  to  time  to  provide  for  the  hold- 
ing of  each  of  the  aforesaid  courts,  by  the  assignment  of  one 
or  more  of  their  number  to  each  of  the  said  courts,  who  may 
sit  either  separately  or  together  in  the  trial  of  cases ;  and  the 
said  Supreme  Bench  of  Baltimore  City  may,  from  time  to  time,  Maybechanged 

•^  ^  _  _  from  time  to 

change  the  said  assignment,  as  circumstances  may  require,  and  '>"»e. 

the  public  interest  may  demand;  and  the  judge  or  judges  so 

assigned   to  the  said   several  courts  shall,  when  holding  the 

same,  have  all  the  powers  and  exercise  all  the  jurisdiction  Junsdirtion. 

which  may  belong  to  the  court  so  being  held  ;  and  it  shall  also 

be  the  duty  of  the  said  Supreme  Bench  of  Baltimore  City,  in 

case  of  the  sickness,  absence  or  disability  of  any  judge  or  judges  sickness,  ab- 

,  sence  or  disa- 

assigned  as  aforesaid,  to  provide  for  the  hearmg  ot  the  cases,  biuty. 
or  transaction  of  the  business  assigned  to  said  judge  or  judges 
as  aforesaid,  before  some  one  or  more  of  the  judges  of  said 
court. 

7.  The  said  Supreme  Bench*  of  Baltimore  City  shall  have  ibia,  sec,  33. 
Dower,  and  it  shall  be  its  dutv,  to  provide  for  the  holding  of  as  General  terms. 
many  general  terms  as  the  performance  of  its  duties  may  re- 
quire, such  general  terms  to  be  held   by  not  less  than   three 
judges;  to  make  all  needful  rules  and  regulations  for  the  eon-  Rules  of  court. 
duct  of  business  in  each  of  the  said  courts  during  the  session 
thereof,  and  in  vacation,  or  in  chambers,  before  any  of  the  said 
judges;  and  shall  also  have  jurisdiction  to  hear  and  determine  jurisdiction. 
all  motions  for  a  new  trial  in  cases  tried  in  the  Criminal  Court 

of  Baltimore,  where  such  motions  arise,  either  on  questions  of 
fact  or  for  misdirection  upon  any  matters  of  law,  and  all  mo- 
tions in  arrest  of  judgment,  or  upon  any  matters  of  law  deter- 
mined by  the  judge  holding  said  court;    and   the  Supreme 

*For  the  jurisdiction  of  the  Supreme  Bench,  before  the  Act  of  1870,  c. 
177,  see  35  Md.  249 ;  34  Md.  42 ;  33  Md.  481 ;  33  Md.  288 ;  30  Md.  558 ;  31 
Md.  339. 


186  Courts. 

Article  XIV. — Constitution. 


Bench  of  Baltimore  City  shall  make  all  needful  rules  and 
regulations  for  the  hearing  before  it  of  all  of  said  matters,  and 
Rigiit  of  appeal,  the  Same  right  of  appeal  to  the  Court  of  Appeals  shall  be 
allowed  from  the  determination  of  the  said  court  on  such 
matters  as  would  have  been  the  right  of  the  parties  if  said 
matters  had  been  decided  by  the  court  in  which  said  cases  were 
tried. 

Ibid,  sec.  34.  8.     No  appeal  shall  lie  to  the  Supreme  Bench  of  Baltimore 

No  appeal  to      Citv'  froiu   the  dccisiou  of  the  iudge  or  iudees  holdine:  the 

Supreme  Bench  "'  .'        r-'  .»        &  to 

from  City  Court  Baltimore  City  Court,  in  case  of  appeal  from  a  iustice  of  the 

on  appeals  trom  j  ^  r  r  ,) 

pelc'r*"'  ""■    peace,  but  the  decision  by  said  judge  or  judges  shall  be  final ; 

Test  of  writs,  and  all  writs  and  other  process  issued  out  of  either  of  said 
courts,  requiring  attestation,  shall  be  attested  in  the  name  of 
the   Chief  Judge  of  the  said  Supreme    Bench   of  Baltimore 

City. 

Ibid,  sec.  35.  9.     Three  of  the  judges  of  said  Supreme  Bench  of  Balti- 

Quorum.  niorc  City  shall  constitute  a  quorum  of  said  court. 

Ibid,  sec.  30.  10,     All  causes  depending,  at  tiie  adoption  of  this  constitu 

Ca^es  pending    tioH,  in   tlio  Superior  Court  of  Baltimore   City,  the  Court  of 

in  old  courts  to     _ 

be  proceeded  Couimoii  IMcas,  tiio  Criminal  Court  of  Baltimore,  and  the  Cir- 
cuit  Court  of  Baltimore  City  shall  be  proceeded  in,  and  pro- 
secuted to  final  judgment,  or  decree,  in  the  courts,  respective- 
ly, of  the  same  name  established  by  this  constitution,  except 
cases  belonging  to  that  class,  jurisdiction  over  which  is  by  this 

Baltimore  City  coustitutiou   transferred   to  the   Baltimore   City   Court,  all  of 

Court.  .  ,  J  1 

which  shall,  together  with  all  cases  now  pending  in  the  City 
Court  of  Baltimore,  be  proceeded  in,  and  prosecuted  to  final 
judgment  in  said  Baltimore  City  Court. 

Ibid,  sec.  37.  11.      Thcrc  shall   be  a  clerk  of  each  of  the  said   courts  of 

Clerks  of  courts.  Baltimore  City,  except  the  Supreme  Bench,  who  shall  be  elect- 
Term  of  ortjce.        ,   ,         ,       1  ,  n 

ed  by  the  legal  and  qualified  voters  of  said  city,  at  the  election 
to  be  held  in  said  city  on  the  Tuesday  next  after  the  first  Mon- 
day of  November,  in   the  year  eighteen   hundred  and  sixty- 


Courts.  187 

Article  XIV. — Constitution. 


seven,  and  shall   hold  his  office  for  six  years  from  the  time  of 

his  election,  and   until  his  successor  is  elected   and  qualified, 

and   be  re-eligible  thereto,  subject  to  be  removed  for  wilful 

neglect  of  duty,  or  other  misdemeanor  in  office,  on  conviction 

in   a  court  of  law.     The  salary  of  each   of  the  said    clerks  salaries. 

shall   be   thirty-five  hundred  dollars  a  year,  payable  only  out 

of  the  fees  and  receipts  collected  by  the  clerks  of  said  city, 

and  thev  shall  be  entitled  to  no  other  i^erquisites,  or  compen- Penuiattesnot 

„..,,,.  allowed. 

sation.  In  case  of  a  vacancy  in  the  ofiice  ot  clerk  or  any  oi 
said  courts,  the  judges  of  said  Supreme  Bench  of  Baltimore  vacancy. 
City  shall  liave  power  to  fill  such  vacancy  until  the  general 
election  of  Delegates  to  the  General  Assembly,  to  be  held 
next  thereafter,  when  a  clerk  of  said  court  shall  be  elected  to 
serve  for  six  years  thereafter;  and  the  provisions  of  the  con- 
stitution in  relation  to  the  appointment  of  deputies  by  the 
clerks  of  the  circuit  courts  in  the  counties  shall  apply  to  the 
clerks  of  the  courts  in  Baltimore  city. 

12.  The  clerk  of  the  Court  of  Common  Pleas  shall  have  ibid,  sec  38. 
authority  to  issue  within   said   city,  all  marriage  and   other  Authority  of 

•/  "  C  ei'Ks  or  Coin- 

licenses    required  by  law,  subject  to   such   provisions  as   are  mm.^P|^eas^anc^^^^ 

now,  or  may  be  prescribed  by  law.     The  clerk  of  the  Superior  Licenses. 

Court  of  said  city  shall  receive  and  record  all  deeds,  con vey- oeed-s  &c. 

ances,  and  other  papers,  which  are,  or  may  be  required  by  law, 

to  be  recorded  in  said  city.     He  shall  also  have  custody  of  all 

papers  connected  with  the  proceedings  on  the  law,  or  equity  B''^'^™"^^^«^coun- 

side  of  Baltimore  County  Court,  and  of  the  dockets  thereof, 

so  far  as  the  same  have  relation  to  the  city  of  Baltimore,  and 

shall  also  discharge  the  duties  of  clerk  to  the  Supreme  Bench  Jierk^'"  s_u-^. 

of  Baltimore  City,  unless  otherwise  provided  by  law. 

13.  The   General  Assembly  shall,  whenever  it  may  think  iMd,  sec  39. 
the   same   proper   and   expedient,    provide,   by   law,  another  Another^court 
court  for  the  city  of  Baltimore,  and  prescribe  its  jurisdiction  ouy-^^^^g^^^ 
and  powers;  in  which  case  there  shall  be  elected  by  the  voters  W.c.m. 
of  said  city,  qualified  under  this  constitution,  another  judge 


188 


Courts. 


Article  XIV. — Constitution. 


of  the  Supreme  Bench  of  Baltimore  City,  who  shall  be  subject 
to  the  same  constitutional  provisions,  hold  his  office  for  the 
same  term  of  years,  receive  the  same  compensation,  and  have 
the  same  powers,  as  are  herein  provided  for  the  judges  of  said 
Supreme  Bench  of  Baltimore  City ;  and  all  of  the  provisions 
of  this  constitution  relating  to  the  assignment  of  judges  to  the 
courts,  now  existing  in  said  city,  and  for  the  dispatch  of  busi- 
ness therein,  shall  apply  to  the  court,  for  whose  creation  provision 
Reapportion-    is  made  by  this  section.     And  the  General  Assembly  may  re- 

ment  ol  juris-  •'  j  j 

more'coluui!'"'  ^pportiou,  chaugc  or  enlarge  the  jurisdiction  of  the  several  courts 
in  Baltimore  city.  Until  otherwise  provided  by  law,  the  clerk 
of  the  Superior  Court  of  Baltimore  City,  of  the  Court  of  Com- 
mon Pleas,  of  the  Circuit  Court  of  Baltimore  City,  of  the  Balti- 
more City  Court,  and  of  the  Criminal  Court  of  Baltimore,  shall 
each  give  bond  in  such  penalty  as  is  now  prescribed  by  law 
to  be  given  by  the  clerks  of  the  courts  bearing  the  same  names, 
under  the  present  constitution. 


Clerks'  bonds. 


ORPHANS'  COURT. 


Art.  4,  part  5, 
sec.  40 


14.  The  qualified  voters  of  the  city  of  Baltimore,  shall,  on 
Threejudgcs.  the  Tucsday  next  after  the  first  Monday  in  November  next, 
Term  of  office,    and  ou   the  Same  day  in  every  fourth   year  thereafter,  elect 

I85-2,c  20,48,1)9.  J  J  J  1 

341  !^i8lf c'ii'  ^^^""^^  '"®"  ^*^  ^®  Judges  of  the  Orphans'  Court  of  said  city, 
i47,-37i, 333,385.  ^Ijq  gij^H  be  citizcus  of  the  State,  and  residents  for  the  twelve 
Jurisdiction,  mouths  preceding,  in  the  city.  They  shall  have  all  the  powers 
now  vested  in  the  orphans'  courts  of  the  State,  subject  to 
such 'changes  as  the  Legislature  may  prescribe.*  Each  of  said 
Per  diem.  judgcs  shall  be  paid  a  per  diem  for  the  time  they  are  actually 
Vacancy.         in  scssiou,  to  be  regulated  by  law,  and  to  be  paid  by  the  said 

*  The  Orphans'  Court  derives  its  powers  from  statutory  provisions.  Its 
jurisdiction  is  confined  to  the  express  letter  of  its  authority.  Tayl/yr  v.  Brus- 
cup,  37  Md.  219;  Craufurd's  adm.  v.  Craufurd,  22  Md.  466  ;  Price  v.  Taylor, 
21  Md.  365;  Townsend  v.  Brooke,  9  Gill,  90;  Lowe  v.  Imce,  6  Md.  352  ;  Hay- 
den  v.  B^irch,  9  Grill,  82.    Normant  v.  Bryden,  44  Md.  112. 

As  to  Register  of  Wills,  see  Sa'ppington  v.  Scott,  14  Md.  40- 


CoUETS.  189 

Article  XIV. — Constitution. 


city.  In  case  of  a  vacancy  in  the  office  of  judge  of  tlie  Orphans' 
Court,  the  Governor  shall  appoint,  subject  to  confirmation  or 
rejection  by  the  Senate,  some  suitable  person  to  fill  the  same 
for  the  residue  of  the  terra. 

15.  There  shall  be  a  Register  of  Wills  in  the  city  of  Bal- iwd,  sec.  4i. 
timore,  to  be  elected  by  the  legal  and  qualified  voters  of  said  r. sister  of 

...  .  .Wills. 

city,  who  shall  hold  his  ofiice  for  six  years  from  the  time  of  Term  oi  office. 
his  election,  and  until  his  successor  is  elected  and  qualified  ; 
he  shall  be  re-eligible,  and  subject  at  all  times  to  removal  for 
wilful  neglect  of  duty,  or  misdemeanor  in  office,  in  the  same 
manner  that  the  clerks  of  the  courts  are  removable.  In  the 
event  of  any  vacancy  in  the  ofiice  of  Register  of  Wills,  said  vacancy. 
vacancy  shall  be  filled  by  the  judges  of  the  Orphans'  Court, 
until  the  next  general  election  for  delegates  to  the  General 
Assembly,  when  a  Register  shall  be  elected  to  serve  for  six 
years  thereafter. 

JUSTICES  OF  THE  PEACE. 

16.  The  Governor,  by  and  with  the  advice  and  consent  of  const,  art  4, 

'       •'  part  8,  .sec.  4J. 

the    Senate,   shall    appoint   such    number   of  justices   of  the  Governor  to  ap- 
peace,  and   the   Mayor  and  City  Council  of  Baltimore   shall  Mayor  and  city 
appoint  such  number  of  Constables,  for  the  several   wards  ot  point  consta- 
the  city  of  Baltimore,  as  are  now,  or  may  hereafter  be  P^'^"  jss^.c.aTi; 
scribed    by  law;    and  justices   of  the  peace  and  constables,  ism', c.soa.' 
BO  appointed,  shall  be  subject  to  removal  by  the  judge  of  the  Removal. 
Criminal  Court,  for  incompetency,  wilful   neglect  of  duty,  or 
misdemeanor   in    office,  on   conviction    in   a   court   of    law.*" 
The  justices  of  the  peace  and  constables,  so  appointed,  and 
commissioned,  shall  be  conservators  of  the  peace,  shall   hold  Term  of  office. 
their  ofiice  for  two   years,  and  shall  have  such  jurisdiction,  jurisdiction. 
duties  and  compensation,  subject  to  such  right  ot  appeal,  in  ,853  c.j^i;^^ 


*As  to  indictment  at  common  law  of  justice  of  the  peace  for  malfeasance 
in  office,  see  Hm  v.  Stats,  25  Md.  556.  As  to  justices  before  Const.,  1864, 
see  Taylor  V.  Hebd,7i,202;  CantweU  v.  Owem,  14  Md.  315;  State  v.  Mace,  5 
Md.  3a7 ;  Mayar,  &c.,  v.  State,  15  Md.  378. 


190 


Courts. 


Article  XIV. — Constitution. 


Right  of  appeal,  all  cascs,  froHi  the  judgment  of  justices  of  the  peace,  as  hath 
been  heretofore  exercised,  or  shall  be  hereafter  prescribed  by 
law. 

17.  In  the  event  of  a  vacancy  in  the  office  of  a  justice  of 
the  peace,  the  Governor  shall  appoint  a  person  to  serve  as 
justice  of*  the  peace,  for  the  residue  of  the  term ;  and  in  case 
of  a  vacancy  in  the  office  of  constable,  the  Mayor  and  City 
Council  of  Baltimore  shall  appoint  a  person  to  serve  as  con- 
stable for  the  residue  of  the  term. 


Ibid,  spc.  43. 

Vacancies. 
1860,  c.  7. 


SHERIFF. 
Const., art.  4,         18.     There  shall   be   elected   in   the  city   of  Baltimore,  in 

part  7,  sec.  44. 

Election  of        every  second  year,  one   person,  resident  in   said   city,  above 

sheriff.  '  ,  i  i  c 

Quaiiticatioiis.  the  age  ot  twenty-iive  years,  and  at  least  five  years  precedmg 
his  election,  a  citizen  of  this  State,  to  the  office   of  Sheriff, 

Term  of  office.  He  shall  hold  his  office  for  two  years,  and  until  his  successor 
is  duly  elected  and  qualified ;  shall  be  ineligible  for  two  years 

Bond.  thereafter :  shall   give   such  bond,  exercise  such  powers,  and 

perform  such  duties  as  now  are,  or  may  hereafter  be  fixed   by 

Vacancy.  law.*     In  casc  of  a  vacancy  by  death,  resignation,  refusal  to 

serve,  or  neglect  to  qualify,  or  give  bond,  or  by  disqualifica- 
tion, or  removal  from  the  city,  the  Governor  shall  appoint  a 
person  to  be  Sheriff  for  the  remainder  of  the  official  term. 


STATE'S  ATTORNEY. 


Const.,  art.  ."), 
part  2,  sec.  7. 
Election  of 
State's  Attor- 
ney. 


10.     There  shall  be  an  Attorney  for  the  State  in  the  City  of 
Baltimore,   to  be  styled  the   State's  Attorney,   who  shall  be 
elected    by  the    voters  thereof,  respectively,  on  the  Tuesday 
next  after  the  first  Monday  in  November  in  the  year  eighteen 


*Though  the  Constitution  provides  for  filling  the  office  of  Sheriff,  it  does 
not  specify  or  describe  his  powers  and  duties ;  these  are  left  to  the  common 
law  and  Acts  of  Assembly,  and  may  be  changed  by  law.  Mayoi\  <Sx.  v. 
State,  15  Md.  379.  See  HatcUmn  v.  Tilden,  4  H.  &  McH.  279 ;  Roberts  v. 
Gibson,  6  H.  &  J.  116;  State  v.  Wyvuin,  3  G.  &  J.  254;  Kitty  v.  Hanmwnd,  3 
H.  &  McH.  149. 


Courts.  191 

Article  XIV. — Constitution. 


hundred  and  sixty  seven,  and  on  the  same  day  every  fourth 

year  thereafter;  and  shall  hold  his  ofHce  for  four  years  from  Term  of  office. 

the  first  Monday  in  January  next  ensuing  his  election,  and 

until  his  successor  shall  be  elected  and  qualified  ;  and  shall  be 

re-eligible  thereto,  and  be  subject  to  removal  therefrom,  for  Removal. 

incompetency,  wilful  neglect  of  duty,  or  misdemeanor  in  ofiice, 

on  conviction  in  a  court  of  law,  or  by  a  vote  of  two-thirds  of 

the  Senate,  on  the  recommendation  of  the  Attorney  General. 

20.  All  elections  for  the  State's  Attorney  shall  be  certified  ibid,  sec.  g. 
to,  and   returns  thereof  made  to  the  judge  of  the  Criminal  Returns  to  be 

made  to  judge 

Court,  whose  duty  it  shall  be  to  decide  upon  the  elections  and  of^criminai 
qualifications  of  the  persons  returned;  and,  in  case  of  a  tie  case  of  tie. 
between  two  or  more  persons,  to  designate  which  of  said  per- 
sons shall  qualify  as  State's  Attorney,  and  to  administer  the 
oaths  of  office  to  the  person  elected. 

21.  The  State's  Attorney  shall   perform   such  duties  and  ibid,  sec.  a 
receive  such  fees  and  commissions  as  are  now,  or  may  hereaf-  Duties. 
ter  be,  prescribed   by  law,  and  if  the  State's   Attorney  shall  Kees. 
receive  any  other  fee*  or  reward,  than  such  as  is,  or  may  be 
allowed  by  law,  he  shall,  on  conviction   thereof,  be  removed 

from  office;  provided,  that  the  State's  Attorney  for  Baltimore  Proviso. 
City  shall  have  power  to  appoint  one  deputy,  at  a  salary  of  Depiity  in  Bai- 
not  more  than  fifteen  hundred  dollars  per  annum,  to  be  paid 


*  1864,  c.  243,  provides  that  in  any  case  where  judgment  shall  be  recov- 
ered by  the  State  against  any  principal  debtor  and  a  surety  or  sureties,  and 
said  judgment  shall  be  satisfied  by  said  surety  or  sureties,  the  same  shall  be 
entered  by  the  attorney  representing  the  State  to  the  use  of  the  surety 
or  sureties  satisfying  the  same,  on  the  said  attorney  filing  in  the  case  a  cer- 
tificate of  the  Comptroller  stating  that  said  judgment  has  been  so  satisfied, 
and  said  surety  or  sureties -shall  then  be  entitled  to  execution  in  his  or  their 
own  name  or  names  against  the  principal  and  the  other  sureties. 

Before  this  Act,  where  a  judgment  in  favor  of  the  State  was  paid  by  a 
surety,  there  was  no  statute  which  authorized  an  assignment  thereof  to  such 
surety  to  be  made  by  any  ofllcer  or  agent  of  the  State,  and  it  could  not  be 
done  under  1793,  c.  23,  s.  8,  (P.  G.  L.,  Art.  9,  sec.  6,)  by  the  State's  Attorney. 
Pmcock  V.  Pcmhrvkc,  8  Md.  348. 


192 


Courts. 


Article  XIV. — Constitution. 


by  the  State's  Attorney  out  of  the  fees  of  his  office,  as  has 
heretofore  been  practiced. 

Ibid, sec.  10.  22.     No  j3erson  shall  be  eligible  to  the  office  of  State's  At- 

Quaiificatioiig.    tomcy,  who  has  not  been   admitted  to  practice  law  in    this 

State,  and  who  has  not  resided,  for  at  least  two  years,  in  the 

county  or  city  in  which  he  may  be  elected. 

Ibid,  sec.  11.  23.     In  casc  of  vacancy  in  the  office  of  State's  Attorney,  or, 

Vacancy.  of  his  rcmoval  from   the  city  in   which   he  shall   have   been 

elected,  or,  on  his  conviction,  as  herein  specified,  the  said  va- 
cancy shall  be  filled  by  the  judge  of  the  Criminal  Court,  for 
the  residue  of  the  term  thus  made  vacant. 


Ibid,  sec.  12. 

To  collect,  &c., 
money  for  the 


Bond. 


24.  The  State's  Attorney,  in  the  city  of  Baltimore,  shall 
have  authority  to  collect,  and  give  receipt,  in  the  name  of  the 
State,  for  such  sums  of  money  as  may  be  collected  by  him, 
and  forthwith  make  return  of,  and  pay  over  the  same,  to  the 
proper  accounting  officer.*  And  the  State's  Attorney  of  the 
city  of  Baltimore,  before  he  shall  enter  on  the  discharge  of 
his  duties,  shall  execute  a  bond  to  the  State  of  Maryland,  for 
the  faithful  performance  of  his  duties,  in  the  penalty  of  ten 
thousand  dollars,  with  two  or  more  sureties,  to  be  approved  by 
the  judge  of  the  Criminal  Court. 


COURT  OFFICERS. 


Const.,  art.  4,         25.     Such  officcrs  of  the  courts  in  the  city  of   Baltimore. 

part  1,  sec.  9. 

Officers Qf         as  may  be  found  necessary  shall  be  appointed  by  the  judges  of 

court,  how  ap- 

pointed  the  Supreme  Bench  of  Baltimore  City.     It  shall  be  the  duty 

Compensation,  of  the  General  Assembly  to  prescrilje,  by  law,  a  fixed  compen- 
sation for  all  such  officers  ;  and  said  judges  shall,  from  time  to 
time,  investigate  the  expenses,  costs  and  charges  of  their  courts, 
with  a  view  to  a  change  or  reduction  thereof,  and  report  the 
result  of  such  investigation  to  the  General  Assembly  for  its 
action. 


.ludges  to  in- 
vestigate and 
report. 


See  Martin  v.  State,  1  H.  &  J.  721. 


Courts.  193 

Article  XIV.— Statutes. 


STATUTES. 

'  SUPERIOR  COURT,  COURT  OF  COMMON  PLEAS  AND 
CITY  COURT. 

1.  The  judge,  before  whom  any  case  may  be  tried,  in  either  isto.c  177. 
the  Baltimore  City  Court,  the  Superior  Court  of  Baltimore  jurisdiction. 
City,  or  in  the  Court  of  Common  Pleas,  shall  have  exclusive 
jurisdiction  to  hear  and  determine,  and  the  said  judge  shall 

hear  and  determine  all  motions  for  a  new  trial  where  such  Motions  for  new 
motions  arise,  either  on  questions  of  fact  or  for  misdirection 
npon  any  matters  of  law,  and  all  motions  in  arrest  of  judg- 
ment, or  upon  any  matters  of  law,  determined  by  the  said 
judge;  and  all  such  motions  shall  be  heard  and  determined 
within  thirty  days  after  they  are  made. 

2.  In    no   case   shall   either  the  plaintiff  or  defendant  be  isro,  c.  177, 
required  to  file  a  "  paper  book  "  of  evidence  or  brief,  in  either  no  paper  book 

^  r     r  or  brief  requir- 

of  the  courts  of  the  city  of  Baltimore.*  ed. 

3.  The  stated  terms  of  the  Superior  Court  of  Baltimore  p.  l.  l.,  art.  4, 

,       ,         -r,    T    .  /^.        sees.  160,  171  ; 

City,  the   Court   of  Common    Pleas,  and  the  Baltimore  City  i8.iT,c.4<ii,s.6; 
Court,  shall  commence  on  the  second  Monday  in  January,  the  Terms. 
second  Monday  in  May,  and  the  second  Monday  in  September 
in  each  year. 

4.  In  addition  to  the  first  day  of  each  term  of  the  Superior  i8fi4,  c.  e,  s.  i ; 

J      ,        1H67,  c.  401,  s.  fi; 

Court  of  Baltimore  City,  the  Court  of  Common  Pleas  and  tlie  i876,c.9g. 
Baltimore  City  Court,  the  second  Monday  in  February,  March,  Return  days. 


*The  act  of  1870,  c.  177,  entitled  an  act  to  change  the  jurisdiction  of  the 
Supreme  Bench  of  Baltimore  City,  and  re-apportion  and  enlarge  the  juris- 
diction of  the  Baltimore  City  Court,  the  Superior  Court  of  Baltimore  City, 
and  the  Court  of  Common  Pleas,  as  provided  by  section  39  of  article  4  of 
the  constitution,  (section  13,  p.  188  ante)  enacts  the  above  two  sections. 


194  OOUETS. 

Article  XIV.— Statutes. 


April,  June,  July,  October,  November  and  December,  in  each 
year,  shall  be  return  days.* 

1864,  c.  6, s.  2.         5.     Any  person  instituting  an  action  in  either  of  said  courts. 
Writ  may  be     may,  at  liis  elcction,  have  his  original  writ  made  returnable  to 

made  returnable  ^  if»i<>i 

to  next  return    tlic  ncxt  succecdmg  rctum  day,  or,  to  the  urst  day  oi  the  next 
succeeding  term. 

■^Decisions  under  the  Rule  Day  Act — 1861,  c.  4,  repealed  sees.  161, 
162,  163,  164,  165,  166,  167,  168,  169,  170,  173,  173  of  Art.  4,  P.  L.  L., being 
the  act  of  1858,  c.  323,  for  the  dispatch  of  business  in  the  Superior  Court 
and  Court  of  Common  Pleas  of  Baltimore  city.  The  act  of  1864,  c.  6,  en- 
acted sections  3  to  13  of  this  Article,  being  a  re-enactment  of  said  repealed 
sections  with  amendments. 

Held  that  under  the  act  of  1858,  c.  323,  a  plaintiff  could  obtain  judgment 
by  default  on  an  open  account,  verified  by  affidavit,  at  the  term  or  on  the 
rule  day  to  which  the  defendant  was  summoned  and  failed  to  appear,  but 
the  court  could  not,  at  the  same  term,  extend  such  judgment  by  assessment 
of  damages  and  costs :  and  that  the  plaintiff"  in  such  a  case  was  entitled  to 
final  judgment  only  in  case  the  defendant  failed  to  appear  before  the  first 
day  of  the  term  or  rule  day  next  thereafter,  and  then  the  judgment  could 
go  only  for  the  amount  of  the  acconnt  thus  authenticated :  but  that  the 
court  has  no  power  to  allow  interest  on  the  account  which  should  have  been 
ascertained  by  a  jury  on  a  writ  of  inquiry.  [But  see  1864,  c.  175,  P.  G.  L. 
Art.  75,  sec.  62,  and  1864,  c.  6,  s.  9,— sec.  12  of  this  Article.]  Held  further,  that 
though  the  final  judgment  would  be  struck  out  because  improperly  and 
prematurely  extended  and  because  interest  was  allowed  by  the  court,  yet 
the  judgment  by  default,  for  the  defendant's  failure  to  appear  would  not  be 
disturbed,  Mailhouse  v.  Inloes  et  al.  18  Md.  328.  See  Gardner  v.  Jenkins,  14 
Md.  60.  The  act  of  1858,  c.  323,  did  not  confiict  with  the  right  of  removal 
of  causes  from  one  court  to  another,  provided  for  by  the  Constitution  and 
Acts  of  Assembly.     Oriffin  v.  Leslie,  20  Md.  19. 

A  writ  of  scire  facias  is  not  an  original  writ  within  the  meaning  of  the  act 
of  1864,  c.  6,  sec.  2,  (sec.  5  of  this  Article)  and  can,  therefore,  be  made  re- 
turnable only  on  the  return  day  of  the  regular  term.  Bridge  &  Woods  v. 
Adams,  32  Md.  577. 

In  an  action  under  the  act  of  1864,  c.  6,  after  sundry  unexecuted  writs 
of  summons,  the  defendant  was  returned  "  summoned,"  but  did  not  appear 
at  the  return  day ;  no  motion  for  judgment  by  default  against  him  was  made, 
and  no  order  taken  by  the  plaintiff"  on  that  day,  or  on  any  day  previous  to  the 
next  return  day.  After  several  return  days  had  passed,  on  motion  of  the  plaiai- 
tiff"  in  writing,  a  judgment  nisi  for  want  of  appearance  by  the  defendant 
was  entered.  At  the  succeeding  term,  the  judgment  by  default  was  ex- 
tended, and  during  the  same  term,  the  defendant  appeared  and  moved  that 


COUETS,  195 

Article  XIV.— Statutes. 


6.     On  the  return  of  any  original  writ  not  executed  in  either  ibid,  s.  3. 
of  said  courtSj  the  same  may  be  renewed,  returnable  to  the  writ  may  be 
next  return  day  thereafter,  or  to  the  next  term  of  the  said  court  ^^^^"^^  ' 
from  which  said  original  writ  was  issued. 


the  judgment  by  default,  and  the  extension  thereof  be  stricken  out.  The 
motion  was  overruled.  On  appeal  held  :  1st.  That  an  appeal  lies  from  the 
order  overruling  the  motion  to  strike  out  the  judgment.  2d.  That  on  failure 
of  the  defendant  to  appear  on  the  day  to  which  he  was  returned  "  sum- 
moned," the  plaintiff  was  entitled  on  motion  in  writing  during  the  time  in- 
tervening between  that  day  and  the  next  return  day  thereafter,  to  have  a 
judgment  by  default  entered  against  the  defendant,  but  having  failed  to 
do  so  within  that  time  he  could  not  claim  the  right  afterward.  3d.  That 
the  plaintiff  having,  by  his  own  lacJtes,  lost  his  right  to  claim  a  judgment  by 
default,  the  cause  must  be  disposed  of  by  the  court  below,  as  if  the  suit  had 
been  instituted  inelependently  of  the  act  of  1864,  c.  6.  4th.  That  the  de- 
fendant having  appeared,  has  the  right  to  plead  in  the  usual  form  without 
affidavit.    King  v.  Ilicks,  33  Md.  460. 

An  action  was  instituted,  on  June  23d,  1870,  under  act  of  1864,  c.  6,  the 
writ  of  summons  was  made  returnable  on  second  Monday  of  July,  '70,  the 
next  return  day  prescribed  by  the  act  after  the  suit  was  begun ;  on  the 
return  day  the  defendant  appeared  and  demurred  to  the  declaration.  At 
the  following  September  term,  being  the  first  term  thereafter,  the  plaintiff 
entered  a  motion  for  judgment  by  default,  for  want  of  a  plea  verified  by 
affidavit ;  on  December  16th  following,  the  court  overruled  the  demurrer 
and  entered  judgment  by  default,  for  want  of  a  plea  and  affidavit  of  de- 
fence, and  on  the  same  day  assessed  the  damages  and  entered  final  judg- 
ment thereon.  Held:  That  these  proceedings  were  in  strict  conformity 
with  the  requirements  of  the  act  of  1864,  c.  6. 

The  personal  liability  of  a  stockholder  of  a  manufacturing  company 
under  sec.  52  of  Art.  26,  P.  G.  L.,  is  not  in  the  nature  of  a  penalty,  butis  so  far 
an  obligation  arising  ex  contractu  as  fairly  to  come  within  the  spirit  and 
intent  of  the  act  of  1864,  c.  6;  and  a  creditor  of  such  company  in  an  action 
at  law  to  enforce  his  claim  against  an  individual  stockholder,  may  make  the 
affidavit  thereto  as  required  by  said  act.    Narris  v.  WremcheU,  34  Md.  492. 

In  an  action  on  a  single  bill,  under  the  act  of  1864,  c.  6,  it  is  not  necessary 
for  the  plaintiff  filing  his  cause  of  action  to  state  in  the  affidavit  required  by 
8th  sec.  (sec.  11  of  this  Article,)  of  the  act  to  be  filed  with  his  declaration, 
the  time  from  which  interest  is  claimed,  the  amount  thereof,  or  the  cost  of 
protest.     Canton  Nat.  Building  Association  v.  Weber,  34  Md.  669. 

Where  a  plaintiff  with  a  view  of  bringing  his  case  within  the  provisions 
of  the  act  of  1864,  c.  6,  sec.  8,  files  with  his  declaration  as  the  cause  of  action 
an  account  verified  by  affidavit  showing  the  true  amount  that  the  defendant 


196  COUETS. 

Article  XIV.— Statutes. 


Ibid,  8.4.  7.     After  the  execution  of  any  original  writ  made  return- 

same  proceed-   able  to  a  rctum  day  in  either  of  the  said  conrts,  the  same  pro- 

injjs  when  re- 
turned at  return  ceedinffs  may  be   had  in   the  prosecution   of  the  said  writ  as 

day  as  at  term.  ^  ^  r 

would  be  proper  in  case  the  said  writ  had  been  made  return- 
able, and  had  been  returned  to  a  term  of  the  court  from  which 
the  same  was  issued. 


is  indebted  to  him  over  and  above  all  discounts,  such  account  is  no  part  of 
the  pleadings,  and  should  not  be  allowed  to  go  into  the  hands  of  the  jury. 
Ingalls  et  cU.  v.  Crmicli  et  al.,  35  Md.  296. 

The  appending  to  a  declaration  under  the  act  of  1864,  c.  6,  of  a  notice  re- 
quiring the  defendant  to  plead  vs^ithin  fifteen  days,  does  not  take  the  case 
out  of  the  operation  of  the  statute. 

A  bill  of  particulars  furnished  upon  the  c'emand  of  the  defendant,  need 
not  be  verified  by  affidavit,  the  plaintiff"  having  made  affidavit  of  tlie  true 
amount  of  the  indebtedness  of  the  defendant,  and  filed  the  same  at  the  time 
of  the  institution  of  the  action. 

The  plea  of  the  statute  of  limitations  comes  both  vi^ithin  the  letter  and 
spirit  of  the  7th  section  of  the  act  of  1864,  c.  6. 

Under  the  act  of  1864,  c.  6,  in  default  of  a  plea  verified  by  affidavit,  the 
plaintiff"  may  take  his  judgment  either  "  on  the  first  day  of  the  term,  or  at 
the  return  day  next  succeeding  the  appearance  of  the  defendant,  whichever 
shall  first  occur,"  or  at  any  time  during  the  term.  A  mere  discrepancy  be- 
tween the  amount  stated  in  the  affidavit  of  the  plaintiff"  and  the  bill  of  parti- 
culars subsequently  furnished,  does  not  necessarily  impeach  the  bona  fides 
of  the  former.    Jones  v.  Barnett,  35  Md.  258. 

In  an  action  of  assumpsit  a  judgment  by  default  for  want  of  an  affidavit 
to  the  pleas  as  required  by  the  act  of  1864,  c.  6,  sec.  7,  (sec.  10  of  this  article,) 
was  entered  at  June  rule  day,  1866,  of  the  Court  of  Common  Pleas, 
and  on  the  same  day  damages  were  assessed  by  the  court  and  the  judgment 
extended.  On  this  judgment,  execution  subsequently  issued.  At  May 
term,  1867,  the  court  passed  an  order  suspending  the  execution ;  from  this 
order  the  plaintiff"s  appealed.  Held  tliat  the  appeal  lies.  The  act  of  1864, 
c.  6,  which  requires  a  plaintiff"  at  the  time  of  bringing  his  action,  to  file 
with  the  declaration  an  affidavit  stating  the  true  amount  that  the  defendant 
is  indebted  to  him,  with  the  vouchers  of  his  claim,  does  not  require  that  a 
copy  of  such  affidavit  should  be  served  on  the  defendant.  Oreff  et  al.  v. 
Fickeyetal.,dOM.A.75. 

The  amount  claimed  in  an  action  on  a  policy  of  insurance  is  a  liquidated 
sum,  within  the  provisions  of  the  act  of  1864,  c.  6,  and  may  be  verified  by 
affidavit. 

With  the  declaration  in  an  action  on  a  policy  of  insurance,  there  was  filed 
an  account  of  the  defendant's  indebtedness,  verified  by  au  affidavit  in  ac- 


Courts.  197 

Article  XIV.— Statutes. 


8.     If  a  defendant  regularly  returned  summoned  to  appear  iwd,  s.  5. 
at  a  stated  term  or  a  return  day  of  the  court  from  which  the  Judgment  by 

default,  when 

original  writ  was  issued,  shall  fail  to  appear  on  the  day  to '<»  be  given. 

which  the  said  writ  was  returnable,  judgment  for  his  default 

may,  on  motion  of  the  plaintiff  made  in  writing,  and  filed 

with  the  clerk  of  the  court  from  which  said  original  writ  was 

issued,  be  entered  by   the   said   court  or   by  the  said   clerk 

against  the  said   defendant;   which  said  judgment  shall  be  ^Jj^^^^J"^ 

stricken  out  on  his  appearance  being  entered  to  the  action  at 

any  time  before  the  first    return  day  thereafter ;   and  if  the 

said   defendant  shall  fail   to   appear  within   the  time  above 

limited,  the  party  plaintiff  may  sue  out  his  writ  of  inquiry,  or  writofinq«iry. 

otherwise  enter  up  final  judgment,  according  to  the  course  of 

the  court. 

cordance  with  the  eighth  section  of  the  act  of  1864,  c.  6,  and  the  policy- 
was  filed  therewith  as  a  voucher,  and  referred  to  in  the  account;  a 
summons  was  issued  on  the  9th  of  December,  1868,  and  made  returnable  on 
the  second  Monday  of  the  same  month,  being  the  first  return  day  thereafter, 
and  was  duly  served.  The  defendant  appeared  by  attorney  on  the  return 
day,  and  was  put  under  rule  plea,  by  the  second  Monday,  being  the  11th 
day  of  January,  1869,  and  the  first  day  of  the  ensuing  term  of  the  court. 
On  the  7th  day  of  January,  1869,  the  defendant  filed  its  pleas  to  the  merits, 
with  what  purported  to  be  its  affidavit  appended  thereto  ;  a  rule  replication 
was  laid  on  the  plaintiff,  and  a  joinder  of  issue  upon  the  pleas  was  entered 
by  the  clerk.  On  the  second  Monday  of  January,  1869,  the  plaintiffs  attorney 
gave  an  order  to  the  clerk  to  strike  out  the  joinder  of  issue,  which  was  done, 
and  he  filed  a  motion  in  writing,  asking  the  court  to  enter  judgment  against 
the  defendant  notwithstanding  the  pleas,  for  the  reason  that  the  affidavit 
thereto  was  insufficient  under  the  seventh  section  of  the  act  of  1864,  c.  6. 
The  defendant  afterwards  asked  leave  to  file  an  additional  or  supplemental 
plea  and  affidavit.  Judgment  by  default  was  entered  against  the  defendant, 
for  want  of  sufficient  affidavit  to  its  pleas.  The  plaintiff  then  moved  the 
court  to  assess  the  damages  and  extend  the  judgment,  whereupon  the  de- 
fendant moved  for  trial  by  jury  of  the  question  of  the  amount  of  damages 
to  be  assessed.  The  defendant's  motion  being  overruled,  the  court  as- 
sessed the  damages,  and  extended  the  judgment  for  the  amount  claimed, 
with  interest,  &c.  The  defendant  excepted,  first,  to  the  refusal  of  the  court 
to  allow  amended  pleas  and  affidavit  to  be  filed ;  secondly  to  the  entering  of 
the  judgment  by  default,  and  thirdly,  to  the  extension  of  the  judgment  by 


198  Courts. 

Artie' e  XIV.— Statutes. 


Ibid,  s.  6.  9,     Every  suit  where  the  cause   of    action    is  a   contract, 

Trial  term,  whether  in  writing  or  not,  or  whether  express  or  implied,  shall 
stand  for  trial  or  judgment  on  the  first  day  of  the  term,  or  at 
the  return  day  next  succeeding  the  entry  of  the  appearance  of 
the  defendant,  whichever  shall  first  happen,  unless  the  time 
shall  be  extended  by  the  court  on  cause  shown. 


the  court,  and  its  refusal  to  refer  the  question  of  damages  to  a  jury.  On 
appeal,  Held :  1st.  That  the  leave  to  the  defendant  to  file  additional  pleas 
and  affidavit,  was  properly  refused.  2d.  That  the  affidavit  filed  with  the 
pleas,  being  altogether  defective  and  insufficient,  there  was  no  error  in  en- 
tering the  judgment  by  default.  3d.  That  the  application  of  the  defendant 
fo;*  a  trial  by  jury  of  the  amount  of  damages  to  be  assessed  to  the  plaintiff, 
should  have  been  granted.  When  a  corporation  is  sued  under  the  act  of 
1864,  c.  6,  its  pleas  must  be  verified  by  the  oath  of  some  natural  person, 
capable  of  making  an  affidavit.  Knickerbocker  Life  Ins.  Co.  v.  Hoeskie,  32 
Md.  317. 

Suits  for  the  recovery  of  damages  that  are  liquidated,  or  for  such  ascer- 
tained amounts  as  the  plaintiff  can  properly  and  safely  swear  the  defendant 
owes  him,  are  within  the  provisions  of  the  act  of  1864,  c.  6.  A  bond  given 
to  dissolve  an  attachment  and  a  judgment  recovered  in  the  attachment  case, 
constitute  a  cause  of  action  upon  which  suit  may  be  properly  instituted 
under  above  act,  against  the  obligors  in  the  bond.  And  in  such  action  the 
filing  by  the  plaintiffs  of  a  properly  certified  copy  of  the  bond  with  their  de- 
claration, is  a  sufficient  compliance  with  the  provisions  of  the  8th  sec.  of 
that  act     McAllister  v.  Ekhengreen,  34  Md.  55. 

An  action  was  brought  under  the  act  of  1864,  c.  6,  on  a  bill  of  lading 
against  the  Consignees  of  a  cargo  of  potatoes,  by  the  owner  and  master  of 
the  schooner  aboard  which  they  were  shipped,  to  recover  demurrage :  the 
bill  of  lading  allowed  a  certain  number  of  working  days  for  the  discharge 
of  the  cargo,  and  required  the  consignees  to  pay  demurrage  at  a  certain  rate 
for  every  day  detained  thereafter.  A  judgment  by  default  for  the  want  of 
an  affidavit  to  the  plea,  was  entered.  Held :  1st.  That  the  bill  of  lading  ex- 
pressly stipulating  for  the  payment  of  demurrage  at  a  certain  rate  per  day, 
is  a  contract  within  the  provisions  of  the  act  of  1864,  c.  6,  (sec.  9  of  this 
Article.)  2d.  That  the  plaintiff  having  complied  with  the  provisions  of 
the  act  of  1864,  c.  6,  the  failure  of  the  defendant  to  receive  notice  of  the 
affidavit  to  the  plaintiff's  declaration  through  the  omission  of  the  clerk,  fur- 
nishes no  ground  for  striking  out  the  judgment.  Jones  v.  Freeman,  29  Md. 
273. 

A  suit  against  a  Telegraph  Company  for  damages  sustained  by  the  failure 
of  the  company  to  transmit  a  dispatch  ordering  a  sale  of  gold,  is  a  claim  for 
unliquidated  damages,  and  not  embraced  within  the  meaning  of  Art.  4,  sees. 


Courts.  199 

Article  XIV.— Statutes. 


10.     In  any  action  brought  for  any  of  the  causes  mentioned  ibia,  sec.  7. 
in   the  last    preeeding  section,  the  plaintiff,  if  he  make  affi- Plaintiff,  how 

'  "  '  and  when  enti- 

davit  or  affirmation  as  hereinafter  stated,  shall  be  entitled  to  "^f^  J° •'•^^e- 

'  ment, 

judgment  on  the  first  day  of  the  term  of  the  court  in  which 
said  action  is  pending,  or  at  the  return  day  next  succeeding 
the  appearance  of  the  defendant,  whichever  shall  first  happen 
or  occur,  although  the  defendant  may  have  pleaded,  unless 
such  plea  contains  a  good  defence,  and  unless  the  defendant, 
or  some  one  in  his  behalf,  shall  make  oath  or  affirmation  that 
the  said  plea  is  true,  and  that  he  verily  believes  that  he  will 
be  able,  at  the  trial  of  the  cause,  to  produce  sufiicient  evi- 
dence to  support  the  said  plea. 


166, 167, 168  and  169  of  Code,  P.  L.  L.,  (1864,  c.  6,)  which  relate  only  to  au 
ascertained  amount  of  liquidated  indebtedness,  which  the  plaintiff  can 
properly  and  safely  swear  the  defendant  owes  to  him.  Smitlmn  &  Owens  v. 
U.  8.  Telegraph  Co.,  29  Md.  162. 

The  narr.  did  not  give  the  surname  of  the  defendant,  but  only  his  Chris- 
tion  name  and  the  initial  letter  of  his  middle  name.  In  the  affidavit  ap- 
pended to  the  narr.,  the  defendant's  name  was  given  in  full.  He  appeared 
to  the  suit ;  pleaded  and  filed  several  papers  in  the  case  giving  his  name  in  full 
and  describing  himself  as  said  defendant.  Held:  that  the  defendant  was 
estopped  from  setting  up  the  misnomer  in  the  narr.  ;  and  that  objection  to 
such  misnomer  could  only  be  taken  by  plea  in  abatement  and  not  by  de- 
murrer,   llidi  V.  Boyce,  39  Md.  314. 

The  act  of  1864,  c.  6,  by  its  terms  is  applicable  to  suits  where  the  cause 
of  action  is  a  contract  either  expressed  or  implied,  and  where  the  plaintiff 
shall  file  with  his  declaration  an  affidavit  stating  the  true  amount  that  the 
defendant  is  indebted  to  him  over  and  above  all  discounts,  and  also  file  the 
bond,  bill  of  exchange,  promissory  note  or  other  writing  or  account  by 
which  the  defendant  is  so  indebted.  The  appeal  having  been  dismissed 
before  it  was  passed  upon  by  the  Court  of  Appeals,  it  was  held  that : 

1.  The  act  of  1864,  c.  6,  did  not  apply. 

2.  That  the  cause  of  action  to  be  within  the  reason  and  provision  of  that 
act,  must  be  of  a  character  to  afford  of  itself  a  certain  measure  or  standard 
for' determining  the  amount  recoverable,  so  that  the  true  amount  of  indebt- 
edness may  be  averred  and  verified  by  the  affidavit. 

3.  That  bonds  with  collateral  conditions,  not  for  the  payment  of  any 
certain  sum  of  money,  and  where  the  recovery  thereon  must  be  as  for  un- 
liquidated damages,  will  not  constitute  a  cause  of  action  within  the  statute. 


200 


Courts. 


Article  XIV.— Statutes. 


Ibid,  s.  8.; 

Plaintlfl's 
davit,  &c. 


11.  The  plaintiff  shall  not  be  entitled  to  judgment  under 
affi.  either  of  the  three  preceding  sections,  unless  at  the  time  of 
bringing  his  action  he  shall  file  with  his  declaration  an  affi- 
davit or  affirmation,  if  he  is  conscientiously  scrupulous  as  to 
taking  an  oath,  stating  the  true  amount  that  the  defendant  is 
indebted  to  him,  over  and  above  all  discounts,  and  shall  also 
file  the  bond,  bill  of  exchange,  promissory  note,  or  other 
writing  or  account  by  which  the  defendant  is  so  indebted  ; 
and  the  said  affidavit  or  affirmation,  may  be  made  before  any 
of  the  persons  who  may  take  an  affidavit  or  affirmation  to 
authorize  the  issuing  of  a  foreign  attachment,  and  may  be  cer- 
tified in  the  same  manner. 

Ibid,  8.9.  12.     When  any  judgment  by  default  shall  be  entered  under 

Assessment  of    the  preceding  sections,  the  court  may  assess  the  damages  on 
court.  proof  thereof,  without  empanelling  a  jury  to  do  so. 

13,  Writs  of  execution  issued  out  of  the  Superior  Court 
of  Baltimore  City,  City  Court,  or  the  Court  of  Common  Pleas, 
may  be  made  returnable,  at  the  election  of  the  plaintiff,  to 
the  next  succeeding  return  day  of  the  court  from  which  said 
writ  was  issued,  or  to  the  next  succeeding  term  of  the  said 
court. 


Ibid,  s.  10. 

Writs  returaa- 
ble  at  election 
of  plaintiff. 


4.  That  if  the  appeal  had  been  prosecuted  and  the  judgment  affirmed, 
the  plaintiffs  in  the  judgment  in  an  action  on  the  appeal  bond  could  have 
recovered  as  liquidated  damages,  the  amount  of  the  judgment  with  interest 
and  costs. 

5.  But  where  the  appeal  has  not  been  prosecuted,  and  the  judgment  has 
not  been  affirmed,  the  rule  of  damages  and  the  extent  of  recovery  will  de- 
pend upon  the  loss  and  injury  sustained  by  reason  of  the  stay  of  execution 
on  the  judgment  appealed,  from.  Keen  v.  W7dttmgtmi,  40  Md.  490;  State  v. 
Steibel,  31  Md.  34. 

Where  the  defendant  has  appeared  and  pleaded,  and  the  cause  has  been 
brought  to  trial  in  regular  course,  the  affidavit  filed  with  the  declaration  to 
entitle  the  plaintiff  to  a  judgment  by  default  under  the  act  of  1864,  c.  6,  as 
authorized  by  the  act,  in  no  manner  controls  the  nature  and  character  of  the 
proof  that  may  be  offered  by  the  plaintiff  in  support  of  his  action.  McSlierry 
V.  Brooks,  &c.,  46  Md.  104. 


COUETS.  201 

Article  XIV.— Statutes. 


14.  On  all  judgments  rendered  in  the  Court  of  Common  isbi.c.  49. 
Pleas,  the  City  Court,  and  the  Superior  Court  of  Baltimore  City,  when  execu- 
and  on  all  judgments  by  default,  when  extended  according  to  onjmigmeni'of 

1  J      1  /»      I  ■  courts. 

Jaw  and  the  course  of  the  court,  execution  may  issue  at  any 
time  after  judgment  rendered  or  extended  as  aforesaid,  and 
the  nineteenth  section  of  the  twenty-ninth  article  of  the 
Public  General  Laws,  relating  to  writs  of  execution,  shall  not 
apply  to  the  city  of  Baltimore,  so  far  as  the  same  relates  to 
the  stay  on  judgments. 

CIRCUIT  COURT. 

15.  The  regular  terms  for  the  sitting  of  the  Circuit  Court  of  i67o,  c.  32. 
Baltimore  City,  shall  be  on  the  second  Monday  of  May,  the  sec-  Terms, 
ond  Monday  of  September,  the  second  Monday  of  November, 

the  second  Monday  of  January,  and  the  second  Monday  of 
March,  in  each  year,  and  the  second  Monday  in  July  in  each 
year  shall  be  a  return  day. 

16.  Whenever  in  any  case  instituted  in  the  Circuit  Court,  p. g.  L.an.ag, 
a  jury  is  asked  for  and  allowed,  or  is  desired  by  the  judge  jury, 
thereof,  the  judge  shall  issue  an  order  to  the  Sheriff  of  Balti- 
more City,  requiring  him  to  summon  twenty  jurors  to  attend 

the  court,  when  proceedings  shall  be  had  in  such  cases  as  is 
usual  in  like  cases  in  equity.* 

*  An  appeal  will  not  lie  from  a  decree  of  the  Circuit  Court  of  Baltimore 
City  to  the  Supreme  Bench  of  Baltimore.  The  Supreme  Bench  has  only  such 
jurisdiction  as  has  been  conferred  upon  it  by  the  express  provisions  of  the 
Constitution  of  the  State.     Dykes  v.  Bunkn,  31  >Id.  239. 

The  language,  "when  proceedings  shall  be  had  in  such  case  as  is  usual 
in  like  cases  in  equity,"  in  section  58  of  Article  29  Public  General  Laws, 
(section  14,  above,)  does  not  import  any  change  in  the  organic  character  of 
the  Circuit  Court  of  Baltimore  City,  as  a  court  of  equity,  nor  imply  any 
material  change  in  the  proceedings  and  practice  in  equity,  in  pleadings  or 
evidence ;  it  relates  to  the  incidents  of  the  trial  and  effect  of  the  verdict,  as  a 
means  of  informing  the  mind  of  the  court. 

In  the  execution  of  the  special  power  vested  in  the  Circuit  Court  of  Bal- 
timore City,  by  the  aforementioned  section,   is  included,  as  a  means  ne- 


202 


Courts. 


Article  XIV.— Statutes. 


1874,  c.  312. 

Opinions  of 
judge. 


OPINIONS  OF  JUDGE. 

17.  The  act  of  1874,  c.  312,  repealed  section  110,  of  Ar- 
ticle 16  of  the  Public  General  Laws,  so  far  as  the  same  requires 
the  judge  of  the  Circuit  Court  or  the  Superior  Court  of  Balti- 
more City  to  file  opinions  for  or  in  respect  of  any  final  decree 
or  decretal  order,  whenever  such  decree  or  order  shall  have 
passed  upon  argument,  oral  or  in  writing,  on  the  part  of  any 
of  the  parties  to  a  cause. 


p.  L.  L,,  art.  4, 
sec  175. 
1876,  c.  96. 

Terms. 


CRIMINAL  COURT. 

18.  The  Criminal  Court  of  Baltimore  shall  hold  three  reg- 
ular sessions  yearly,  to  commence  on  the  second  Monday  of 
January,  second  Monday  of  May,  and  second  Monday  of  Sept- 
te'mber;  and  such  sessions  shall  continue  until  all  the  business 
before  it  shall  be  finished. 


cessary  to  the  end,  the  right  of  framing  the  issues,  and  directing  the  position 
of  the  parties  Utigant,  as  plaintiffs  or  defendants;  and  the  court  would  have 
the  right  to  instruct  the  jury,  and  to  admit  or  exclude  the  evidence  offered. 

Upon  the  trial  of  issues  by  a  jury  ordered  by  the  Circuit  Court  of  Balti- 
more City,  in  virtue  of  said  section,  bills  of  exception  to  the  rulings  of  the 
court  will  not  lie.  A  jury  having  been  ordered  by  the  Circuit  Court  of  Bal- 
timore City,  in  virtue  of  the  provisions  of  said  section,  and  the  Sheriff  hav- 
ing made  return  that  he  liad  summoned  twenty  lawful  jurors,  the  Court  of 
^Appeals  cannot  inquire  whetlier  they  were  a  part  of  the  panel  summoned  to 
attend  some  other  court,  from  which  they  were  taken,  or  whether  they 
were  in  attendance  on  some  other  court  or  not.  Where  no  objection  is 
made  to  the  form  of  the  issues  before  the  trial  in  the  court  below,  such  ob- 
jection will  not  be  considered  in  the  Court  of  Appeals.  Upon  the  rendi- 
tion of  the  verdict  upon  issues  submitted  to  a  jury  by  the  Circuit  Court  of 
Baltimore  City,  in  virtue  of  said  section,  the  party  against  whom  it  is  given, 
if  he  thinks  it  is  contrary  to  evidence,  has  the  right  to  move  for  a  new  trial, 
or  to  proceed  to  take  further  testimony. 

The  jurisdiction  of  the  Circuit  Court  of  Baltimore  City,  is  co-extensive 
with  the  limits  of  the  city,  and  unless  restrained  by  law  it  may  assemble 
within  such  limits,  wherever  its  convenience  dictates.  Barth  v.  Rosenfdd  et 
al.,  36  Md.  604. 


Courts.  203 

Article  XIV. — Statutes. 


19.  At  such  special  sessions  of  said  court,  all  cases  may  be  p.  l.  l.,  art.  4, 
tried  and  disposed  of  as  at  the  regular  terms  thereof.  cTses. 

20.  The  Criminal  Court  of  Baltimore  shall  have  iurisdic- p- g.  L.,art.29, 

.    »  1  J         1  •  sec.  59 

tion  in  all  cases  ot  felony,  and  other  cnmes,  ofi'ences  and    mis-  Jurisdiction. 
demeanors  within  the  city  of  Baltimore.* 

21.  All  commitments  and  recognizances  for  all  felonies,  ibid,8ec.r.2;  p. 
crimes,  offences  and  misdemeanors  committed  within  said  city,  in. 

shall  be  returned  from  time  to  time  by  any  justice  of  the  peace  commitments 
taking  the  same  before  said  court,  and  shall  be  lodged    with  "ilces  "^"^ 
the  clerk  of  said  court  on  the  day  next  preceding  the  day  ap- 
pointed for  holding  the  said  court. 

22.  The  justices  of  the  peace  for  Baltimore  city,  whenever  p.  l.l.,  art.  4, 
they  shall  commit  any  person  for  want  of  bail,  for  trial,  on  witness  to  be 
charges  of  assault  and  battery,  for  keeping  a  disorderly  house,  court. 

or  for  violation  of  Article  fifty-six  of  Code  of  Public  General 
Laws  entitled  Licenses,  and  for  any  other  small  offences  for 
which  no  greater  punishment  than  fine  and  imprisonment  can 
be  imposed,  shall  endorse  on  said  commitments  the  names  and 
places  of  residence  of  the  witnesses,  who  shall  have  appeared 
before  them  on  behalf  of  the  prosecution,  and  shall  recognize 
said  witnesses  to  appear  before  said  court  on  the  next  Satur- 
day thereafter. 

23.  The  Warden  of  Baltimore  City  Jail  shall,  on  receiving  ibia.rsec.  iso. 
said  commitment,  enter  the  names  and  places  of  residence  of  warden's  duty. 
said  witnesses  on   his  docket,  and  shall,  on  demand,  give  a 

copy  thereof  to  the  accused,  together  with  a  copy  of  the  com- 
mitment. 


*  Larceny.— 18U,  c.  50,  provides  that  any  person  convicted  in  tlie  Crimi- 
nal Court  of  Baltimore,  of  larceny  committed  in  Baltimore  city  to  an 
amount  under  five  dollars,  may,  in  the  discretion  of  the  judge  of  the  said 
court,  be  sentenced  to  hard  labor  in  the  jail  of  Baltimore  city  for  not  less 
than  six  months,  nor  more  than  two  years,  instead  of  the  penitentiary. 


204 


COUBTS. 


Article  XIV.— Statutes. 


Ibid,  sec.  181. 

Warden  to 
bring  prisoners 
before  court. 


Trial  before 
court. 


Ibid,  sec.  182. 

Original  cnm- 
mitmeut. 


Ibid,  sec,  IS 
Costs. 


24.  The  said  warden  shall  bring  before  the  Criminal  Court 
every  person  who  may  be  committed  to  jail  for  want  of 
bail,  for  any  of  the  offences  mentioned  in  the  above  section 
twenty,  on  the  Saturday  next  succeeding  his  or  her  commit- 
ment ;  and  if  the  said  person  shall  think  proper  to  waive  his 
or  her  right  to  a  trial  by  jury,  and  have  his  or  her  cause  heard 
and  determined  in  a  summary  way,  the  said  court  shall  hear 
and  determine  the  same,  and  the  same  shall  be  proceeded  with 
in  the  same  manner,  and  to  the  same  legal  effect,  as  if  sub- 
mitted on  presentment  or  indictment  by  the  grand  jury. 

25.  The  said  warden  shall  file  with  the  clerk  of  said  court 
the  original  commitment,  or  a  copy  thereof,  on  the  day  preced- 
ing the  trial. 

26.  The  clerk  of  said  court  shall  tax  only  half  the  legal 
charges  in  such  cases,  established  by  law  in  cases  of  indictment 
found  by  a  grand  jury ;  and  all  cases  of  presentment  for  vio- 
lation of  the  provisions  of  Article  fifty-six  of  the  Code  of 
Public  General  Laws,  may  be  tried  upon  said  presentment, 
and  be  chargeable  with  only  half  the  legal  costs  chargeable  in 
such  cases,  when  tried  upon  indictment. 

ii.id,sec.  184.         27.     It  shall  be  the  duty  of  the  Sheriff  to  make  return  of 
When  capias  to  all  capias  upoH  presentment  or  indictment  from  said  court  with- 

be  re-issued.         .       p  i  /.  i  ....  ,  i  •  i  i  i      i 

in  live  days  after  the  same  is  delivered  to  him  by  the  clerk, 
and  if  said  capias  is  returned  non  est,  the  clerk  shall,  in  the 
discretion  of  the  State's  Attorney  of  Baltimore  City,  order 
said  capias  to  be  re-issued,  and  the  same  capias  shall  again  be 
delivered  to  the  Sheriff;  and  the  date  of  the  first  return  there- 
of shall  be  endorsed  thereon  ;  and  the  second  return  shall  be 
made  within  the  time  above  specified  ;  and  in  case  the  said 
capias  is  returned  the  second  time  non  est,  the  same  shall  be 
again  so  endorsed  and  delivered  to  the  Sheriff. 

Ibid,  sec.  185.         28.     The  clcrk  of  the  said  court,  and  the  Sheriff  of  the  said 
Fees.  city,  shall  be  allowed  only  the  fees  for  the  issue  of  one  capias, 


Time  within 
which  to  be  re- 
turned. 


Courts.  205 

Article  XIV.— Statutes. 


or  for  the  service  of  one  capias  in  each  term,  however  often 
the  same  may  be  issued  or  returned. 

29.  All  subpoenas  for  witnesses  from  said  court,  shall  be  ^^^^>  ^ec.  ise. 
returned  by  the  Sheriff  within  six  days  after  the  same  are  subpoenas  for 

•'  •'  witnesses. 

issued  by  the  clerk,  or  within  six  days  after  the  day  of  the 
renewal  of  such  subpoenas,  unless  the  same  are  ordered  to  be 
returned  immediately,  in  which  case  they  shall  be  so  returned 
if  practicable. 

30.  The  said  Sheriff  shall  be  allowed  for  the  service  of  one  ibid.sec  is?. 
subpoena  only,  against  any  witness  that  may  be  returned  non  Kecs. 

est,  and  for  whom  the  said  subpoena  may  be  renewed,  whether 
one  or  oftener  in  one  term. 

31.  The  clerk  of  said  court,  if  a  subpoena  is  renewed  by  ibia.sec.  iss. 
order  of  the  State's  Attorney,  or  by  the  counsel  of  the  prisoner  Renewal  of  sub- 
or  traverser,  shall  endorse  the  renewal  on   the  subpoena,  and 

the  same  shall  have  all  the  legal  effect  of  a  new  subpoena 
issued  in  the  term  of  said  court,  during  which  said  subpoena 
was  first  issued. 

32.  The  Sheriff  of  said  city  shall  be  subject  to  a  penalty  ibi<i,Bec.  ibq. 
of  five  dollars  in   each  case  in   which  returns  are  not   made  Penalty  ou 
within  the  time  prescribed  in  this  article. 

33.  The  judge  of  said  court  shall  hold  a  court  every  Satur-  h-^g- l.,  art.  29, 
day  during  the  year,  on  which  day  no  petit  jury  shall  be  in  Saturday  court. 
attendance,  unless  such  jury  has  been  empanelled,  and  the  case  no  jury. 
before  it  not  concluded. 

34.  In  all  cases  of  misdemeanor,  which  may  be  prosecuted  ibid,sec.64. 
in  said   court,  at  the  instance  of  any  person,  if  the  party  or  wh- p---; 
parties  so  prosecuted  shall  be  acquitted,  all  the  legal  costs  and 
expenses  attending  the  prosecution  shall  be  paid  by  the  person 

at  whose  instance  such  prosecution  was  commenced,  unless  the 
court  shall  certify  that  there  was  probable  cause  for  the  prose- 
cution. 


206  CoufiTS. 

Article  XIV.— Statutes. 


Ibid,  sec.  66.  35.     The   Same  process  may  be  issued  for  the  recovery  of 

How  costs  re-  the  costs  and  expenses  of  such  prosecution  against  the  person 
who  may  become  liable  therefor  under  the  last  preceding  sec- 
tion, as  could  be  issued  against  the  party  prosecuted,  if  he, 
she  or  they  had  been  convicted. 

Ibid,  sec.  66.  36.     Whenever  the  grand  jury  shall  find  any  presentment 

Prosecutor's      agaiust  any  person  for  a  misdemeanor,  they  shall  endorse  on 

name  on  indict-  i  /»     i  i  • 

ment  for  misde-  the  presentment  the  name  or  the  person  at  whose  instance  such 

meaner. 

presentment  is  made,  who  shall  be  deemed  and  taken  to  be 
the  person  at  whose  instance  such  prosecution  was  commenced. 

Ibid,  sec.  67  37.     If  any  security  in   any  recognizance  shall  request  to 

Judge  or  court    deliver  up  the  principal,  the  said  court,  or  the  judge  thereof 

to  accept  sur-       .         ,  i  i  t  .  i 

render  by  bail,  in  thc  rcccss,  may  acccpt  such  surrender,  and  may  require  and 
take  other  recognizance,  or  commit  the  principal  to  jail  until 
he  gives  such  security  as  the  law  requires. 

Ibid,  sec.  68.  38.     If  any  person  convicted  in  said  court  shall  have  a  child 

Children  of  con- or  children  under  the  age  of  twenty-one  years,  and  shall  not 
have  property  sufficient  to  maintain  such  child  or  children,  the 
said  court  may  bind  such  child  or  children  to  any  tnxde  or 
handicraft ;  females  until  the  age  of  sixteen,  and  males  until 
the  age  of  twenty-one  years. 

Ibid,  sec.  G9.  39.     If  any  person,  who  shall  be  summoned  as  a  witness  to 

Fine  on  wit-      Said  court,  shall  fail  to  attend  as  required  in  said  summons,  he 

shall  be  fined  by  said  court  in  its  discretion,  not  exceeding  one 

hundred  and  fifty  dollars. 

Ibid,  sec. 70;  p.  40.  lu  all  Criminal  cases  in  the  said  court,  in  which  bail 
132.  '  '  '  •  shall  be  forfeited,  the  person  or  persons  who  shall  have  entered 
When  ball  lia-  iuto  sucli  rccognizauce  or  recognizances  for  the  appearance  of 
ment  for  con-  any  traverser  or  prisoner,  shall  be  liable  forthwith  to  an  attach- 
ment for  contempt  for  the  non-appearance  of  the  said  party, 
which  attachment  shall  be  issued  by  the  court  in  which  an  indict- 
ment against  said  traverser  or  prisoner  is  pending,  at  the  in- 
stance of  the  attorney  prosecuting  therein. 


tempt. 


Courts.  207 

Article  XIV.— Statutes. 


41.  In  all  cases  in   which   bail  as  aforesaid  is  forfeited,  the  iwd,  sec.  71. 

'  Ibid,  sec.  133. 

court  may,  on  the  return  of  said  attachment,  order  the  person  To  be  commu- 
ted till  pay- 
or persons  attached  to  stand  committed  until  the  amount  of  ™e"'- 

said  recognizance  is  fully  paid  and  satisfied,  or  may  order  said 

person  or  persons  to  be  discharged  upon  the  payment  of  such 

lesser  sum  as  it  shall,  in  its  discretion,  deem  proper  ;  provided,  Proviso. 

such  sum  be  not  less  than  the  amount  of  the  costs,  which  may 

have  accrued  in  the  case  up  to  the  time  of  passing  such  order.* 

42.  In  all  criminal  cases  removed  from  the  Circuit  Court  pl.  l.,  art.4, 

sec.  a-l. 

for  Baltimore  County  to  the  Criminal  Court  of  Baltimore  and  ises,  c.  i87. 
tried,  the  judge  of  the  Criminal  Court  may  allow  to  the  State's  Attorney  in  re 

A  '/•       T»    1    •  •  1  1     •  II  1   moved  cases. 

Attorney  tor  Baltimore,  in  addition  to  the  sum  now  allowed 
by  law,  a  compensation  not  exceeding  forty  dollars  in  any  one 
ease,  to  be  paid  by  Baltimore  county  to  the  Register  of  the 
City  for  the  benefit  of  the  State's  Attorney.f 

43.  The  Criminal  Court  of  Baltimore  may  appoint  assistant  ^^^■^'  "'•  ^' 
counsel  for  the  State  to  aid  in   the  trial  of  criminal  or  other  Assistant 

couu.sel. 

State  cases  in  said  court,  whenever  in  the  judgment  of  the 
court  the  public  interest  requires  it. 

44.  The  Mayor  and  City  Council  of  Baltimore  shall  levy  ibid,  sec.  a. 
and  pay  such  sum  as  in  their  judgment  will   be  an  adequate  compensation. 
compensation  for  the  services  rendered  by  such  assistant  coun- 
sel; provided,  the  sum  levied  and  paid  in  any  single  case  shall  proviso. 
not  exceed  one  hundred  dollars. 


*  Grason,  J.,  in  Blfs  case  on  Juib.  corp.,  in  Circuit  Court  for  Baltimore  Coun- 
ty, Oct.  1868,  decided  that  the  Act  of  1854, c.  114,  being  sections  40  and  41 
above,  was  unconstitutional  on  the  ground  that  a  recognizance  is  not  only 
legally  defined  as  an  obligation  of  record,  but  in  language  and  substance  is 
a  debt ;  and  the  object  of  the  act  of  1854  evidently  being  to  collect  this  debt 
by  the  process  of  attachment  of  the  person  in  the  mode  prescribed,  this  the 
Legislature  could  not  constitutionally  authorize  to  be  done.  Mace  v.  State, 
5  Md.  350 ;  Thompson  v.  State,  16  Ind.  R.  516.    Dec.  of  Rights,  art.  23,  25. 

tSee  Mayor,  &c.  v.  Co.  Com.  Bal.  Co.  19  Md.  554;  Co.  Com.  Howard  Co.  v. 
same  of  FreiVk  Co.,  30  Md.  432. 


208  Courts. 

Article  XIV.— Statutes. 


ORPHAN'S  COURT. 

1865,  c.  109.  45,     The  judges  of  the  Orphans'  Court  of  Baltimore  City 

Judges' pay.      shall  receive  six  dollars  for  every  day's  attendance  upon  the 
sessions  of  said  court,  to  be  paid  by  the  city  of  Baltimore. 

1868,  c.  20.  46.     The  bailiff  of  said  Orphans'  Court  shall  receive  four 

Pay  of  baiiifl'.    dollars  a  day  for  each  day's  attendance  upon  said  court. 

p.  L.  L.,  art.  4,  47.  Whenever  a  mariner  residing  in  or  sailing  to  or  from 
When  intestate  the  port  of  Baltimore  shall  depart  this  life  intestate,  and  leav- 
estatetode-      lus^  no  rolatioDS  within   the  fifth  degree,  to  be  reckoned  by 

volveonC.M.  .  j  -,  ,  o         '  •( 

society.  couuting  dowu  from  the  common  ancestor  to  the  more  remote, 

the  whole  surplus  estate  of  such  mariner,  after  paying  debts, 
funeral  expenses  and  costs  of  administration,  shall  devolve  on 
and  become  the  property  of  the  Charitable  Marine  Society  of 
Baltimore.* 

REGISTER  OP  WILLS. 

Ibid,  sec.  824.  48.  The  Register  of  Wills  of  Baltimore  City,  upon  his 
Bond.  election  or  appointment,  and  at  or  before  the  expiration  of 

every  two  years  thereafter,  shall  give  bond  to  the  State  of  Mary- 
land in  the  sum  of  thirty  thousand  dollars,  conditioned  for  the 
faithful  performance  of  all  the  duties  now  or  which  may  here- 
after be  required  of  him  by  law,  with  securities,  the  sufficiency 
of  which  shall  be  certified  by  the  judges  of  the  Orphans'  Court 
for  said  city,  the  same  to  be  approved  by  the  Comptroller,  and, 
when  approved,  to  be  filed  in  his  office. 


*  In  1835  application  was  made  by  an  officer  of  the  above  society  for  letters 

of  administration  on  the  estate  of  a  seaman  who  died  abroad  in .    This 

was  resisted  by  II.  having  the  funds  of  the  deceased  in  his  hands,  and  claim- 
ing to  retain  a  portion  of  it  for  services  rendered,  the  deceased  having  no 
kindred :  held,  that  H.  on  proving  himself  to  be  a  creditor,  would  be  entitled 
to  administration,  and  that  in  the  absence  of  sucli  proof  the  Orphans'  Court 
could  grant  letters  in  their  discretion.  Hoffman  v.  Gould,  8  G.  and  J.  79. 
See  Code  P.  G.  L.  Art.  93,  sec.  136 ;  O.  IT.  ^hml  v.  Oreenwdl,  4  G.  &  J.  407 ; 
I'homas,  adnCr,  v.  Fred.  Co.  Scliod,  7  G.  and  J.  369. 


Courts.  209 

Article  XIV.— Statutes. 


49.  When  said  bond  is  inspected  by  the  judges  of  said  iwd,  sec.  sas. 
court,  and  is  deemed  good  and  sufficient,  and  is  so  certified,  the  Approval  of 
same  shall  be  forthwith  entered  among  the  proceedings  of  said 

court,  and  sent  to  the  Comptroller  for  his  approval,  and  when 
said  bond  shall  be  approved  by  the  Comptroller,  he  shall  forth- 
with make  a  certificate  of  the  fact  of  such  approval,  and  send 
the  said  certificate  to  the  judges  of  said  Orphans'  Court,  and 
the  same  shall  be  entered  among  the  proceedings  of  the  court. 

50.  A  refusal  or  neglect  on  the  part  of  said  Register  to  give  ibid,  sac.  sae. 
bond,  to  be  approved  and  recorded  as  aforesaid  within  the  time  Neglect  to  bond 

^  ^  ...  '^  vacate  ofllce. 

prescribed,  shall  be  deemed  a  disqualification  within  the  mean- 
ing of  the  Constitution,  and  thereupon  his  place  shall  be  filled 
according  to  the  provisions  of  the  twenty-fifth  and  forty-first 
sections*  of  the  fourth  article  of  the  Constitution,  and  subject 
to  the  term  and  service  therein  prescribed. 

CLERKS  OF  LAW  COURTS. 

51.  The  clerk  of  the  Superior  Court  of  Baltimore  City  shall  p,,g.  L.,^art- '«' 
give  bond  to  the  State  of  Maryland  in  the  sum  of  thirty  thou-  ise^.c.ioij.s. 
sand  dollars,  the  clerk  of  the  Court  of  Common  Pleas  in  the  ^o^^^^of  ^lerks 
sum  of  fifty  thousand  dollars,  and  the  clerk  of  the  Baltimore 

City  Court  in  the  sum  of  twenty  thousand  dollars,  each  of  said 
bonds  conditioned  for  the  faithful  performance  of  all  the  duties 
now  required  of  each  of  said  clerks  by  law,  or  which  may 
hereafter  be  required  of  them  by  law,  with  sufficient  securities; 
the  sufficiency  of  which  securities  shall  be  certified  to  by  the 
judge  of  each  of  said  courts,  and  approved  by  the  Comptroller 
as  herein  directed. 

52.  When  the  sufficiency  of  the  securities  in  each  of  said  ibid,  sec.  67. 
bonds  is  certified  to  by  the  judges  of  the  several  courts,  the  Approval, 
bonds  shall  be  immediately  recorded  among  the  proceedings  of 

the  court  to  which  the  said  clerk  belongs,  and  then  sent  to  the 


*Sec.  15,  p.  189,  ante. 


210 


Courts. 


Article  XIV. — Statutes. 


Ibid,  sec. 


Renewal  of 
bond. 


Ibid,  sec.  69. 

Failure  to  give 
bond. 


Ibid,  sec.  70. 

No  deputy  to 
be  surety. 

1864,  c.  74. 
1864,  c.  385. 

To  keep  an  in- 
dex of  judg- 
ments. 


Comptroller  for  his  approval ;  and  if  the  Comptroller  shall  ap- 
prove said  bonds  and  securities,  he  shall  certify  the  same  to  the 
judges  of  said  several  courts,  and  such  certificates  shall  be 
recorded  in  such  appropriate  courts. 

53.  Each  of  said  clerks  shall  every  second  year  renew  his 
said  bond  in  the  same  penalty,  and  with  securities  to  be  certi- 
fied and  approved  as  hereinbefore  directed. 

54.  If  any  one  of  the  clerks  of  said  courts  shall  fail  to  give 
bond  as  herein  directed,  within  thirty  days  after  he  has  received 
his  commission,  or  shall  fail  to  give  a  new  bond  within  thirty 
dayB  after  the  expiration  of  two  years  from  the  date  of  the 
bond  previously  given,  it  shall  be  regarded  as  a  misdemeanor 
in  ofiice,  and  upon  conviction  thereof  he  shall  be  removed.* 

55.  No  deputy  or  assistant  of  a  clerk  shall  become  a  surety 
on  his  official  bond. 

56.  The  clerks  of  the  Superior  Court  of  Baltimore  City 
of  the  Common  Pleas,  and  Baltimore  City  Court,  are  each 
authorized  and  required  to  prepare  an  index  of  all  judgments 


*The  Const,  of  1851,  Art.  4,  sec.  14,  and  Const.  1864,  Art.  4,  sees.  29,  39, 
provided  that  the  clerk  of  the  Superior  Court  of  Baltimore  City  should  be 
subject  "  to  be  removed  for  wilful  neglect  of  duty,  or  other  misdemeanor  in 
office,  on  conviction  in  a  court  of  law."  The  act  of  1856,  c.  286,  s.  5,  enacted 
that  "  a  refusal  or  neglect "  on  the  part  of  this  clerk  to  give  the  bond  pre- 
scribed by  this  act  "  wittiin  thirty  days  after  its  passage  shall  be  deemed  a  dis- 
qualification within  the  meaning  of  the  Constitution,"  and  directed  his  place 
to  be  filled  by  the  judge  of  the  court,  as  provided  in  case  of  a  vacancy  by  ihe 
provisions  of  the  Constitution.  Held,  that  this  section  of  the  act  in  question 
was  unconstitutional,  because  it  provided  for  the  removal  of  the  clerk  in  a 
manner  directly  in  conflict  with  the  one  prescribed  by  the  Constitution. — 
Before  the  clerk  could  be  removed  for  such  failure  to  gjve  bond,  he  must  be 
convicted  therefor  in  "  a  Court  of  law  of  wilful  neglect  of  duty  in  office," 
[sec.  54.]  The  Constitution  of  1851,  Art.  4,  sec.  16,  made  all  existing  laws 
relating  to  the  former  clerks  applicable  to  the  new  clerks  to  be  elected  under 
thatjnstrument,  and  gave  the  Legislature  power  from  time  to  time  to  amend 
and  alter  them,  and  under  this  provision  the  Legislature  had  the  power  to 
pass  the  act  of  1856,  c.  286,  with  the  exception  of  s.  5,  [which  is  sec.  54, 
modified  to  conform  to  this  decision.]  Bowling  v.  Smith,  9  Md.  242.  See 
Const.  1867,  Art.  4,  sees.  37,  39. 


COUKTS.  211 

Article  XIV.— Statutes. 


rendered  in  the  courts  aforesaid,  and  they  shall  severally,  on 
each  day  after  the  adjournment  of  court,  enter  in  a  book  to  be 
provided  for  that  purpose,  an  index  of  each  judgment  rendered 
in  the  court  whereof  he  is  clerk,  and  they  are  authorized  sever- 
ally to  charge  and  receive  ten  cents  for  each  judgment  indexed 
as  aforesaid ;  said  fee  to  be  taxed  in  the  bill  of  costs  of  each 
case  in  which  judgment  is  entered,  to  be  collected  as  other 
fees  are  now  collected. 

CLERK  OF  THE  CRIMINAL  COURT. 

57.  The  clerk  of  the  Criminal  Court  of  Baltimore  shall  ibid,  sec.  74. 
ffive  bond  to  the  State  of  Maryland  in  the  penalty  of  fourteen  Bond  of  cierk; 

o  •'  'of  Criminal 

thousand  dollars,  with  suflBcient  sucurity,  to  be  approved  by  court. 
the  judge  of  said  court,  and  conditioned  for  the  faithful  per- 
formance of  all  the  duties  now  required,  or  which  may  here- 
after be  required  of  him  by  law,  and  to  be  recorded  in  the 
office  of  said  clerk. 

58.  The  said  clerk  shall  renew  said  bond  at  the  same  time  iwd,  sec.  75. 
and  under  the  same  penalty  as  are  prescribed  for  the  clerks  of  B^enewaiof 
the  circuit  courts. 

CLERK  OF  THE  CIRCUIT  COURT. 

59.  There  shall  be  a  clerk  of  the  Circuit  Court  for  Balti-  ibid,  sec.  76. 
more  City,  who  shall  in  his  election,  tenure  of  office,  liabilities,  cierk of  circuit 
powers,  duties  and  compensation,  in  all  respects  stand  on  the 

same  footing  with  the  clerk  of  the  Superior  Court  of  Baltimore 
City  ;  provided,  that  his  powers,  duties  and  compensation  shall  proviso. 
be  limited  to  cases  in  which  the  circuit  court  has  jurisdiction ; 
and  he  shall  enter  into  bond  to  the  State  in  the  penalty  of  Bond, 
twenty  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  his  duties,  with  security  to  be  approved  by  the  judge  of  said 
court. 


212  Courts. 

Article  XIV.— Statutes. 


SALARIES  OF  CLERKS. 

1868,  c.  54.  60.     Whenever  the  fees  or  other  coin])ensation  of  any  of  the 

Salaries  of        clcrks  of  the  courts  of  Baltimore  city  shall,  after  the  payment 

clerks. 

of  all  necessary  expenses,  fail  to  pay  such  officers  the  salary 
provided  for  by  the  constitution,  and  said  clerks,  or  any  of 
them,  shall,  under  section  first,  article  fifteen,  of  the  constitu- 
tion, have  paid  to  the  State  any  sum  or  sums  of  money  as  ex- 
cess, after  retaining  his  salary,  such  excess,  is  hereby  appropria- 
ted to  the  payment  of  the  salary  or  salaries  so  in  arrear  until 
each  of  said  clerks  shall  have  received  the  full  amount  thereof; 
Dutyof  comp-  and  it  shall  be  the  duty  of  the  Comptroller   of  the  State  to 

troller.  •'  ' 

draw  a  warrant  upon  the  State  Treasurer  for  the  payment  of 
said  arrears  out  of  the  said  excess,  not  to  exceed  the  amount 
so  in  arrear,  and  not  to  exceed  the  whole  amount  of  said  excess 
paid  into  the  treasury  of  the  State.* 

COURT  OFFICERS, 
p.  L.  L.,art.  4,       61.     The  clcrks  of  the  Circuit  Court,  the  Criminal  Court, 

sec.  134  ' 

1870,0.94.        the  Court  of  Common  Pleas,  the  City  Court  and  the  Superior 

Pay.  Court  of  Baltimore  City,  shall  severally,  at  the  end  of  every 

month,  certify  to  the  Mayor  and  Register  of  the  City  the  amount 

due  the  several  bailiffs  and  criers  of  their  respective   courts, 

and  the  Mayor  and  Register  shall  pay  them  accordingly. 

1864,  c.  113.  62.     The  Register  of  the  City  of  Baltimore  shall  pay  to  the 

Their  salaries,  cricr  of  the  Suporior  Court  of  Baltimore  City,  and  the  crier  of 
the  Court  of  Common  Pleas  for  Baltimore  City,  the  sum  of 
fifteen  hundred  dollars  per  annum,  in  monthly  instalments  of 
one  hundred  and  twenty-five  dollars  at  the  end  of  each  and 
every  month,  as,  and  for  their  respective  salaries,  on  the  certifi- 
cate of  the  clerks  of  said  courts,  that  said  criers  have  perform- 

*  1868,  c.  54,  was  enacted  to  carry  into  effect  section  37,  Art.  4  of  Const., 
p.  186,  ante.    See  Const.,  Art.  3,  sec.  45,  and  Art.  15,  sec.  1. 


Courts.  213 

Article  XIV.— Statutes. 


ed  their  several  duties  as  criers  of  said  courts  for  the  time  so 
certified  by  said  clerks. 

63.  The  Register  of  the  City  of  Baltimore  shall  pay  to  the  i87o,  c.  94. 
bailifis  respectively  of  the  Superior  Court  of  Baltimore  City,  salaries  of  baii- 
of  the  Court  of  Commoo  Pleas  of  Baltimore  City,  of  the  Bal- 
timore City  Court,  of  the  Circuit  Court  of  Baltimore  City,  and 

of  the  Criminal  Court  of  Baltimore  City,  the  sum  of  fifteen 
hundred  dollars  per  annum,  as,  and  for  their  respective  salaries, 
at  the  same  time  and  in  the  same  manner  as  is  provided  in  the 
preceding  section  for  the  payment  of  the  salaries  of  the  crier 
of  the  Superior  Court,  and  the  crier  of  the  Court  of  Common 
Pleas  of  Baltimore  City. 

64.  The  clerk  of  the  Circuit  Court  of  Baltimore  City,  is  i87a,c.  87. 
authorized  and   empowered    to  appoint   a  night   watchman,  Night  watch- 

»  ^  '^  °  man  of  office  of 

whose  duty  shall  be  to  strictly  and  vigilantly  guard  throughout  ^^^\°^  ^'""''^^ 
the  year,  between  the  hours  of  six  P.  M.  and  seven  A.  M.,  the  Duties. 
records  and  papers  deposited  in  the  ofiice  of  the  clerk  of  the 
Circuit  Court  of  Baltimore  City,  and  who  shall  be  removed,  Removal  of 

watchman. 

in  the  discretion  of  the  said  clerk  of  the  Circuit  Court,  for  neg- 
lect or  carelessness  in  the  discharge  of  his  duties,  or  for  other 
good  and  sufiicient  cause. 

65.  The  Register  of  the  City  of  Baltimore  shall  pay  to  the  ibid,  s.  2. 
said  watchman  the  sum  of  nine  hundred  dollars  per  annum,  as,  city  Register  to 

•J     1     i-       i.u     pay  salary. 

and  for  his  salary,  in  the  same  manner  as  is  provided  tor  the 
payment  of  the  salaries  of  the  bailifl^s  of  the  courts. 

66.  The  clerk  of  the  Court  of  Common  Pleas  in  Baltimore  i878,  c  479. 
City  is  hereby  authorized  and  empowered  to  appoint  a  night  Night  wau;h-^^ 
watchman,  whose  duty  it  shall  be  to  strictly  and  vigilantly  cffj,"^^^;"'"- 
guard  throughout  the  year  the  records  and  papers  deposited  in  Du.ies.      , 
the  office  of  the  clerk  of  the  Court  of  Common  Pleas,  and 

who  shall  be  removed,  in  the  discretion  of  the  said  clerk,  for  Removal, 
neglect  or  carelessness  in  the  discharge  of  his  duties  or  for 
other  good  and  sufficient  cause. 


214  Courts. 

Article  XIV.— Statutes. 


Ibid,  s.  2.  67.     The  Register  of  the  City  of  Baltimore  shall  pay  to  the 

Salary.  Said  watchmaii  the  sum  of  eighty-three  dollars  and  thirty- three 

cents  per  month,  as,  and  for  his  salary,  in  the  same  manner  as 

is  provided  for  the  payment  of  the  salaries  of  the  bailiffs  of 

the  courts. 

STENOGRAPHERS. 

1867,  c.  573, s.i.      68.     In  cvcry  action  in  which  issue  of  fact  is  now,  or  shall 
Fund  for  pay-    hereafter  be  ioined  in  the  Superior  Court  of  Baltimore  City, 

mentof  steno-  ^ 

graphers.  or  in  the  Court  of  Common  Pleas,  except  in  cases  of  appeal 

from  a  judgment  of  a  justice  of  the  peace,  the  plaintiff  or 
plaintiffs  in  such  action,  shall  as  a  condition  precedent  to  such 
action  being  brought  to  trial,  pay  to  the  clerk  the  sum  of  three 
dollars,  and  in  every  such  action  brought  in  the  Court  of  Com- 
mon Pleas  on  appeal  from  a  judgment  of  a  justice  of  the  peace, 
the  party  appellant  shall,  as  a  condition  precedent  to  such 
action  being  brought  to  trial,  pay  to  the  clerk  the  sum  of  one 
dollar,  and  the  amounts  so  received  by  the  clerks  of  said  courts, 
respectively,  shall  be  accounted  for  under  oath  and  paid  over 
monthly  by  the  said  clerks  to  the  Comptroller  of  the  City  of  Balti- 
more, and  by  him  deposited  in  the  city  treasury,  to  be  used  as 
a  fund  for  the  payment  of  the  stenographers  employed  in  said 
courts,  as  provided  for  in  the  next  succeeding  section.  If 
the  fund  thus  created  be  inadequate  to  pay  such  salaries,  the 
additional  amount  necessary  for  such  payment  shall  be  taken 
and  paid  from  the  fund  appropriated  by  the  Mayor  and  City 
Council  of  Baltimore  for  certain  expenses,  to  which  fund  any 
surplus  of  the  sums  so  paid  over  to  the  Comptroller,  as  herein- 
before provided,  shall  be  credited. 

Ibid,  s.  2.  69.     The  judge  of  each  of  the  courts  hereinbefore  named, 

stenographers    is  hereby  authorized  and  directed  to  appoint  a  stenographer 
Common  Pleas  for  such  court,  who  shall  be  a  sworn  officer  of  the  court,  and 

and  Superior 

Court.  shall  be  paid  a  salary  of  twenty-five  hundred  dollars  per  an- 

Their  salaries,   num,  in  like  manner  as  the  salaries  of  other  ofiicers  of  the 

court  are  now  paid,  as  prescribed  in  section  134,  P.  L.  L.  Art. 


Courts.  215 

Article  XIV.— Statutes. 


4  (being  sec.  61,  p.  212,  ante.)     The  stenographer  so  appointed 
shall  be  skilled  in  the  practice  of  his  art,  and  shall  hold  his 
position  so  long  as  he  efficiently  discharges  the  duties  of  his 
office.     It  shall  be  his  duty,  under  the  direction  of  the  judge  Duties. 
of  the  court,  to  take  full  stenographic  notes  of  all  oral  testi- 
mony and  judicial  opinions  orally  delivered  in  every  trial  at 
the  regular  terms  tfiereof ;  and  in  case  the  judge  shall  require 
a  transcript  of  such  stenographic  notes,  or  of  any  portion 
thereof,  he  shall  order  the  expense  of  such  transcription  to  be 
paid  equally  by  the  parties  to  the  action  at  the  rate  of  ten 
cents  for  every  one  hundred  words  so  transcribed,  and  shall 
enforce  payment  thereof;  and  the  amount  so  paid,  together 
with  the  sum  paid  as  a  condition  precedent  to  the  cause  being 
brought  to  trial,  shall  be  deemed  a  necessary  disbursement  of 
the  ^;rial  and  allowed  as  such  to  the  prevailing  party  in  the 
action,  and  shall  be  so  taxed  in  the  bill  of  costs  of  the  action. 
It  shall  further  be  the  duty  of  the  stenographer  to  furnish  to 
any  party  to  such  trials,  upon  request,  a  copy  of  the  notes  of 
testimony  and  judicial  opinions  taken  by  him  on  such  trials,  or 
of  such  part  thereof  as  may  be  required,  on  payment,  on  be- 
half of  such  party,  of  the  expense  of  such  copy  at  the  rate 
hereinbefore  prescribed.     It  shall  further  be  his  duty,  under 
the  superintendence  and  direction  of  the  judge  of  the  court,  to 
prepare  for  publication,  from  time  to  time,  a  volume  of  reports  Reports  of  cases. 
of  such  judicial  opinions  of  the  court  as  the  judge  thereof  may 
designate,  and  particularly  of  such  as  may  concern  questions 
of  interest    to  courts  in  other  portions  of  the   State,     fie 
shall  receive  no  additional  compensation  for  the  preparation  of 
such  reports,  but  shall  be  entitled  to  the  copyrights  thereof, 
provided  they  shall  be  published  at  his  expense. 

7   70.     The  judges  of  the  Orphans'  Court  of  the  City  of  Balti-  iv.d,  s.  3. 
more  are  hereby  authorized  and  directed  to  appoint  a  steno-  s^tenographer 
grapber  for  that  court,  who  shall  be  a  sworn  officer  of  the  court,  court. 
but  shall  be  required  to  attend  the  sessions  of  such  court  only 


216  COUKTS. 

Article  XIV.— Statutes. 


when    specially  summoned   by   the   presiding  judge   thereof. 

His  duties.  The  Stenographer  so  appointed  shall  be  skilled  in  the  practice 
of  his  art,  and  shall  hold  his  position  so  long  as  he  efficiently 
discharges  the  duties  of  his  office.  In  any  proceeding  in  said 
court  in  which  either  party  shall  give  notice  that  in  the  event 
of  a  decision  of  said  court  adverse  to  the  claim  of  such  party, 
an  appeal  will  be  taken  to  the  Court  of  Appeals,  the  presiding 
judge  of  the  court  shall  require  the  attendance  of  the  steno- 
grapher, whose  duty  it  shall  be  in  such  proceedings,  to  take 
full  stenographic  notes  of  all  oral  proofs  and  judicial  opinions 
.  orally  delivered,  and  in  case  appeal  shall  be  taken  from  the 
decision  of  the  court,  such  notes  shall  be  transcribed,  and  after 
being  signed  by  the  witnesses,  deponents  or  affiants,  shall  be- 
come a  portion  of  the  record  of  the  case,  to  be  transmitted  by 
the  judges  of  the  court  to  the  Court  of  Appeals.  By  consent 
of  the  parties  to  the  proceeding  in  which  such  proofs  shall  be 
taken,  and  of  the  judges  of  said  court,  the  signing  of  such  re- 
cord* of  proof  by  the  witness,  deponent,  or  affiant,  may  be 
waived,  in  which  case  such  record,  after  being  authenticated 
by  the  certificate  of  said  stenographer,  or  of  the  presiding 
judge  of  the  court,  shall  be  deemed  to  be  the  record  of  any 
proofs  or  proceedings  so  taken.     The  stenographer  shall  receive 

Hiscompensa-  as  Compensation  for  his  services,  the  sum  of  eight  dollars  for 

tion.  '  c5 

each  day  of  actual  attendance  at  the  court,  by  direction  of  the 
presiding  judge  thereof,  which  sum  the  presiding  judge  shall 
cause  to  be  paid  equally  by  the  respective  parties  to  the  pro- 
ceeding in  which  the  notes  shall  be  taken,  and  shall  enfbrce 
payment  thereof,  and  if  the  notes  so  taken  shall  be  transcribed, 
as  hereinbefore  provided,  the  expense  of  such  transcription  at 
the  rate  of  ten  cents  for  each  one  hundred  words  so  tran- 
scribed, shall  be  taxed  in  the  bill  of  costs  of  the  proceeding  to 

*  Under  act  of  1867,  c.  373,  s.  3,  [sec.  70  above]  depositions  of  witnesses  taken 
"without  the  aid  of  the  stenographer,  are  not  required  to  be  signed  by  the  de- 
ponents. Cannon,  Adirix.  v.  Crook  dt  Wife,  32  Md.  483 ;  Benison  v.  Denison, 
35  Md.  370. 


Courts.  217 

Article  XIV.— Statutes. 


the  party  appellant,  and  shall  thereafter  be  awarded  as  costs 
by  the  Court  of  Appeals,  in  accordance  with  the  provisions  of 
section  forty-two  of  article  twenty-nine  of  the  Code  of  Public 
General  Laws. 

71.     The  stenographer  in  each  of  the  courts  hereinbefore  iwa,  s.  4. 

named  may  appoint  an  assistant  stenographer,  who  shall  also  Assistant  steno- 
graphers. 
be  a  sworn  officer  of  the  court,  to  assist  him  in  the  discharge  of 

his  duties ;  provided,  that  no  additional  compensation  shall  be  Proviso. 

paid,  or  expense  incurred,  by  reason  of  such  appointment. 


SHERIFF. 

72.  The  Sheriff  of  Baltimore  City  shall   be  allowed   four  i874,  c.  soo. 
dollars  a  day  for  every  day  he  shall  attend,  either  in  person  or  Pay. 

by  deputy,  in  the  Superior  Court  of  Baltimore  City,  and  in 
the  Court  of  Common  Pleas,  and  in  the  Baltimore  City  Court, 
and  in  the  Criminal  Court  of  Baltimore,  to  be  paid  to  him  out 
of  the  money  received  as  fees  or  fines  in  the  Sheriif 's  office, 
belonging  to  the  State. 

73.  Any  officer  may  send  out  his  fees  on  execution  at  any  isei,  c.  55. 

.  ,       .  ,  Execution  for 

time  during  the  year.  tees. 

74.  The  Sheriff  shall  collect  the  fees  due  to  the  following  isei,  c.  53, «.  a. 
officers,  which    may  be    placed    in    his   hands   for  collection,  what  officers' 

'  •'  •  _  tees  stierifl  to 

namely:  attorneys,  clerks  of  all  the  courts,  commissioner  ofcouect. 
the  land  office,  coroners,  criers,  registers  of  wills,  surveyors  and 
sheriffis. 

75.  The  Sheriff  may  distrain  or  execute  the  goods  and  ibid,  a.  3. 
chattels  of  any  person   against  whom   any  fees  are  placed  in  when.sheriif 
his  hands  for  collection  ;  provided,  he  has  sixty  days  previously  *<=■>  f«r  fee..' 
delivered  to  such  person,  or  left  at  his  place  of  abode,  an  account  Proviso. 

of  such  fees. 


218 


Courts. 


Article  XIV.— Statutes. 


1878.  c.  28. 
Per  diem. 


In  Criminal 
Court. 


WITNESSES. 

76.  Witnesses  attending  any  of  the  courts  of  Baltimore 
citv,  except  the  Criminal  Court  of  Baltimore,  shall  be  entitled 
to  fifty  cents  a  day,  and  in  the  Criminal  Court  shall  not  be 
entitled  to  said  allowance,  except  by  the  express  order  of  the 
court,  and  only  in  such  cases  as  the  court  in  its  discretion  may 
deem  proper. 


JUSTICES  OP  THE  PEACE  AND  CONSTABLES. 

1876,  c. -28.  77.     The  Governor,  by  and  with  the  advice  and  consent  of 

Appointment  of  the  Senate,  shall  appoint  seven  Justices  of  the  Peace  from  the 

justices.  1        (- 

First  Legislative  District  of  Baltimore  City,  one  for  each  of 
the  wards  thereof;  seven  Justices  of  tlie  Peace  from  the  Second 
Legislative  District  of  Baltimore  City,  one  for  each  of  the 
wards  thereof;  six  Justices  of  the  Peace  from  the  Third  Legis- 
lative District  of  Baltimore  City,  one  for  each  of  the  wards 
thereof;  and  six  Justices  of  the  Peace  from  the  City  of  Balti- 
more at  large,  who  shall  be  appointed  from  such  ward  or  wards 
as  the  Governor  may  elect  and  determine. 

78.  Each  of  said  Justices  of  the  Peace,  before  entering 
upon  the  duties  of  his  office,  shall  give  to  the  State  of  Mary- 
land a  good  and  sufiicient  bond,  with  a  surety  or  sureties  to  be 
approved  by  the  judge  of  the  Superior  Court  of  Baltimore 
City,  in  tlie  penalty  of  five  thousand  dollars,  with  conditions 
that  he  will  truly  and  faithfully  discharge,  execute  and  perform 
all  and  singular  the  duties  and  obligations  of  theoflice  of  Justice 
of  the  Peace;  and  that  he  will  account  for  and  pay  over  to  the 
clerk  of  the  Court  of  Common  Pleas  and  to  the  Register  of  the 
City  of  Baltimore,  respectively,  all  fines,  penalties  and  forfei- 
tures, or  the  portion  thereof  which  he  is  bound  to  account  for  and 
pay  over  to  said  respective  ofiicers,  and  that  he  will  faithfully  and 
truly  account  for  and  pay  over  to  the  person  or  persons  or  cor- 
poration entitled  to  receive  the  same  all  money  belonging  to 


1876,  c.  28. 
Bonds. 


What  to  ac- 
count for. 


Courts.  219 

Article  XIV. — Statutes. 


such  person  or  persons  or  corporation  which  may  come  into  his 
hands  as  such  justice  of  the  peace. 


79.  The  Justices  of  the  Peace  for  said  city  shall  keep  their  p.  l.  l.,  art.  4, 

sec.  621. 

places  of  official  business  open  each  and  every  day  (Sunday  OAice  hours, 
excepted,)  from  the  hour  of  eight  o'clock  in  the  forenoon  until 
one  o'clock  in  the  afternoon,  and  from  three  o'clock  in  the 
afternoon  until  six  o'clock  in  the  afternoon ;  but  nothing 
herein  contained  shall  be  construed  to  exempt  them  from  the 
duty  of  attending  at  all  times  to  the  criminal  business  of  the 
State. 

80.  No  Justice  of  the  Peace,  in  any  case  of  debt  or  damages  ibi<i,  sec.  622. 
whatever,  shall  issue  a  summons  or  execution,  except  on  ap  Not  to  issue 

writ  but  on  ap- 
plication for  the  same  by  the  plaintiff  or  his  attorney  in  person,  i;"9»M°'»  °*  ^ 

or  by  writing  accompanied  with  the  cause  or  causes  of  action  Forney. 

in  said  case ;  and  if  any  justice  of  the  peace  for  said  city  shall 

issue   a   summons   or   execution    contrary    hereto,   or  if  any 

constable  shall    serve  the    same    knowingly,   such  justice   or 

constable  shall  be  liable  to  indictment  in  the  Criminal  Court  Penalty. 

of  Baltimore,  and    shall    on    conviction  be  disqualified    from 

holding  his  office. 

81.  Every  summons  issued  by  said  justices  shall  be  made  iwd,  sec.  ew. 
returnable  before  the  same,  or  any  justice  of  the  peace  of  the  Before  whom 

'  "^    ''  u    1 1  summons  may 

ward  in  which  tlie  debtor  may  reside,  and  the  defendant  shall  ^e  made^return- 
have  his  election  to  have  his  cause  tried  before  the  justice  who  t"ed. 


Note.— In  City  Court  January  24, 1876,  Wollnum  v.  Sonneborn.  In  this 
case  the  plaintiff  held  defendant's  promissory  note  for  $100,  on  which  in- 
terest was  due.  He  sued  before  a  justice,  waiving  the  interest,  and  on  appeal 
by  defendant  from  the  judgment  below,  Brown,  C.  J.,  held  that :  the  plam- 
tiff  had  a  right,  if  he  saw  fit,  to  waive  the  interest  for  the  purpose  of  bringing 
the  case  within  the  justice's  jurisdiction,  as  the  interest  was  not  part  of  the 
original  contract. 


220  CODRTB. 

Article  XIV.— Statutes. 


issued  the  summons,  or  before  the  justice  of  the  ward  in  which 
he  resides.* 


*  This  act  applies  only  to  civil  suits  and  not  to  a  penal  prosecution  for  violat- 
ing a  city  ordinance,  punishable  by  fine.  Mace's  case,  5  Md.  387,  decides 
that  the  word  "  debtor"  applies  to  one  owing  an  obligation  strictly  civil  in 
its  nature,  and  does  not  describe  the  perpetrator  of  an  offence  "  punishable 
by  fines."  Smith  v.  Mayor,  &c.,  Supreme  Bench  Baltimore  City,  1869.  Brown , 
C.  J.,  made  a  similar  decision  in  City  Court  June  12, 1874,  Finn^/an  v.  Welhy, 
and  relied  on  this  case  of  Smith  v.  Mayor,  &c. 

The  following  are  decisions  by  Brown,  C.  J.,  in  City  Court: 

Wangeman  v.  Brewer,  petition  for  a  mandamus,  Dec.  '73.  This  is  a 
petition  by  Ernest  Wangeman,  who  resides  in  the  tenth  ward,  for  a  writ  of 
mandamus  to  be  directed  to  Charles  P.  Brewer,  a  justice  of  the  peace,  ap- 
pointed for  the  said  ward,  but  who  has  his  office  in  the  ninth  ward,  requiring 
him  to  transmit  the  papers  and  proceedings  on  a  writ  of  replevin  issued  by 
him  against  said  Wangeman  to  Otto  Benner,  a  justice  of  the  peace,  who  has 
his  office  in  the  tenth  ward.  It  does  not  appear  for  what  ward  Justice  Ben- 
ner was  appointed.  It  is  maintained  by  the  petition  that  he  has  the  right  to 
insist  that  the  case  against  him  should  be  tried  in  the  ward  in  which  he 
resides,  and,  therefore,  that  the  papers  and  proceedings  should  be  transmined 
to  Justice  Benner,  because  he  has  his  office  therein,  whether  he  was  appointed 
for  that  ward  or  not.  The  writ  of  replevin  contains  a  summons  to  defendant. 
The  act  of  1868,  chapter  375,  provides  that "  every  summons  issued  by  said 
justices  shall  be  made  returnable  before  the  same  or  any  justice  of  the  peace 
of  the  ward  in  which  the  debtor  may  reside,  and  the  defendant  shall  have 
his  election  to  have  his  cause  tried  before  the  justice  who  issued  the  sum- 
mons, or  before  the  justice  of  the  ward  in  which  he  resides."  (Sec.  81, 
above.)  The  election  given  to  the  defendant  is  to  have  his  case  tried  either 
before  the  justice  who  issued  the  summons  or  before  the  justice  of  the  ward 
in  which  he  resides.  The  expression,  "justice  of  the  ward  in  which  he 
resides,"  means  justice  appointed  for  tJie  ward  in  which  the  defendant  resides, 
and  not  a  justice  appointed  for  another  ward  but  who  has  his  office  in  the  ward 
where  the  defendant  resides ;  and  as  in  this  case  Justice  Brewer  not  only 
issued  the  writ,  but  was  appointed  for  the  ward  in  which  the  defendant 
resides,  I  have  no  doubt  that  he  has  jurisdiction  of  the  case.  The  petition 
is  dismissed  with  costs. 

Wm.  S.  Rayner  v.  H.  W.  Sivncden,  April,  '74.  This  is  a  petition  by  Wm. 
S.  Rayner  for  a  mandamus  against  H.  W.  Snowden,  a  justice  of  the  peace. 
The  petitioner  states  that  he  resides  in  the  twelfth  ward  of  the  city  of  Balti- 
more, and  that  the  defendent  is  a  justice  of  the  peace  for  a  different  ward, 
and  that  he  issued  a  summons  directed  to  petitioner,  requiring  him  to  show 
cause  why  restitution  of  certain  premises  should  not  be  delivered  to  the 
plaintiff  in  the  proceedings  pending  before  the  defendant.    The  petitioner 


Courts.  221 

Article  XIV.— Statutes. 


82.     The  juRtices  of  said  city,  when  called  out  of  their  offices  p.  l.  l.,  art.  4, 
on  business  not  judicial,  and  not  relating  to  criminal  procedure,  pTy  when  called 
may  receive  such  compensation  for  their  services,  in  addition  ''°'"°®''^- 
to  their  fees  of  office,  as  the  party  requiring  their  services  may 
allow  them. 


further  says  tliat  he  made  application  to  defendant  for  a  removal  of  the  said 
proceedings  to  George  V.  Metzel,  a  justice  of  the  peace  of  the  ward  in  wliich 
petitioner  resides,  but  that  said  defendent  refuses  to  transmit  them,  and  the 
object  of  the  mandamus  is  to  compel  him  to  do  so.  Petitioner  claims  that 
by  virtue  of  section  633,  P.  L.  L.  Art.  4,  for  the  city  of  Baltimore,  as  amend- 
ed by  the  act  of  1868,  chapter  375,  (section  81,  above,)  he  has  the  right  to 
elect  that  said  proceedings  shall  be  tried  before  a  justice  of  the  peace  of  the 
ward  where  petitioner  resndas.  The  privilege  of  election  is  a  special  one, 
granted  by  this  section  only,  and  the  summons  mentioned  in  it  is  against 
one  who  is  described  as  a  debtor,  but  the  proceedings  before  Justice  Snowden 
against  the  petitioner  are  for  the  restitution  of  possession  of  land,  and  are  in  the 
nature  of  a  suit  in  ejectment,  in  which  the  defendant  is  not  properly  described 
as  a  debtor.  This  is  made  more  plain  by  reference  to  the  section  immediately 
preceding,  which  only  embraces  cases  of  debt  or  damages.  The  proceedings 
for  the  restitution  of  land  are  to  enable  a  landlord  to  obtain  possession  of 
his  property  after  proper  notice  to  the  tenant,  and  are  provided  for  by  sec- 
tion 890,  P.  L.  L.,  Art.  4,  (see  Art.  L,  Tenants  for  years,)  which  declares 
that  "one  justice  of  the  peace  for  said  city  shall  have  all  the  powers  con- 
ferred upon  two  by  the  general  law  in  relation  to  landlords  and  tenants." 
The  general  law  is  found  in  the  Code,  P.  G.  L.,  Article  53,  title  Landlord  and 
Tenant,  and  provides  for  proceedings  by  a  landlord  for  recovery  of  land 
from  his  tenant,  which  are  very  different  from  actions  for  the  recovery  of 
small  debts.  The  action  of  ejectment  is  in  its  nature  a  local  action,  and  the 
summons  is  served  on  the  tenant  in  possession  of  the  land.  I  think  it  clear 
that  the  right  of  election  given  to  defendants  in  section  633,  (sec.  81  above,) 
does  not  apply  to  proceedings  before  a  justice  of  the  peace  for  the  restitution 
of  land,  and  that  any  justice  of  the  peace  for  the  city  has  jurisdiction  in  such 
cases  wliere  the  land  lies  in  any  part  of  the  city.  The  mandamus,  therefore, 
cannot  be  granted,  and  the  petition  is  discharged  with  costs. 

In  F.  B.  Loney  &  Co.  v.  Smith,  Dixon  &  Co.,  March  '74,  the  action  before 
the  justice  was  against  several  defendants,  one  of  whom  demanded  that  the 
case  should  be  removed  before  some  other  justice  of  the  peace,  under  the  law 
passed  March  30, 1868,  (sec.  81,  above.)  The  justice  refused  to  grant  tlie 
removal,  and  on  appeal  Brown,  C.  J.  held  that  in  the  foregoing  act  the  word 
defendant  was  to  be  taken  in  a  general  sense  as  including  defendant  and  de- 
fendants, and  that  the  parties  being  joined  in  the  action  one  could  not  de- 
mand removal,  and  that  if  there  were  four  defendants  who  asked  removal 
and  only  one  who  opposed  it,  they  must  all  join  or  they  could  not  demand 
removal  of  the  case.    Judgment  afllrmed. 


222 


Courts. 


Article  XIV.— Statutes. 


1876,0.  28.  83.     Each  of  the  justices  of  the  peace,  appointed  under  the 

Where  to  keep  provislons  of  this  act,  for  any  legislative  district,  shall  keep  his 
office  within  the  limits  of  the  legislative  district  for  which  he 
may  have  been  appointed,  except  as  hereinafter  provided. 


1876,  c.  28. 


Station  house 
justices. 


Duties. 


84.  It  shall  be  the  duty  of  the  Governor,  after  the  appoint- 
ment of  the  justices  of  the  peace  provided  for  by  this  act,  to 
select  from  the  justices  of  the  peace,  so  appointed,  a  justice  of 
the  peace  to  sit  at  each  station  house  in  the  city  of  Baltimore. 
It  shall  be  the  duty  of  the  justices,  so  selected,  to  sit  at  said 
respective  station  houses,  to  hear  all  charges  made  against  any 
person  for  any  criminal  offence  ;  they  shall  examine  carefully 


Harrison  v.  Wheeler,  February  1875.  The  petition  sets  fortli  that  on  Jan- 
uary 6,  1875,  respondent,  a  justice  of  the  peace  of  the  city  of  Baltimore,  at 
the  suit  of  P.  O.  Burns,  issued  an  attachment  on  a  claim  of  $34.63,  under 
the  act  of  1868,  c.  447,  against  the  goods  and  chattels  of  the  petitioner, 
Harrison.  The  attachment  was  not  laid  in  the  hands  of  a  garnishee,  but 
was  laid  as  per  schedule  on  the  goods  and  chattels  of  the  petitioner.  The  pe- 
titioner was  a  resident  of  the  fifteenth  ward,  and  the  justice  was  appointed  for 
a  different  ward,  and  the  petitioner  therefore  prayed  the  justice  to  transmit  the 
papers  and  proceedings  in  the  case  to  a  justice  appointed  for  the  fifteenth 
ward.  The  Justice,  believing  that  he  had  jurisdiction  of  the  case,  refused  to 
grant  the  request, and  this  petition  is  filed  for  a  mandamus  to  compel  him  to 
do  so.  The  attachment  was  issued  on  a  claim  of  debt  due  by  the  defendant 
to  the  plaintiff";  and  Article  10,  section  10,  of  P.  G.  L.,  requires  that  "  there 
shall  be  issued  with  every  attachment  a  writ  of  summons  against  the  de- 
fendant." It  is  clear  that  this  case  comes  within  the  above  provisions  of  the 
Local  Code,  which  authorizes  a  defendant,  when  a  summons  for  the  recovery 
of  a  debt  claimed  to  be  due  is  issued  against  him  by  a  justice  of  the  peace, 
appointed  for  a  ward  in  which  the  defendant  does  not  reside,  to  have  the 
case  removed  before  a  justice  of  the  ward  in  which  the  defendant  does  reside. 
The  fact  that  in  addition  to  the  summons  there  is  also  a  writ  of  attachmeht 
issued  against  the  goods  and  chattels  of  the  defendant  does  not  deprive  the 
defendant  of  the  writ  of  removal.  The  writ  of  mandamus  must  therefore 
be  issued  as  prayed. 

Scott,  C.  J.,  decided  in  Brown  v.  Brewer,  J.  P.,  May,  1869,  in  City  Court, 
that  the  above  section  81  is  applicable  to  the  case  of  an  attachment  on  judg- 
ment. In  the  case  of  AsMurn  v.  Maddox,  J.  P.,  before  Brown,  C.  J.,  in  City 
Court,  July  8,  1874,  the  mandamus  was  refused  on  the  ground  that  the 
attachment,  on  judgment  being  issued  against  Ashburn  and  another  de- 
fendant, the  case  could  not  be  removed  by  Ashburn  alone. 


Courts.  223 

Article  XIV.— Statutes. 


into  such  charges,  when  made,  to  the  end  that  while  justice 
shall  be  done,  no  person  may  be  oppressed,  or  subjected  to 
costs  or  imprisonment  without  just  cause ;  it  shall  further  be 
the  duty  of  said  respective  justices  of  the  peace,  selected  to  sit 
at  said  respective  station  houses,  to  hear  all  cases  in  which  any 
tine,  penalty  or  forfeiture,  not  exceeding  one  hundred  dollars, 
is  sought  to  be  recovered  from  any  person  or  corporation,  under 
or  by  virtue  of  any  law  of  this  State,  or  under  or  by  virtue  of 
any  ordinance  of  the  Mayor  and  City  Council  of  Baltimore  ; 
the  said  respective  justices,  so  selected,  shall  keep  their  respec- 
tive offices  at  said  respective  station  houses,  and  shall  there 
attend  from  six  o'clock  A.  M.  to  eight  o'clock  A.  M.  on  every  Hours  of  ser- 

°  ■     vice, 

day  in  the  w^eek,  and  from  ten  o'clock  A.  M.  until  twelve 
o'clock  M.  on  every  day  in  the  week  except  Sunday,  and  from 
two  o'clock  P.  M.  until  six  o'clock  P.  M.  on  every  day  in  the 
week  except  Sunday,  and  on  Sundays  from  six  o'clock  A.  M. 
until  seven  o'clock  A.  M.,  and  from  five  o'clock  P.  M.  to  six 
o'clock  P.  M.  to  perform  such  duties  as  their  respective  offices 
may  require;  each  of  said  justices  shall  attend  in  addition,  at 
his  station  house,  at  such  other  hours  and  times  as  he  may  be 
required  to  do  by  the  Board  of  Police  Commissioners  for  the 
City  of  Baltimore,  or  by  the  State's  Attorney  of  Baltimore 
City,  for  the  time  being;  the  said  justices  of  the  peace,  so 
selected,  shall  transact  no  other  business  at  the  said  respective 
station  houses,  except  the  business  provided  by  this  act  to  be 
by  them  respectively  done  at  such  station  houses. 

85.  The  justice  of  the  peace,  so  selected,  to  sit  at  any  sta-  isre,  c.28. 
tion  house,  may  be  changed  from  time  to  time  by  the  Governor,  change^of^^^ 
at  his  discretion,  and  any  other  justice  of  the  peace  may  be  justices, 
selected  by  the  Governor  to  perforin  the  said  duties  at  said 
station  house. 

86.  Each  justice  of  the  peace,  selected  to  sit  at  a  station  i876,c.28. 
house   in    the   city   of    Baltimore,   shall    receive   the    sum  of  saUry  o^^^^, 
one   hundred  and  seventy-five  dollars   per  month,  or  a  por- justices. 


224  Courts. 

Article  XIV.— Statutes. 


tionable  part  thereof,  so  long  as  he  shall  continue  to  act  at  a 
station  honse  in  said  city,  under  the  selection  of  the  Governor, 
as  provided  for  in  this  act ;  which  sum  of  money  shall  be  paid 
to  him  by  the  Register  of  the  City  of  Baltimore,  at  the  end  of 
each  month  of  his  said  service,  or  a  proportionable  part  there- 
of, at  the  end  of  any  portion  of  a  month,  at  which  the  service 
of  such  justice  of  the  peace,  at  said  station  house  may  termin- 
certificateof     ate,  upon  the  Certificate  of  the  Board  of  Police  Commissioners 

Police  Commis-      n    -rt    i    •  r^-  i  i  •         ^  ^  iii 

sioners.  01  Baltimore  City,  that  such  service  has  been  rendered  under 

the  appointment  of  the  Governor  as  aforesaid  ;  and  no  justice 
of  the  peace,  selected  for  a  station  house,  shall  be  permitted  to 

Fees  and  gratui-  chargc  any  fcc,  or  receive  any  gratuity  for  granting  any  release, 
or  for  the  performance  of  any  duty  required  by  law. 

1876.  c. 28.  87.     If  any  justice  of  the  peace,  who  has  been  selected  as 

When  station    aforcsaid  to  sit  at  any  station  house  in  the  city  of  Baltimore, 
appoLiVed         is  unable  by  reason  of  sickness,  or  other  unavoidable  cause,  to 

temporarily  by  ji-j.  i-i 

Police  Commis-  attend  to  his  duties  at  said  station  house,  at  any  time,  when  his 

sioners.  _  /  ^  ^ 

presence  is  there  required  as  provided  for  by  this  act,  it  shall  be 
the  duty  of  the  Board  of  Police  Commissioners  of  Baltimore  City 
to  require  another  justice  of  the  peace  to  perform  the  duties  at 
said  station  house  of  the  said  justice  of  the  peace  so  sick  or  absent. 
And  it  shall  be  the  duty  of  the  justice  of  the  peace,  so  required 
to  perforin  said  duties  at  said  station  house,  to  perform  the 
same  so  long  as  may  be  necessary,  or  until  the  Governor  shall 
select  another  justice  to  perform  said  duties.  The  justice  of 
the  peace  so  required  to  perform  said  duties  at  said  station 
house  by  the  said  Board  of  Police  Commissioners,  in  place  of 
Per  diem.  the  justicc  Selected  by  the  Governor,  shall  receive  eight  dollars 
per  day  for  every  day  he  shall  actually  serve  at  such  station 
house,  which  pay  shall  be  deducted  from  the  pay  provided  to 
be  paid  to  the  justice  selected  to  sit  at  such  station  house  and 
failing  to  attend,  unless  the  said  Board  of  Police  Commis- 
sioners shall  certify  to  the  Register  of  the  City  of  Baltimore 
that  such  absence  from  duty  was  occasioned  by  sickness,  or 


CouBTS.  225 

Article  XIV.— Statutes. 


Other  unavoidable  cause,  in  which  case  it  sliall  not  be  deducted 
from  the  pay  of  the  justice  of  the  peace  selected  to  sit  at  said 
station  house  and  so  failing  to  attend. 

88.  No  justice  of  the  peace  appointed  under  the  provisions  me,  c.  as. 

of  this  act  shall  be  paid  by  the  City  of  Baltimore  any  fee  for  when  not  to  be 

.  paid  fees  by 

issuing  any  State  writ,  or  for  any  search  warrant,  or  for  taking  city. 
the  recognizance  of  any  witness,  or  for  taking  any  recogniz- 
ance in  any  case  reported  to  court,  or  for  any  commitment  or 
release,  or  for  issuing  any  suhpmna  in  any  criminal  case,  or  in 
any  case  instituted  to  recover  any  fine,  penalty  or  forfeiture 
claimed  by  the  State  of  Maryland,  or  by  the  Mayor  and  City 
Council  of  Baltimore ;  and  no  police  officer  or  constable  shall 
be  paid  by  tlie  Mayor  and  City  Council  of  Baltimore  any  fee 
for  the  service  of  finy  snhjxvna  or  process  in  any  criminal  case, 
before  any  justice  of  the  peace,  or  for  service  of  any  suh])(ena 
or  process  in  any  case  pending  before  any  justice  of  the  peace, 
for  the  recovery  of  any  fine,  forfeiture  or  penalty  by  the  State 
of  Maryland,  or  by  the  Mayor  and  City  Council  of  Baltimore. 

89.  It  shall  be  the  duty  of  the  officers  of  police,  police-  isto,  c.  as. 
men  and  detectives  appointed  by  the  Board  of  Police  Com-  writs  how 
missioners  of  Baltimore  City,  to  serve  and  execute  any  and  all 

writs,  warrants,  subpcetias  and  commitments,  which  may  be 
issued  by  any  justice  of  the  peace,  selected  to  sit  at  the  station 
houses  in  the  city  of  Baltimore  as  hereinbefore  provided. 

90.  Whenever  any  justice  of  the  peace  appointed  under  the  ih76,  c  as. 
provisions  of  this  act  other  than  one  of  the  justices  selected  as  state  writs  and 

i  11     •  summons,  now 

aforesaid  to  sit  at  a  station  house  as  aforesaid,  shall  issue  a  made  retum- 
State  writ  for  the  arrest  of  any  person,  or  shall  issue  any  writ 
or  summons,  against  any  person  or  corporation,  to  recover  any 
fine,  penalty,  or  forfeiture,  under  any  law  of  this  State,  or 
under  any  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more, such  writ  or  summons,  shall  be  made  returnable  before 
one  of  the  justices  of  the  peace  selected  by  the  Governor  to 


226 


CoUItTS. 


Article  XIV.— Statutes. 


1876,  c.  98. 

Before  whom 
persons  arrested 
on  criminal 
charge,  &c., 
taken. 


sit  at  a  station  house  in  the  city  of  Baltimore,  and  shall  not  be 
made  returnable  before  the  justice  of  the  peace  issuing  the 
same,  unless  he  be  one  of  the  justices  of  the  peace  selected  to 
sit  at  a  station  house  as  aforesaid. 

91.  Whenever  any  person  shall  be  arrested  upon  any  crimi- 
nal charge,  or  for  the  violation  of  any  law  of  this  State,  or  of 
any  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
it  shall  be  the  duty  of  the  police  officer  or  constable,  making 
such  arrest,  or  in  whose  custody  the  said  person  so  arrested 
may  be,  to  take  the  person  so  arrested  before  the  justice  of 
the  peace  sitting  at  a  station  house,  who  may  have  issued  the 
writ  or  warrant  for  such  arrest,  or  before  whom  such  writ  or 
warrant  of  arrest  is  made  returnable,  but  if  such  arrest  is 
made  without  writ  or  warrant,  or  if  such  writ  or  warrant  is 
made  returnable  before  another  justice  than  a  justice  of  the 
peace  sitting  at  a  station  house,  it  shall  be  the  duty  of  the 
said  police  officer  or  constable  to  take  the  person  so  arrested 
to  the  nearest  station  house;  and  the  justice  of  the  peace  sitting 
at  said  station  house  shall  take  jurisdiction  in  said  case. 

92.  Every  justice  of  the  peace  appointed  nnder  the  pro- 
visions of  this  act,  shall  file  with  the  clerk  of  the  Court  of 
Common  Pleas,  on  the  first  day  of  April,  July,  October  and 
January,  in  each  and  every  year,  an  account,  verified  by  his 
oath  or  affirmation,  of  all  fines,  forfeitures  and  penalties  im. 
posed  by  him  under  the  laws  of  this  State,  during  the  three 
preceding  months,  which  said  account  shall  show  the  names  of 
the  respective  defendants,  the  Acts  of  Assembly  under  which 
said  fines,  forfeitures  or  penalties  were  respectively  imposed, 
and  the  amounts  paid  in  each  case  by  the  said  respective  de- 
fendants ;  and  the  said  justice  of  the  peace  at  the  time  of  filing 
said  account,  shall  pay  over  to  the  said  clerk  the  amount  of 
said  fines,  penalties  and  forfeitures  so  received,  or  the  portion 
thereof  to  which  the  State  of  Maryland  is  entitled,  to  be  ac- 
counted for  by  said  clerk  as  other  moneys  of  the  State  are 
accounted  for  by  him. 


1876,  c.  28. 

Statements  of 
accounts  of 
State  fines. 


Courts.  227 

Article  XIV.— Statutes. 


93.  Everj  justice  of  the  peace  appointed  under  the  pro- 1876,  c.  as. 
visions  of  this  act  shall  file  with  the  Register  of  the  City  of  statements  of 

-ft    t   •  !/•  1  />«-iTi/'vi  IT  accounts  of  city 

iJaltimore,  on  the  nrst  day  oi  April,  July,  October  and  January  fines. 
in  each  and  every  year,  an  account  verified  by  his  oath  or  afiir! 
niation,  of  all  fines,  forfeitures  and  penalties  imposed  by  him 
under  the  ordinances  of  the  Mayor  and  City  Council  of  Balti- 
more during  the  three  preceding  months,  which  said  account 
shall  show  the  names  of  the  respective  defendants,  the  ordi- 
nance under  which  said  fines,  penalties  or  forfeitures  were  res- 
pectively imposed  and  the  amounts  paid  in  each  case  by  said 
respective  defendants;  and  the  said  justice  of  the  peace,  at  the 
time  of  filing  said  account,  shall  pay  over  to  the  said  Eegister 
the  amount  of  said  fines,  penalties  and  forfeitures  so  received, 
or  the  portion  thereof  to  which  the  Mayor  and  City  Council 
of  Baltimore  is  entitled,  to  be  accounted  for  by  said  Register 
as  other  moneys  of  the  said  city  are  accounted  for  by  him. 

94.  If  any  justice  of  the  peace  shall  not  have  imposed  or  i876,  c.28. 
received  any  such  fines,  forfeitures  or  penalties,  or  any  portion  Affidavit  of 

•'  '  justice  as  to 

thereof,  as  are  mentioned  and  described  in  the  said  two  pre-  accounts. 
ceding  sections,  in  the  said  three  months  preceding  the  time 
hereinbefore  prescribed  for  filing  said  accounts,  he  shall  file  an 
affidavit  or  affirmation  to  that  effect  at  the  time  prescribed  for 
filing  said  accounts. 

95.  All  costs  paid  to  any  justice  of  the  peace,  sitting  at  any  im,  c  as. 
station  house,  shall  be  accounted  for  and  paid  by  said  justice  How  costs  ac- 

'  1       counted  for. 

to  the  Board  of  Police  Commissioners  of  Baltimore  City,  to  be 
by  thera  applied  as  directed  by  section  eight  hundred  and  fif- 
teen of  Article  four  of  the  Public  Local  Laws  of  the  State  of 
Maryland.* 

96.  The  Mayor  and  City  Council  of  Baltimore  are  hereby  im,  c.ae. 
authorized  to  appoint  two  constables  for  each  of  the  several  A,PP<>intmeat 
wards  of  Baltimore  city.     The  said  constables  shall  hold  their 


*See  sec.  11  of  Art.  XXXVIII,  Police. 


228 


Courts. 


Article  XIV. — Statutes. 


respective  offices  for  two  years  from  the  date  of  their  respective 
appointments,  and  until  their  respective  successors  are  duly 
appointed  and  qualified.  The  said  Mayor  and  City  Council 
of  Baltimore  are  hereby  authorized  to  make  the  appointments 
directed  by  this  section  on  the  fourth  Monday  in  March,  eigh- 
teen hundred  and  seventy  six,  and  on  the  fourth  Monday  in 
March  in  every  second  year  thereafter ;  provided  that  the 
Mayor  of  said  city,  shall  have  full  power  in  his  discretion  to 
remove  any  of  the  said  constables  for  any  malconduct  in  office, 
whether  the  said  constable  may  be  convicted  in  a  court  of  law, 
as  hereinafter  prescribed,  or  not. 


1876,  c.  28. 

When  justice 
or  constable  to 
be  removed. 


No  deputy  in 
serving  writ. 


97.  If  any  justice  of  the  peace,  or  constable,  appointed 
under  the  provisions  of  this  act,  be  convicted  in  a  court  of  law 
of  any  misdemeanor  in  office,  his  removal  from  said  office  shall 
be  part  of  the  sentence  or  judgment  pronounced  upon  him  by 
the  said  court.  No  constable  shall  deputize  a,uy  person  to  act 
in  the  service  of  any  writ  whatever,  for  or  in  his  behalf. 


p.  G.  L., art.  18,      98.     It  shall  be  lawful  for  the  iustices  of  the  peace  of  the 

sec.  26.  ,  ,  *■ 

Supersedeas,  city  of  Baltimore  to  take  supersedeas  of  any  judgment  re- 
covered in  the  Court  of  Common  Pleas,  the  Superior  Court 
of  Baltimore  City,  or  Baltimore  City  Court,  but  such  superse- 
deas shall  be  taken  by  the  clerks  of  said  courts  respectively. 

1870,  c.  39.  99.     If  a  justice  of  the  peace  in  Baltimore  city  dies,  resigns 

1864,  c.  179.  .  •'  .  ^  J  T  is 

If  a  justice  in    Or  is  rcmovod,  his  docket  and  papers  shall  be  delivered  to  the 

Baltimore  dies,  r.      i        /t  r^ 

papers  to  be  de-  clcrk  01  the  Citv  Court  withiu  thirty  days  thereafter. 

livered  to  clerk  "^  J  J 

of  City  Court. 


FEES  OF  JUSTICES  OF  THE  PEACE. 

1870,  c.  164.  100.     The  justices  of  the  peace  of  this  State,  shall  be  entitled 

to  receive  the  fees  allowed  in  the  following  table,  and  such  fees 
shall  be  taxed  and  paid  by  the  party  against  whom  judgment 
shall  be  rendered,  to  wit : 


Courts.  229 


Article  XIV.— Statutes. 


For  issuing  each  summons  in  debt  or  damages,  or  writ  of 

replevin $  25 

For  each  summons  for  witnesses,  including  all  the  wit- 
nesses applied  for  at  the  same  time 25 

For  venire  to  summon  freeholders 35 

For  fieri  facias 35 

For  venditioni  exponas 35 

For  scire  facias 45 

For  every  supersedeas 20 

For  every  oath  or  affidavit 10 

For  probate  or  account 10 

For  every  judgment  rendered  where  there  is  no  trial 25 

For  every  judgment  rendered  on  trial 60 

For  every  warrant  of  attachment  against  a  resident  debtor  45 
For  every  attachment  against  a  non-resident  or  abscond- 
ing debtor 1  00 

For  attachment  of  contempt 25 

For  venire  to  summon  a  jury  in  a  case  of  forcible  entry 

and  detainer,  and  summons  to  tenant 1  00 

For  taking  inquisition  and  return  thereof 4  00 

For  warrant  of  restitution 1  00 

For  taking  every  acknowledgment  of  every  deed  or  other 
instrument  of  writing  from   each  person   making  an 

acknowledgment 30 

For  a  certificate  of  estrays 40 

For  issuing  writ  of  attachment  by  way  of  execution 45 

For  taking  replevin  or  other  bonds 25 

For  entering  every  continuance 10 

For  every  transcript  from  the  docket. 15 

For  every  search 1^ 

For  binding  apprentices,  each  justice 25 

They  shall  be  entitled  to  be  paid  in  criminal  cases,  by 
the  County  or  City  of  Baltimore,  as  the  case  may  be,  the 
following  fees : 


230  Courts. 

Article  XIV. — Statutes. 


For  issuing  each  State  writ 25 

For  search  warrant 25 

For  taking  recognizances  of  witnesses,  each 25 

For  taking  recognizances  in  each  case  reported  to  court..       25 

For  every  commitment 25 

For  every  releasement 25 

For  holding  an  inquest  upon  a  deceased  person 5  00 

For  issuing  an  attachment  for  a  witness  refusing  to  at- 
tend on  summons  of  a  commissioner 50 

For  taking  depositions  in  cases  of  contested  elections,  per 
day... 3  00 

FEES  OF  CONSTABLES. 
1865,0.67;  1872,      101.     The  coustablcs  in  this  State  are  entitled  to  demand 

C.  424.  1  •  1 

and  receive  the  following  fees,  to  wit :  For  serving  State  war- 
rant and  return,  seventy-five  cents ;  for  serving  search  warrant, 
seventy-five  cents ;  for  serving  summons  in  civil  suit  and  return, 
forty-five  cents;  for  serving  summons  for  witness  and  return, 
each  witness,  twenty  cents ;  for  serving  scire  facias  and  return, 
forty  cents ;  for  levying  fieri  facias  and  return,  twenty  cents ; 
for  delivering  a  person  committed  over  to  the  jailor,  seventy- 
five  cents,  and  five  cents  per  mile  for  every  mile  he  may  have 
to  travel,  and  the  actual  necessary  traveling  expenses  of  each 
prisoner;  for  summoning  jury  on  inquest,  each  juror,  fifteen 
cents ;  for  levying  attachments  for  contempt,  seventy-five  cents ; 
for  serving  writ  of  replevin  and  return,  forty-five  cents;  for 
serving  warrant  for  distraint,  twenty-five  cents ;  for  summon- 
ing and  swearing  appraisers  on  distress  for  rent,  and  in  reple- 
vin, each  appraiser,  twenty-five  cents;  for  serving  an  attach- 
ment in  the  hands  of  each  garnishee,  fifty  cents ;  for  killing 
dog  found  killing  sheep,  to  be  paid  by  the  owner  of  the  dog, 
four  dollars;  for  poundage  fees  on  any  distraint,  replevin,  at- 
tachment or  fieri  facias,  eight  per  cent,  on  the  first  twenty-five 
dollars,  and   three  per  cent,  on  the  residue ;   but  if  the  de- 


Courts.  231 

Article  XIV. — Statutes. 


fondant  shall  supersede  the  judginent  on  which  the  execution 
or  attachment  shall  have  issued,  within  four  days  after  the 
same  shall  have  been  levied  or  served,  the  constable  shall  only 
be  entitled  to  receive  one-half  of  said  poundage  fees ;  for  ar- 
resting any  person  charged  with  a  misdemeanor  for  entering 
any  enclosure  and  destroying  property  therein,  in  the  limits  of 
the  city  of  Baltimore,  or  within  four  miles  thereof,  one 
dollar. 

102.     The  county  commissioners  in  the  several  counties,  and  ises,  c.  67;  ma, 

^  ^  '  c.  424. 

the  Mayor  and   City  Council  of  Baltimore,  shall  levy  on  the  Levy  for  con- 

•'  •'  .  ,  *^    .         .         stable's  fees. 

assessable  property  of  their  respective  counties  or  the  said  city, 
the  amount  of  fees  that  the  constables  of  the  several  counties 
or  the  said  city  are  entitled  to  receive  for  executing  criminal 
business  ;  provided,  that  nothing  contained  in  this  section  shall  Proviso. 
exempt  any  criminal  from  paying  the  cost  of  his  arrest,  if  he 
shall  be  of  suflScient  ability  to  do  so. 


COSTS. 

103.  In  all  actions  at  law  for  wrongs,  independent  of  con- 1874,  c.  m. 
tracts,  in   any   of   the  courts  of   Baltimore  city,  where  the  costs  m  actions 

,,,,,,       for  wrongs  in- 

verdict  or  inquisition  of  damacres  alter  deiault  made,  snail  be  dependent  of 

T-  "  contracts. 

for  a  sum  less  than  fifty  dollars,  the  costs  shall  be  adjudged  to 
the  defendant,  unless  the  court  shall  otherwise  determine;  but 
the  court,  beforfe  allowing  costs  to  the  plaintifi"  in  any  such 
case,  shall  be  satisfied  that  he  had  good  reason  for  not  bringing 
suit  before  a  iustice  of  the  peace;  and  in  all  cases  of  appeal  costs  in  appeals 

•'  1  •       T)    li'    from  justices  of 

whatsoever  from  judgments  of  justices  of  the  peace  in  lialti- the  peace. 
more  city,  costs  shall  be  allowed  to  plaintiff  or  defendant  in 
the  discretion  of  the  court. 

104.  Before  the  Baltimore  City  Court  shall  proceed  to  hear  ige?,  c.  i64. 

or  try  cases  brought  to  that  court  by  appeal  from  the  judg-  costs  t°,J'^«^P*»d 
ments  of  justices  of  the  peace,  the  judge  shall  first  be  satisfied  ^^'^^^  ^'"- 


232  Courts. 

Article  XIV.— Statutes. 


that  all  costs  incurred  on  the  judgment  and  proceedings  before 
the  justice  aforesaid,  shall  have  been  paid  by  the  appellant.* 

*  Opinions  of  Bkown,  C.  J.,  March,  1875. — Rever  v.  Grab,  in  City  Court. 
This  is  a  motion  to  reinstate  an  appeal  which  was  dismissed  when  the  case 
was  reached  for  trial,  because  it  appeared  from  the  certificate  of  the  justice 
that  the  costs  below  had  not  been  paid  to  the  appellant. 

The  appellant  should  have  been  prepared  to  prove  that  the  costs  were 
paid,  if  such  was  the  fact,  or  to  pay  such  as  remains  due,  and  the  motion 
subsequently  made  would  therefore,  under  ordinary  circumstances,  be  too 
late.  I  shall,  however,  in  view  of  all  the  facts,  consider  the  question  as  if 
the  motion  had  been  made  in  proper  time. 

The  proceedings  commenced  with  a  distraint  warrant  for  rent  claimed  to 
be  due  by  Rever  to  Grab,  amounting  to  $16.85,  and,  as  it  was  alleged  that 
property  had  been  fraudulently  and  clandestinely  removed  from  the  pre- 
mises, a  warrant  was  issued  by  Justice  Slemmer  to  follow  and' seize  the 
property  removed.  Under  this  warrant  a  bay  horse  was  seized,  which  was 
appraised  at  $35.  Rever  then  caused  a  writ  of  replevin  to  be  isued  by 
Justice  Ritgert  for  the  horse,  and  Grab  appeared  tliereto  and  made  avowry; 
that  is,  he  claimed  the  property  as  landlord  by  virtue  of  the  distress  and 
became  substantially  plaintiff  in  the  case.  The  replevin  case  was  after- 
wards, on  the  application  of  Grab,  removed  from  Justice  Ritgert  to  Justice 
Slemmer.  The  costs  in  the  replevin  case  wliich  had  accrued  before  Justice 
Ritgert  up  to  the  time  of  removal  were  paid  by  Rever. 

The  case  was  subsequently  tried  before  Justice  Slemmer,  who  decided  in 
favor  of  Grab.    Rever  then  appealed  to  this  court. 

The  act  of  1867,  c.  164,  requires  that  the  judge  of  this  court,  before  pro- 
ceeding to  hear  or  try  the  appeal,  "  be  satisfied  that  all  costs  incurred  on 
the  judgments  and  proceedings  before  the  justice  aforesaid  shall  have  been 
paid  by  the  appellant."  The  appellant  insists  that,  on  taking  the  appeal,  he 
paid  all  the  costs  due,  amounting  to  $3.46,  and  has  offered  testimony  to  that 
effect.  The  appellee  insists  that  the  appellant  paid  only  $3.40,  of  which  $1 
was  applied  by  the  justice  to  payment  for  the  appeal  bond,  and  $1.40  were 
credited  to  the  rest  of  the  costs  due.  As  the  docket  of  Justice  Slemmer 
shows  that  only  $3.40  were  paid,  and  as  he  testifies  that  this  was  the  true 
amount,  I  feel  bound  to  accept  his  statement.  The  costs  due,  according  to 
the  statement  of  Justice  Slemmer  on  the  back  of  the  papers,  was  $7.06,  and 
after  crediting  said  amount  af  $1.40,  left  a  balance  claimed  to  be  due  of 
$5.66. 

It  appears  that  the  costs  of  the  distress,  amounting  to  $4.85,  are  included 
in  the  above  costs,  as  charged  by  Justice  Slemmer;  and  the  appellant  con- 
tends that  they  are  improperly  charged,  because  they  are  not  properly  a 
part  of  the  costs  in  the  replevin  case,  and  therefore  there  was  no  need  to  pay 
them  before  the  appeal  could  be  heard. 


Courts.  233 

Article  XIV.— Ordinances. 


ORDINANCES. 

JUDGES  OF  SUPREME  BENCH. 

1.  There  shall  hereafter  be  annually  paid  by  the  Register  no. 5, Dec. 2, '69. 
of  the  City,  out  of  the  city  treasury,  to  each  of  the  judges  of  Register  to  pay 
the  Supreme  Bench  of  Baltimore  City,  the  sura  of  five  hun-  ^"  ^**' 

The  objection  is,  I  think,  well  founded.  I  can  find  no  practice  which 
justifies  taxing  tiie  costs  of  the  distress  as  part  of  the  costs  of  the  replevin 
case.  When  Grab,  tlie  landlord,  seized  the  horse  he  was  entitled  to  hold  him 
for  the  payment  of  the  rent  and  also  for  the  costs  of  the  distress.'  Rever 
replevied  the  horse  on  giving  a  bond  that  he  would  prosecute  the  said  writ 
of  replevin  with  effect,  and  also  would  return  the  property  if  the  same  should 
be  adjudged.  But  he  did  not  prosecute  the  replevein  with  effect.  On  the 
contrary,  the  justice  gave  judgment  for  a  restitution  of  the  horse  to  the 
defendant  Grab,  and  adjudged  that  the  plaintiff  Rever  should  pay  $5 
damages  and  7.0(5  costs,  which  included  the  costs  of  the  distress.  The  de- 
fendant was  certainly  entitled  to  the  costs  which  he  had  incurred  in  levying 
the  distress,  but  as  they  were  not  costs  incurred  in  the  replevein  case,  they 
should  not  have  been  charged  as  such,  and  the  only  way  in  which  the  justice 
could  award  them  to  him  was  by  including  tliem  as  part  of  the  damages  in 
the  replevein  case.  That  costs  can  be  included  in  the  damages  allowed  in  a 
judgment  for  the  defendant  in  replevin  is  shown  by  the  form  in  2  Evans  ; 
Harris,  p.  359,  and  I  am  informed  that  the  practice  in  Baltimore  County 
Court  was  to  include  the  costs  of  the  distress  in  express  terms,  in  the  dama- 
ges allowed  to  the  defendant  on  his  obtaining  judgment  in  the  replevin. 

The  appellant  also  objects  that  the  justice  included  in  the  costs  the  sum 
of  sixty-six  cents  allowed  for  witness  fees,  and  contends  that  these  are  not 
costs  which  he  is  bound  to  pay  before  he  can  prosecute  his  appeal. 

The  act  is  very  comprehensive  in  its  terms.  It  requires  this  court  to  be 
satisfied  that  all  costs  incurred  on  the  judgment  and  proceedings  before 
the  justice  shall  have  been  paid.  The  language  is  broad  enough  to  include 
the  costs  payable  to  witnesses  as  well  as  those  due  to  the  justice,  and  those 
due  to  the  constable  who  served  the  process,  and  I  am  satisfied  that  it  em- 
braces all  alike. 

The  appellant  further  objects  that  Article  38,  section  17,  of  P.  G.  L.,  allows 
to  a  justice  25  cents  for  taking  replevin  or  other  bonds,  and  that  the  justice 
had  no  right  to  charge  $1  for  the  appeal  bond.  The  appellee,  however, 
contends  that  it  is  not  the  duty  of  the  justice  to  prepare  the  appeal  bond  for 
the  appellant,  and  that  for  this  extra  service  he  had  a  right  to  charge  an 
additional  fee.  Such  has  undoubtedly  been  the  custom  for  a  long  time,  but 
it  is  certain  that  he  would  not  have  the  right  to  charge  more  than  25  cents  . 
for  the  boHd  as  part  of  the  legal  costs.    Whether  or  not  he  would  have  the 


234  Courts. 

Article  XIV.— Ordinances. 

$500 additional,  dred  dollars,  as  an   addition  to  the  salaries  paid  to  the  said 
judges  by  the  State  of  Maryland,  the  said  sura  of  five  hundred 


right  to  charge  75  cents  in  addition  for  services  rendered  in  drawing  the 
bond,  without  any  agreement  to  that  effect,  it  is  not  necessary  for  me  to 
decide.  Even  if  any  charge  for  the  bond  over  25  cents  is  entirely  excluded, 
there  would  still  be  a  balance  of  costs  due  amounting  to  6  cents,  as  shown 
by  the  following  statement :  costs  before  Justice  Slemmer,  including  25  cents 
for  appeal  bond,  and  excluding  the  cost  of  the  distress,  $2.46;  paid  by  ap- 
pellant on  taking  his  appeal,  $2.40  j  balance  costs  due,  6  cents. 

The  costs  of  the  whole  proceedings  up  to  this  time  are  as  follows :  Cost  of 
the  distress,  $4.85 ;  costs  before  Justice  Ritgert,  $5.75 ;  costs  before  Justice 
Slemmer,  $2.46,  making  $13.06.  Costs  in  this  court— attorney's  fee  of  ap- 
pellant, $5;  clerk's  costs  of  appellant  $3.10;  Sheriff's  costs  of  appellant,  45 
cents,  making  $8.55.  Attorney's  fee  for  appellee,  $5 ;  clerk's  costs  for  ap- 
pellee, $2.20 ;  Sheriff's  costs  for  appellee,  20  cents ;  witnesses,  $6.50 ;  entire 
amount,  $37.51.  Here,  then,  on  a  claim  for  rent  of  $16.85,  costs  have  already 
been  incurred  amounting  to  $37.51,  more  than  double  the  amount  of  the 
claim,  and  if  I  should  reinstate  the  case  and  proceed  to  try  it  on  the  merits, 
the  costs  would  soon  be  considerably  increased.  This  case  furnishes  a  strik- 
ing and  painful  illustration  of  the  rashness  with  which  parties  who  can  ill 
afford  the  expense  too  often  engage  in  angry  litigation,  first  before  a  justice, 
and  then  on  appeal  to  this  court,  in  controversies  where  the  whole 
amount  involved  is  soon  largely  exceeded  by  the  taxed  costs  alone.  The 
motion  to  reinstate  the  case  must,  however,  be  sustained  on  payment  by  ap- 
pellant of  the  six- cents  due,  because  while  the  costs  actually  due  amounted 
to  only  six  cents,  which  doubtless  the  appellant  would  have  been  ready  and 
willing  to  pay,  through  a  mistake  of  the  justice  costs  amounting  to  $5.66 
were  charged  and  demanded,  and  by  reason  of  the  non-payment  thereof  the 
appeal  was  dismissed. 

Dec,  1874,  in  City  Court. — These  are  appeals  from  four  judgments  rendered 
on  the  same  day  by  Justice  Staylor,  in  favor  of  the  appellees  and  against  the 
appellant,  on  four  promissory  notes,  each  judgment  being  for  the  amount  of 
one  of  the  notes  and  for  less  than  one  hundred  dollars,  but  the  notes  added 
together  amounted  to  $185.62.  On  receiving  the  notes  the  appellees  gave  to' 
the  appellant  a  receipt,  stating  that  they  were  "  in  settlement  of  account  to 
date."  The  notes  were  drawn  by  the  appellant  (George  W.  Berry)  to  the 
order  of  the  appellees  (Seldner  &  Son),  and  payable  respectively  at  thirty 
days,  sixty  daj's,  ninety  da}'s,  and  five  months  after  date.  Some  three  months 
after  the  last  of  the  notes  had  matured,  the  appellees  caused  the  four  several 
suits  to  be  Ijrought  on  them,  before  the  said  justice.  The  appellant  there- 
upon, before  trial,  filed  with  the  justice  a  paper  suggesting  "  that  as  all  four 
notes  and  suits  thereon  embraced  one  matured  indebtedness,  there  is  no 
jurisdiction  on  the  part  of  the  justice,  the  amount  being  in  the  aggregate 


CouKTS.  235 

Article  XIV.— Ordinances. 


dollars  be  paid  in  eqnal   quarterly  instalments   on    the  first 
days  of  January,  April,  July  and  October  of  each  year,  be- 


over  one  hundred  dollars,"  but  the  justice  disregarded  the  suggestion,  and 
gave  judgment  for  the  appellees  in  eacli  case,  and  the  sole  question  presented 
on  the  appeals  was  whether  the  justice  had  jurisdiction.  Brown,  C.  J.,  held 
that :  Article  51,  section  13  of  P.  G.  L.,  provided  that  "  the  civil  jurisdiction 
of  justices  of  the  peace  extends  to  all  cases  for  the  enforcement  of  contracts, 
and  to  obtain  redress  for  wrongs  where  the  debt  or  damages  claimed  shall 
not  exceed  one  hundred  dollars.  Eacii  note  being  below  the  amount  of  one 
hundred  dollars,  the  question  is  whether  it  constitutes  a  debt  within  the 
meaning  of  the  Code  on  which  suit  may  be  separately  brought  before  a  justice, 
or  whether  the  four  notes  should  be  consolidated  into  one  debt  and  the 
jurisdictifjn  of  the  justice  ousted.  The  Code  provides,  Article  49,  section  9, 
that  where  two  or  more  actions  arising  ex  cmtmcta  between  the  same  plain- 
tiff and  the  same  defendant  shall  be  brought  at  the  same  time,  the  court 
shall,  on  motion  of  the  defendant,  order  the  actions  to  be  consolidated,  but  this 
provision  obviously  can  only  apply  to  courts  holding  regular  terms,  and 
can  have  no  application  to  justices  of  the  peace.  The  account  in  this  case 
originally  exceeded  one  hundred  dollars,  and  the  appellees  could  not  by 
their  own  act  have  divided  it  into  several  parts  of  less  than  one  hundred  dol- 
lars each,  and  have  then  brought  a  separate  suit  on  each  part.  To  do  so 
would  have  been  to  commit  a  fraud  upon  the  law.  But  when  the  appellant 
gave  his  four  notes  in  settlement  of  the  claim  he  voluntarily  divided  it  into 
four  parts,  making  each  a  separate  debt,  and  the  appellees  could  have  sued  on 
each  note  as  it  became  due,  or  could  have  endorsed  the  notes  to  different 
parties,  who  each  could  have  had  a  right  of  action  against  the  appellant. 
This  right  of  the  appellees  to  consider  each  note  a  separate  debt,  they  did 
not  lose  by  permitting  all  the  notes  to  fall  due  before  they  brought  suit,  but 
each  note  still  constituted  a  separate  debt,  because  the  appellant  himself 
had  made  it  so.  I  am  satisfied,  therefore,  that  a  true  construction  of  the 
Code  gave  to  the  appellees  the  right  to  bring  at  the  same  time  separate  suits 
on  the  four  different  notes  in  the  justice's  court,  and  to  obtain  separate 
judgments  thereon,  and  I  cannot  see  that  any  inconvenience  or  injustice  can 
follow  from  such  a  practice.  Debts  can  be  recovered  much  more  expedi- 
tiously and  at  much  less  cost  in  a  justice's  court  than  in  a  court  of  higher 
jurisdiction,  and  there  is  no  policy  of  the  law  which  would  justify  this  court 
in  attempting  to  limit  the  meaning  of  the  plain  language  of  the  law  which 
confers  jurisdiction  on  justices  where  the  debt  claimed  does  not  exceed  one 
hundred  dollars.  This  question  has  never  been  decided  by  the  Court  of 
Appeals  of  this  State,  but  similar  questions  have  arisen  in  other  States,  and 
the  decisions  fully  sustain  the  views  I  have  expressed,  as  will  be  seen  by  a 
reference  to  the  following  authorities :  Bridle  v.  Qrau,  43  Mo.  359 ;  Ilermi  v. 
Buckdeic,  37  Ala.  585 ;  State  v.  King,  5  Ind.  439 ;  Collim  v.  Woodruff,  4  Eng. 
463 ;  Fortescue  v.  Spencer,  2  Iredell,  63. 


236  Courts. 

Article  XIV. — Ordinances. 


ginning  on  the  first  day  of  January,  eighteen  hundred  and 
seventy.* 

SUPERINTENDENT  AND  WATCHMAN  OF  THE  COURT  HOUSE 
AND  RECORD  OFFICE. 

No.3i,s.i,K.o.      2.     There  shall  be  annually  appointed,  as  other  city  officers 
Superintendent  are  appointed,  a  superintendent  and  one  able-bodied  watch- 

and  watchman 

appointed.         nuui,  to  take  charge  of  the  court  house  and  record  office,  and 
surrounding  grounds. 

Ibid,  s.  2.  3.     The  said  superintendent  shall  be  a  man  of  temperate 

Duty  of  super-   habits,  strict  integrity,  and  general  good  character,  and  also 

inteudent.  ^  o  o 

capable  of  keeping  accounts,  and  he  shall  have  entire  charge 
of  said  property,  securing  the  same  from  depredation,  causing 
it  to  be  kept  in  good  repair  and  cleanly  condition,  and  furnish- 
ing the  necessary  fuel  and  attending  to  the  heating  and  light- 
ing of  the  several  departments  included  within  said  buildings 
and  grounds,  except  the  room  occupied  by  the  Orphans'  Court 
Re(;isterof       for  Baltimore  City,  which   room  shall  bounder  the  exclusive 

Wills  to  have  .    .  '' 

control  of  Or-    supervision  and  control  of  the  Register  of  Wills  for  Baltimore 

phans'  Court  '  " 

room.  City,  as  hereinafter  provided.     And   the  said  superintendent 

Superintendent  sliall  annually,  during  the  first  week  of  January,  make  to  the 

ti)  report  annu-    ^-,.        y->       •  '  •  •       i         •         • 

ally.  City  iiegister  an  estimate  in  detail  of  the  expenses  to  be  incurred 

for  the  current  year  for  the  said  keeping,  including  therein  the 
cost  of  fuel,  of  repairs,  of  necessary  fixtures,  of  furniture,  of 
laborers,  and  of  all  othes  }>roper  incidental  requisitions,  taking 


*This  ordinance  recites,  that,  by  the  thirty-first  section  of  the  fourtli' 
article  of  the  Constitution  of  the  State  of  Maryland,  authority  is  given  to  the 
Mayor  and  City  Council  of  Baltimore  to  pay  to  each  of  the  judges  of  the 
Supreme  Bench  of  Baltimore  City  an  annual  addition  of  five  hundred  dol- 
lars to  their  respective  salaries ;  and  that,  in  the  opinion  of  the  Mayor  and 
City  Council  of  Baltimore,  the  salaries  of  said  judges,  as  now  paid  to  them 
by  the  State  of  Maryland,  are  totally  inadequate  to  compensate  them  for 
the  discharge  of  their  onerous  and  responsible  duties,  and  that  it  is  impossi- 
ble that  any  increase  of  their  salaries  can  be  made  without  an  amendment 
of  the  Constitution  of  the  State,  except  by  the  passage  of  this  ordinance. 


Courts.  237 

Article  XIV. — Ordinances. 


into  consideration  only  those  expenses  rightly  chargeable  to 
the  city  treasury  as  distinct  from  those  to  be  provided  for  by 
the  departments  themselves ;  and  in  no  case  shall  said  super- 
intendent incur  other  expenses  than  those  so  estimated  for  and  Expenses  not  to 

•,11  ii  nr  i/-^'/^  •!  11  1  exceeti  appro- 

appropriated   by   the   Mayor   and  City  Council,  and  the  said  pnation. 

Register  in  no  ease  shall  exceed  such  appropriations,  always 
excepting  that  upon  an  emergency  occurring  not  to  be  foreseen 
in  said  annual  estimate,  the  Mayor  during  the  intermission  of 
the  session  of  the  Council,  may  order  the  necessary  expendi- 
ture, and  the  Register  is  hereby  authorized  to  pay  the  same  out 
of  any  money  not  otherwise  appropriated  ;  provided,  the  same  Proviso, 
shall  not  exceed  the  sum  of  two  hundred  dollars,  and  the 
vouchers  for  all  such  expenditures  be  filed  with  the  Register. 

4.  The  watchman  appointed  under  this  ordinance  shall  be  no.3i,s.3,r.o. 
a  man  of  like  good  character  for  integrity  and  sobriety,  and  Duty  of  watch- 
shall  be  required  to  take  charge  of  said  buildings,  grounds  and 
apartments  during  the  night,  under  such  arrangements  and  in- 
structions as  to  the  time  of  commencing  and  continuing  the 

watch  hours,  as  well  as  the  performance  of  all  other  duties 
connected  therewith,  as  shall  be  made  by  the  Mayor  ;  it  being 
hereby  also  provided,  that  at  no  time  shall  the  said  buildings,  Proviso. 
grounds  and  apartments  be  from  under  the  charge  and  personal 
attendance  of  either  said  superintendent  or  watchman,  and 
likewise  that  said  watchman  shall  be  subject  to  the  supervision 
of  the  captain  of  the  police  for  the  district,  who  shall  report 
any  delinquency  of  duty  to  the  Mayor. 

5.  The  said  superintendent  and  watchman  shall  each  enter  ibid.  s.4. 
into  bonds,  with  sufficient   security  to  be  approved   by  ^l^e  supe^mte^n^ent 
Mayor,  for  the  faithful  performance  of  their  duty;  and  for  to  give  bond, 
neglect  of  the  same,  the  said  superintendent  or  watchman  may 

be  removed  by  the  Mayor. 

6.  The  salary  of  said  superintendent  shall  be  twelve  hun-  iwd,^;5;^„^  ^ 
dred  dollars  per  annum,  payable  monthly,  and  the  salary  of  the  '^l',^i°:^ti^''l 

1     1    11  ,.oT,     Feb. '27  '74;  No. 

said  watchman  shall  be  one  thousand  dollars  per  annum,  pay-  gi_  ^pi.  23,  '75. 


238  Courts. 

Article  XIV. — Ordinances. 


Salary  of  super-  able  monthly:  provided  always,  that  in  case  of  absence  from 

intendentanU  ./   '    r  ./    ' 

watchman.       dutv,  from  any  cause,  of  the  superintendent  or  watchman,  a 

Proviso. 

substitute  shall  be  appointed  for  the  time — if  the  watchman 
be  absent  a  substitute  shall  be  appointed  by  the  snperinten- 
substitute.  dent ;  if  the  superintendent  be  absent  a  substitute  shall  be  ap- 
pointed by  the  Mayor  or  Register  ;  the  pay  of  such  substitutes 
to  be  the  same  as  the  officers  they  represent ;  said  pay  to  be 
deducted  from  the  pay  of  the  watchman  or  superintendent,  as 
the  case  may  be. 

No.  31, s. 6. R.  o.      7.     It  is  hereby  distinctly  declared  and  provided,  that  no 

No  expense  to  debt  or  contract  for  debt  for  expenses  incurred  for  the  keep- 
be  incurred  un-  .  .   .  ^         .   ,  . 

less  provided  mg,  repairing,  furnishing  or  in  any  manner  providing  for  the 
dinauce.  g^id  buildiugs,  apartments,  grounds  or  appurtenances  tiiereto 

belonging  otherwise  than  is  enacted  and  provided  for  by  this 
ordinance,  shall  be  acknowledged  as  binding  on  the  Mayor 
and  City  Council  or  be  paid  by  the  Register,  except  by  special 
enactment. 

JANITOR  OF  ORPHANS'  COURT. 
No.  31,  s.  2,  R.      8.    The  Register  of  Wills  for  Baltimore  City  is  hereby  author- 

O.;  No.  45,  July  ,  ^  J.J 

V6(M^Kes.No.  ized  and  empowered  to  employ  a  suitable  person  to  attend  to 
No.  58,  May  a,  ^\^q  heating  and  lighting  of  the  rooms  occupied  by  the  Orphans' 
ph" ns-^  cou°t'  ^^^^^  for  said  city,  and  to  tlie  keeping  of  the  same  in  good  re- 
How  appointed,  pair  and  cleanly  condition,  at  a  salary  of  two  hundred  and 

Duties. 

Salary.  fifty  dollai's  per  annum,  payable  monthly  by  the  City  Register, 

out  of  the  amount  estimated  by  the  superintendent  for  the 
current  year,  as  provided  in  section  three  of  this  ordinance,  upon 
the  order  from  said  Register  of  Wills  for  said  compensation. 

JANITOR  AND  WATCHMAN  OF  OLD  MASONIC  BUILDING. 

No;23,  Api.  16,  9.  There  shall  be  annually  appointed,  as  other  city  officers 
27, '74.  are,  a  janitor,  whose  duty  it  shall  be  to  keep  in  order,  clean 

Janitor  of  old  and  arrange  the  various  offices  in  the  building  known  as  the 
Court  House.     Old  Masouic  Hall  on  St.  Paul  street,  now  used  for  the  purposes 


Courts.  239 

Article  XIV. — Ordinances. 


of  the  Supreme   Bench,  the  Baltimore  City  Court  and  the  saiary. 
Circuit   Court  of  Baltimore  City ;  the  salary  of  said  janitor 
shall  be  at  the  rate  of  one  thousand  dollars  per  annum,  payable 
monthly. 

10.     There  shall  be  annually  appointed  by  the  Mayor,  as  n°-  ^J^^o^' 
other  city  officers  are   appointed,   a  watchman    of    the    Old '^i"-^^''*'^- 
Masonic  Hall  mentioned  in  the  preceding  section  and  used  i'or  ^^^^^^°"^'"'^ 
the  purposes  therein  set  forth,  whose  duty  it  shall  be  to  take 
charge  of  and  watch  said  building,  between  the  hours  of  6 
o'clock  F.  M.  and  7  o'clock  A.  M.,  and  who  shall  remain  in 
or  about  said  building  continuously  between  said  hours.     He  SaUry. 
shall  be  paid  as  compensation  for  his  services,  at  the  rate  of  two 
dollars  and  fifty  cents  per  day. 


240  Cruelty  to  Animals. 


Article  XV. — Statutes. 


ARTICLE  XY. 

CRUELTY  TO  ANIMALS. 


STATUTES 


1.  How  punished. 

2.  Overdriving,    cruelly    beating, 

starving,  &c.,  horses,  oxen,  &c. : 
penalty. 

3.  Owners,  drivers    or    persons    in 

charge,  punishable. 


4.  Justices   and    judges    of   courts: 

Society  for  Prevention  of  Cruelty 
to  Animals. 

5.  Bull,  bear  or  dog  baiting  or  fight- 

ing, &c. :  penalty. 


ORDINANCES 


1.  Cock  fighting  proliibited  :  penalty: 

fines. 

2.  Live  fowls  not  to  be  tied  by  legs : 

penalty. 


3.  Muzzling  calves:  penalty. 

4.  Burning,     cutting     or     mufliing 

mouths  of  calves :  penalty. 


STATUTES. 

P.  L.  L ,  art.  4,      1 .     If  any  person  shall  wilfully  cause  or  procure  any  buU- 
crueity  to  ani-  baitinpf    cock-fi o-litln ff,  or  the  fighting  of  dogs,  in  the  City  of 

mala;  how  pun-  .    °'  &  feJ  fo  &  ft    '  J 

ished.  Baltimore,  or  shall  wilfully  and  wickedly  kill,  cripple,  or 

commit  acts  of  cruelty  upon  animals  in  said  city,  or  any  of 
the  streets,  lanes  or  alleys  thereof,  every  such  person  and 
those  aiding  therein  shall  he  liable  to  prosecution  and  pun- 
ishment in  the  Criminal  Court  of  Baltimore,  as  for  other 
misdemeanors.  n    • 

1878,0.387,8,1.      2.     Whoever  shall  overdrive,  overload,  overwork,  torture, 
Overdriving,      torment,  deprive  of  necessary  sustenance,  cruelly  beat,  muti- 

cruelly  beating,  i  •n 

starving, &c., "  late,  or  kill,  or  cause  or  procure  to  be  so  overdriven,  over- 

norseSjOxen,  Ac.  '  '  i. 

loaded,  overworked,  tortured,  tormented,  deprived  of  neces- 


Cruelty  to  Animals,  241 


Article  XV. — Statutes. 


sary  sustenance,  cruelly  beaten,  mutilated  or  killed,  any 
horse,  ox,  or  other  animal,  shall  be  punished  by  a  fine  of 
not  less  than  five  dollars,  nor  more  than  twenty  dollars,  to  penalty. 
be  recovered  on  complaint  by  any  member  of  the  Society  for 
the  Prevention  of  Cruelty  to  Animals,  or  by  any  other  per- 
son, before  any  justice  of  the  peace  in  Baltimore  city. 

3.  Every  owner,  driver  or  possessor,  or  person  having  ibid, s.  a.' 
charge  or  custody  of  a  maimed,  disabled  or  diseased  horse,  owners,  drivers 

or  persons  in 

mule  or  other  animal,  who  shall  cruelly  work  the  same  when  charge  punish- 

'  •'  able. 

unfit  for  work,  or  cruelly  abandon  the  same,  shall  be  pun- 
ished in  the  same  manner  as  provided  in  the  preceding  section. 

4.  It  shall  be  the  duty  of  any  magistrate  in  the  city  of  ibid,9.3. 
Baltimore,  or  the  iudge  of  any  court  in  the  said  city,  before  .justices  and 

'  J        "  *'  judges  of  courts. 

whom  is 'brought  for  trial  any  person  or  persons  charged 

with  the  violation  of  any  of  the  provisions  of  this  article,  to 

admit  the  president  of  the  Society  for  the  Prevention  of  societ^y  for  Pre- 

Cruelty  to  Animals,  or  the  counsel  of  said  society,  to  aid  any  cruei.y  to  Ani- 

State's  Attorney  in  the  prosecution  of  such  person  or  persons. 

5.  Any  person  or  persons  who  shall  keep  or  use  any  bull,  ibid,  s.  4. 
bear  or  dog  for  the  purpose  of  fighting  or  baiting  the  same,  Buii,,bear^or^^ 
or  as  a  target  to  be  shot  at,  either  for  amusement  or  as  a  test  baiting,  &c. 
of  skill  in  marksmanship,  or  who  shall  be  a  party  to  or  be 
present  as  a  spectator  at  any  such  fighting,  baiting  or  shoot- 
ing of  any  bear,  bull  or  dog,  or  any  person  who  shall  rent 

any  room,  shed,  ground  or  premises  for  the  purpose  of  fight- 
ing, baiting  or  shooting  any  animal  as  aforesaid,  shall,  upon 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and 
be  punished  by  a  fine  of  not  less  than  twenty  dollars  nor  penalty. 
more  than  fifty  dollars,  or  be  imprisoned  in  the  jail  of  the 
city  of  Baltimore  for  not  less  than  thirty  days  nor  more 
than  ninety  days,  or  be  both  fined  and  imprisoned,  in  the 
discretion  of  the  court  before  whom  such  person  or  persons 
may  be  tried  and  convicted. 


242  Crup:lty  to  Animals. 


Article  XV. — Ordinances. 


ORDIN A  NCES  . 

No. 36, 88. 14, 17,  1.  No  match  or  main  of  cocks  shall  be  fought  within  the 
Cock  fighting,  city  of  Baltimore,  and  if  any  match  or  main  of  cocks  shall 
be  fought  within  the  said  city,  every  person  who  shall  trim, 
heel,  pit  or  hand  any  cock  so  fought,  and  every  owner  of 
any  cock  consenting  to  his  fighting,  and  every  person  who 
shall  bet  on  such  match  or  main,  shall  severally  forfeit  and 
Penalty.  pay  the  sum  of  twenty  dollars  for  every  such  offence. 

No.  128,  Aug.  7,      2.     It  shall  not  be  lawful  for  any  person  or  persons  to 
Live  fowls  not  offcr  for  salc,  in  any  of  the  markets  or  streets  of  the  city  of 

to  be  tied  by  _         "^  _  ■' 

legs.  Baltimore,  any  live  fowl  or  fowls  when  tied  by  the  legs  ;  any 

Penalty.  pcrsou  SO  otFeuding  shall  forfeit  and  pay  the  sum  of  two  dol- 

lars for  each  and  every  offence,  to  be  recovered  in  like  man- 
ner as  other  fines  and  penalties  are  recoverable. 

No.  57,  s.  66,  H.      3,     Whenever  cows  with  calves  may  be  exposed  or  offered 

Muzziingcaives.  for  Sale,  and  it  may  be  necessary  to  confine  one  or  the  other 

with  cords  or  otherwise,  the  calf  only  shall  be  confined,  un- 

Penaity.  dcr  a  penalty  not  exceeding  tliree  dollars  ;  and  any  person 

who  shall  muzzle  or  tie  the  mouth  of  any  calf  to  prevent  it 

from  drawing  from  the  cows  its  natural  and  accustomed  food, 

shg,!!  forfeit  and  pay  a  sum  not  exceeding  five  dollars,  nor 

less  than  three  dollars. 

No^ar, s. 69,  ^      j^  shall  not  be  lawful  for  any  person  to  burn,  sear  or 

ung°i? muffling  ^^^  ^^^^  iuuer  part  of  the  mouth  of  any  calf,  or  while  passing 

calves!"   "°     through  or  standing  in  the  streets  or  market  places  of  the 

city,  to  confine,  or  cause  to  be  confined,  the  mouth  of  any  ' 

calf  by  rope,  twine  or  any  kind  of  muifie  placed  over  the 

mouth  or  otherwise  of  such  calf;  and  every  person  so  offend- 

Penaity.  ing,  shall  for  every  such  offence  forfeit  and  pay  the  sum  of 

five  dollars. 


Deaf,  Dumb  and  Blind. 


243 


Article  XVI.— Statutes. 


ARTICLE  XVI. 


DEAF,  DUMB  AND  BLIND. 


STATUTES 


DEAF   AND  DUMB. 

1.  What  Deaf  and  Dumb  to  be  edu- 

cated by  public. 

2.  Duty  of  Governor  of  State:  ap- 

propriations :  provisos. 

BLIND. 

3.  Annual  appropriation  for  indigent 

Blind. 


4.  Recommendation. 

5.  Yearly  amount  to  each :  term  of 

instruction. 

REPORT    OP   GOVERNOR. 

6.  Governor   to  report  to  Legisla- 

ture. 


ORDINA  NCES 


DEAF  AND  DUMB. 

Deaf  Mutes:  proviso:  certificate 
of  physician :  when  Mayor  to 
authorize  admission  into  Fred- 
erick Institution  :  appropria- 
tion. 


2.  Annual  appropriation. 

3.  Agent  of  the  city  of  Baltimore : 

duties. 

4.  Annual  appropriation  for  trans- 

portation :  Comptroller  to  issue 
his  warrant  for  expenses  »&c. 


STATUTES 


DEAF  AND  DUMB. 


1.     It  shall  be  and  is  hereby  made  the  duty  of  the  Mayor  p-^^- ^■' "'•  ^3' 
and  City  Council  of  Baltimore,  on  the  application    of  any  what  deai  and 

•'  ILL  ^    dumb  to  be  edu- 

parent,  guardian  or  next  friend  (provided  such  parent,  guar-  cated  by  public. 
dian  or  next  friend  has  been  a  bona  fide  citizen  of  this  State 
for  at  least  two  years  previous  to  such  application)  of  any 
deaf  and  dumb  person  of  teachable  age  and  capacity,  not  ex- 
ceeding the  age  of  twenty-one  years,  to  inquire  into  the  age 
and  capacity  of  said  deaf  and  dumb  person,  and  also  into 


244  Deaf,  Dumb  and  Blind. 


Article  XVI.— Statutes. 


the  ability  of  such  person,  his  or  her  parent  or  guardian,  to 
pay  the  expense  of  his  or  her  education  ;  and  if  satisfied  by 
evidence  produced  that  such  person  is  of  teachable  age,  and  is 
endowed  with  capacitj'^  to  receive  instruction,  and  that  neither 
such  person,  his  or  her  parents  or  guardian  is  possessed  of 
means  to  pay  for  such  instruction,  then  it  shall  be  the  further 
duty  of  the  Mayor  and  City  Council  of  Baltimore  aforesaid, 
to  certify  the  same  to  the  Governor  of  this  State. 

1865,0.68;  1870,      2.     Ou  recciviug  the  certificate  of  the  Mayor  and  City 
Duty  of  Gov-     Council  of  Baltimore,  as  aforesaid,  it  shall  be  the  duty  of 

ernor  of  State.  '  '  ^  .     ^ 

the  Governor  to  authorize  the  instruction  of  said  deaf  and 
dumb  person  in  the  Maryland  Institute  for  the  education  of 
the  deaf  and  dumb  located  at  Frederick,  for  a  term  not  ex- 
ceeding seven  years  ;  and  it  shall  be  the  further  duty  of  the 
Governor,  on  the  certificate  of  the  president  of  said  institu- 
tion, that  such  deaf  and  dumb  person  has  been  taught  at 
said  institution,  to  order  the  Comptroller  of  the  Treasury  to 
Appropriations,  draw  his  warrant  on  the  Treasurer  of  this  State  for  two  hun- 
dred dollars  per  annum,  for  each  deaf  and  dumb  person 
taught  in  pursuance  of  his  authority  at  said  institution,  pay- 
able to  the  president  thereof,  in  quarterly  payments,  on  the 
first  days  of  January,  April,  July  and  October,  in  each  year; 
and  the  Governor  shall  also  order  the  Comptroller  of  the 
Treasury  to  draw  06  the  Treasurer  his  warrant,  p.ayable  to  the 
proper  party  for  the  expenses  necessarily  incurred  in  transport- 
Provisos,  ing  and  returning  said  deaf  and  dumb  person  ;  provided, 
that  the  whole  amount  drawn  from  the  treasury,  for  the  pur- 
poses aforesaid,  shall  not  exceed  seven  thousand  five  hundred 
dollars  in  any  one  year  ;  provided  further,  that  the  Gover- 
nor shall  dispose  of  applications  in  behalf  of  deaf  and  dumb 
persons,  under  the  provisons  of  this  article,  in  the  order  in 
which  they  may  be  made ;  and  if  the  applications  be  more 
than  sufficient  to  absorb  the  foregoing  appropriation,  he  shall 
suspend  the  action  upon  the  excess  until  vacancies  occur,  or 
further  provision  be  made  by  the  General  Assembly. 


Deaf,  Dumb  and  Blind.  245 


Article  XVI. — Ordinances. 


BLIND. 

3.  A  sum  not  exceeding  fifteen  thousand  dollars  shall  be  ises,  c  205. 
annually  appropriated,  to  be  applied,  under  the  direction  of  Annual  appro- 

•'        ^  ^        ^  '  '^  ^  '  priation  for  in- 

the  Governor,  in  placing  for  instruction  in  the  Maryland  ^igent blind. 
Institution  for  the  Instruction  of  the  Blind,  such  indigent 
blind  persons  of  the  age  of  nine  years  and  upwards,  inhabi- 
tants of  this  State  and  the  county  or  city  from  which  they 
are  recommended,  as  may  be  duly  recommended  to  the  Gov- 
ernor by  the  County  Commissioners  of  each  county,  or  the 
judges  of  the  Orjdians'  Court  of  Baltimore  City. 

4.  The  recommendation   shall  state  that  such  blind  per- p.  g.l., art.  33, 

sec.  4. 

sons  are  in  such  indigent  circumstances  as  to  be  unable,  from  Recommenda- 

.        .        tion. 

their  own  resources,  or  those  of  their  parents,  to  obtain  in- 
struction, and  are  of  good  natural  capacity. 

5.  The  amount  per  annum  paid  for  any  one  individual,  ises.c.rs. 
shall  not  exceed  the  sum  of  three  hundred  dollars,  nor  the  Yearly  amount 

to  each ;  term  ol 

term  of  instruction  eight  years.  instruction 

REPORT  OF  GOVERNOR. 

6.  The  Governor  shall  report  to  the  General  Assembly  p.^g.l., art.  33, 
at  each  regular  session  thereof,  the  amount  of  money  expend-  Governor  to  re- 

<->  '  .  •    1  J  P*""         Legisia- 

ed  by  him  in  pursuance  of  the  provisions  of  this  article,  and  ture. 
the  names,  ages,  and  places  of  residence  of  the  different 
applicants. 

ORDINANCES  . 
DEAF  AND  DUMB. 
1.     On  the  application  of  any  parent,  guardian,  or  next  no.  43,  June 21, 
friend  of  any  deaf  mute  of  teachable  age,  and  good  mental  oeafmute. 
capacity,  (provided  such  parent,  guardian,  or  next  friend  has  proviso.      • 
been  a  ho aa  fide  resident  of  the  city  of  Baltimore  for  at  least 
three  years  continuously  previous  to  such  application,)  ac- 


246 


Deaf,  Dumb  and  Blind. 


Article  XVI. — Ordinances. 


Certiflcateof  companicd  by  the  certificate  of  a  practising  physician,  certi- 
fying to  the  deafness  of  the  child,  and  at  the  same  time  the 
parent,  guardian  or  next  friend  shall  produce  satisfactory 
evidence  under  oath,  of  their  inability  to  pay  for  the  main- 
tenance and  education   of  the  same,  it  shall  be   the  duty  of 

When  M.iyorto  the   Mayor   to  authorize  the  admission  of  said   child,  for  a 

authorize  ad- 
mission info      term  not  exceeding  seven   years,  into  the  institution  for  the 

Frederick  In-  O  j  j 

stitntion.  instruction  of  deaf  and  dumb  at  the  city  of  Frederick,  Md., 

Appropriation,  aiid  pay  for  its  maintenance,  tuition  and  clothing,  a  sum  not 
exceeding  two  hundred  dollars  per  annum. 

Ibid,  s.  2.  2.     The   sum  of  eight  thousand  dollars  is  hereby  appro- 

Anuuai  appro-   priatcd  annually  for  the  purpose  of  carrying  out  the  provi- 

priatioii.  .... 

sions  of  this  ordinance. 

3.  The  Mayor  shall  annually  aj^point,  as  other  city  officers 
are  now  appointed,  a  person  who  shall  be  styled  the  agent 
of  the  city  of  Baltimore  for  the  deaf  and  dumb  institution 
at  Frederick,  who  shall  see  that  all  applicants  are  examined, 
and  certificates  filed  with  the  Mayor,  in  compliance  with  the 
provisions  of  the  first  section  of  this  ordinance,  and  who 
shall  have  a  general  supervision  of  all  matter  connected  with 
the  interest  of  the  city  in  connection  with  said  institution, 
and  who  shall  receive  no  salary. 

4.  The  sum  of  two  hundred  dollars  is  hereby  ai)propria- 
ted  annually  to  pay  transportation  and  other  expenses  incur- 
red by  the  agent  of  the  institution,  in  carrying  out  the  pro- 
visions of  this  ordinance  ;  and  the  Comptroller  shall  issue 
his  warrant  for  the  payment  of  the  expenses  incurred  by  the 
agent  in  carrying  out  the  j)rovi8ions  of  this  ordinance,  upon 
his  filing  the  proper  vouchers  for  the  said  expenditures,  under 
affidavit,  with  the  Comptroller. 


Ibid,  s.  3. 

Agent  of  the 
city  of  Balti- 
more. 

Duties. 


Ibid,  s.  4. 

Annual  appro- 
priation for 
transportation. 

Comptroller  to 
is,sue  his  war- 
rant for  eKi)en- 
ses,  &c. 


Elections, 


247 


Article  XVII. 


AUTICLE  XVII 


ELECTIONS 


STATUTES 


2. 


9. 


10. 


11. 


Redivision  of  wards  into  election 
precincts. 

How  numbered  :  numbers  to  be 
recorded  and  published. 

Vote  to  be  received  only  in  pre- 
cinct where  voter  resides. 

Board  of  supervisors  of  elections: 
judges  of  elections:  names  of 
judges  to  be  published :  com- 
plaints to  Board :  proviso. 

Vacancies  among  judges. 

Judges  to  be  conservators  of  the 
peace:  to  preserve  order  and 
suppress  riot. 

To  select  places  of  voting  :  what 
places  shall  not  be  selected: 
barriers  to  be  erected  at  polls. 

Power  of  judges  to  commit  per- 
sons: power  over  sheriff  and 
posse. 

Penalty  for  refusing  to  obey 
summons  of  judge. 

For  refusing  use  of  jail :  proviso : 
reservation  of  powers  to  Board 
of  Police. 

Clerks  of  election :  pay  of  judges 
and  clerks :  what  expenses  to 
be  paid  by  Mayor  and  City 
Council. 

Oaths  of  judges  and  clerks. 

Notice  of  places  of  election  to 
be  given. 

Hours  of  voting. 


15.  Ballots  to  be  taken  before  exami- 

nation of  voters:  box  for  re- 
jected ballots  to  be-  kept :  re- 
jected ballots  to  be  sealed  and 
put  in  :  box  to  be  sealed  and 
kept  twelve  months :  when  to 
be  destroyed. 

16.  Drinking  houses  to  be  closed: 

penalty  for  selling  liquor. 

17.  Judges  to  go  before  grand  jury : 

penalty  for  neglecting  to  do 
so. 

18.  Grand  jury  not  to  be  discharged 

without  presentment  of  judges' 
appearance. 

19.  Grand   jury  to  present   judges 

failing  to  appear  :  on  present- 
ment warrant  to  issue  for :  pre- 
sentment to  go  to  next  grand 
jury:  charge  to  jury:  pen- 
alty. 

20.  Penalty   on   judge    of    election 

failing  to  preserve  peace. 

21.  Sheriff    to  give  notice  of  elec- 

tions: failure  of  notice:  places 
of  election:  penalty:  judges 
refusing  legal  or  allowing  ille- 
gal votes :  imprisonment :  pen- 
alty. 

22.  Penalty  for  preventing  legal  or 

procuring  illegal  voting:  for 
voting  illegally. 


248 


Elections. 


Article  XVII.— Statutes. 


33.  Penalty  for  conspiring  to  prevent 
legal  or  procure  illegal  voting : 
for  assaulting  or  intimidating 
voters:  for  destroying  ballots 
or  ballot  boxes:  for  violence 
to  judges  or  clerks:  for  resist- 
ing officers:  for  destroying 
naturalization  papers. 


24. 
25. 
26. 


37. 


Power  to  seize  arms. 

Powers  of  Board  of  Police  saved. 

How  above  provisions  to  apply 
to  elections  in  Baltimore :  fed- 
eral, State  and  municipal  elec- 
tions :  Board  of  Police. 

Want  of  notice  not  to  invalidate 
election :  proviso. 


OKDINANCES 


1.    Returns  by  judges. 

3.   Penalty  for  illegal  voting. 


3.  Vacancy  in  City  Council. 

4.  Fines  and  forfeitures. 


STATUTES 


)876,  c.  247.  1.     The  Board  of  Police  of  the  City  of  Baltimore  before 

Re  division  of  Julj  fiist,  eighteen  hundred  and  seventy-six,  and  before  the 
tion  precincts,  holding  of  any  election  whatsoever  in  the  said  city,  shall  lay 
out  and  divide  each  and  every  of  the  wards  of  said  city  into 
election  precincts,*  each  of  which  shall  contain  as  nearly  as 
may  be  six  hundred  voters,  and  shall  from  time  to  time,  as 
changes  of  population  or  alteration  of  the  metes  and  bounds 
of  the  wards  in  said  city  may  require,  alter  and  correct  the 
said  precincts,  so  that  the  voting  population  in  each  of  said 
precincts  shall  be  maintained  as  nearly  as  may  be  at  six  hun- 
dred voters,  and  shall  give  notice  by  publication  of  such  divi- 
sion, and  of  all  changes,  alterations  and  corrections  thereof, 
and  shall  record  the  outlines  of  said  precincts  in  the  mode 
provided  in  the  next  succeeding  section. 


p.  L.  L.,  art.  4. 
sec.  2Ul. 


2.     The  Board  of  Police  shall  cause  the  said  precincts  in 
each  and  every  ward  to  be  numbered  one,  two,  &c.,  and  the 

How  numbered ;  "^  v 

numbers  to  be  j^ggi-jptj^^j^  ^f  g^ch  thcrcof  to  bc  rccordcd  in  a  book  to  be 

recordeu  ana  i 

published.        kept  by  them  for  the  purpose,  and  as  soon  as  the  said  division 
shall  have  been  so  made  and  recorded,  the  said  board  shall 


See  the  re-division  under  Article  I,  p.  35,  ante. 


Elections.  249 

Article  XVII.— Statutes. 


cause  the  said  description  of  the  several  precincts,  with  their 
respective  numbers,  to  be  published  daily  three  times  in  all 
the  daily  papers  of  the  city  of  Baltimore,  which  shall  be 
willing,  for  a  proper  compensation,  to  insert  the  same. 

3.  After  the  making  of  such  several  divisions  or  distri- ibid,  s.  204. 
butions  into  precincts,  the  votes  of  the  citizens  entitled  by  vote  to  be  re- 

1  J.  i-  1P1  •  /•T.i-  Till       ceived    only   in 

law  to  vote  in  any  ward  01  the  city  01  Baltimore,  shall  be  precinct  where 

voter  resides. 

given  and  received  only  at  the  place  of  voting  in  the  precinct 
in  which  they  shall  reside  at  the  time  of  such  voting,  or  in 
which  they  may  have  last  resided  previously  to  their  removal 
from  the  said  ward,  if  they  have  so  removed,  and  have  not 
acquired  a  legal  residence  elsewhere. 

4.  During   the   session  of  the   Legislature,    (of   187f'>,)  i876,  c.223. 
and    durinij:    each    succeeding    session    thereof,    the    Gov- Board  of  super- 

'-'  °  vigors  of   Elec- 

ernor  of  Maryland,  by  and  with  the  advice  and  consent  of ''""^s- 
the  Senate,  shall  appoint  three  persons,  residents  and  voters 
in  the  city  of  Baltimore,  who  shall  be  styled  the  Board  of 
Supervisors  of  Elections  in  the  City  of  Baltimore.  The  said 
board  shall  serve  without  compensation,  and  shall  hold  office 
for  the  term  of  two  years  from  the  first  day  of  May  next 
after  their  appointment,  and  shall  exercise  the  powers  and 
perform  the  duties  hereinafter  set  forth,  or  which  may  from 
time  to  time  be  conferred  or  imposed  upon  them  by  law ;  in  case 
of  a  vacancy  occuring  in  said  board  when  the  Legislature  is 
not  in  session,  the  vacancy  shall  be  filled  by  the  Governor. 
It  shall  be  the  duty  of  said  board,  or  a  majority  thereof,  not 
less  than  three  weeks  before  every  election  to  be  hereafter 
held  in  the  city  of  Baltimore,  to  appoint  three  discreet  per-  Judges  of  Eiec 
sons,  no  one  of  whom  shall  hold  office  or  employment  under 
the  Government  of  the  United  States,  or  the  State  of  Mary- 
land, or  of  the  city  of  Baltimore,  to  act  as  judges  of  election* 


*  The  office  held  by  judges  of  election  is  judicial,  and  such  officers  cannot 
be  held  legally  responsible  for  any  thing  more  than  an  honest  and  faithful 
exercise  of  judgiuent,.aud  are  not  liable  for  the  consequences  of  mistakes 


250  Elections. 

Article  XVII.— Statutes. 


in  each  of  the  voting  precincts  of  the  said  city,  one  of  whom 
shall  be  of  a  political  party  different  from  that  with  which 
the  other  two  are  connected,  and  shall  designate  in  said 
appointment  one  of  said  persons  as  presiding  judge.  The 
said  judges  shall  be  legal  voters  of  the  precincts  for  which 
they  shall  be  appointed,  and  they  and  their  successors  in 
office  shall  hold  office  for  the  term  of  one  year  from  and  after 
the  date  of  their  ap})ointment,  subject,  however,  to  removal 
by  the  said  board,  whenever  the  said  board  shall  be  convinced 
of  the  unfitness  of  any  judge,  or  credibly  advised  of  any 
misconduct  on  his  part  in  his  office  of  judge  of  election  as 
aforesaid  ;  and  the  said  board  shall  publish  the  names  of 
judges  so  removed  in  one  daily  paper  published  in  the  city 
of  Baltimore,  within  one  week  after  such  removal  ;  but  each 
and  every  person  so  appointed  to  act  as  judge  of  election 
shall,  unless  excused  or  removed  by  the  said  board,  or  dis- 
qualified by  ill  health,  or  otherwise  according  to  law,  be 
bound  to  serve  as  such  judge  for  the  term  of  one  year  as 
aforesaid  when  appointed,  once  in  every  five  years  if  required, 
and  in  case  of  refusal  so  to  do,  shall  be  liable  to  a  penalty  of 
five  hundred  dollars,  recoverable  by  the  said  board  by  civil 
action  in  tlic  name  of  the  State  ;  and  a  failure  to  attend  at 
any  election,  during  said  term,  unless  prevented  by  sickness 
or  other  sufficient  cause,  shall  be  deemed  a  refusal  within 
the  meaning  of  this  section  ;  it  shall  be  the  duty  of  the  said 
Names  of  judges  board    beforc  each  election  in  said  city,  to  publish  in  two 

to  be  pubfished.         .  _  J  J  l  . 

daily  papers  jjublished  in  said  city  daily  for  one  week,  the 
last  insertion  to  be  not  less  than  two  weeks  before  the  day 
of  election,  the  names  of  all  the  judges  of  election  by  them 


honestly  made.  In  an  action  against  judges  of  election,  for  refusing  to  per- 
mit the  plaintiff  to  vote,  the  declaration  must  allege  that  the  act  was  done 
wilfully  and  fraudulently,  or  corruptly;  for  wrongs  so  done,  these  officers 
are  liable  both  civilly  and  criminally.  Bevard  v.  Iloffnutn  et  al.,  18  Md.  479 ; 
Anderson  v.  Baker,  33d  Md.  631. 


Elections.  251 

Article  XVII.— Statutes. 


appointed,   designating  the  wards  and  precincts  in  which 

tliey  are  to  serve,  and  sliall  receive  and  consider  all  com- Complaints  to 

....  .  .         Board. 

plaints  in  writing  preferred  against  the  fitness  and  qualifi- 
cations of  any  one  or  more  of  the  said  judges  of  election  ; 
provided,  however,  that  no  puhlication  of  the  names  of  sub-  Proviso, 
stitutes  for  judges  removed  or  disqualified  by  sickness  or 
otherwise  shall  be  required. 

5.  The  said  board  shall  have  power,  and  it  shall  be  their  i876,  c. 2^3. 
duty  to  fill  all  vacancies  which  may  be  caused  among  said  vacancies 

''  ./  <j  among  judges. 

judges  by  death,  disqualification  or  refusal  to  act,  or  other- 
wise, and  from  time  to  vtime  to  appoint  successors  to  those 
judges  whose  term  of  service  may  be  about  to  expire,  or  may 
have  expired,  and  substitutes  to  fill  vacancies  as  aforesaid,  and 
every  such  substitute  shall  hold  office  until  the  end  of  the  orig- 
inal term  of  one  year  for  which  his  predecessor  was  appointed. 

6.  The  said  judges  of  election,  and  each  of  them,  are  p.  l  l  a^.  4, 

w  "  sec.  aUV. 

made  conservators  of  the  peace  while  they  shall  be  acting  as  J^;!^^^';;^;^'';^ „, 

such  judges,  and  shall  have  full  power  and  authority,  and^^epeace. 

are  hereby  respectively  commanded  to  preserve  the  peace  at 

and  about  the  places  of  voting  of  their  resi)ective  precincts 

from  the  time  that  the  polls  shall  have  been  opened  therein 

until  the  returns  of  the  votes  taken  at  any  election  therein 

shall  have  been  made ;  and  they,  and  each  of  them,  shall 

have  full  power,  and  it  shall  be  their  duty  to  keep  the  polls 

of  their  respective  precincts  clear,  or  cause  them  to  be  kept 

clear,  so  that  ingress  thereto  and  egress  therefrom  shall  be 

free  and  unobstructed  to  the  voters  ;  and  to  prevent  and  sup-  Topreserve^^ 

press  riots,  tumult,  violence,  disorder  and  all  otlier  improper  press  riot. 

practices,  tending  to  the  intimidation  or  obstruction  of  voters, 

or  the  disturbance  or  interruption  of  elections. 

7       The  said  judges,  or  a  majority  of  them  in  each  pre-  ibid,s.208. 
cinct,  shall  have  power,  and  are  herc%  directed,  to  select  xo^sejej  places 
the  places  of  voting  in  and  for  their  respective  precincts,  and 


252  Elections. 

Article  XVII.— Statutes. 


to  take  care  that  the  same  be  as  near  the  centre  of  such  pre- 
cincts as  may  be,  and  upon  an  open,  public  street,  in  a  free, 
What  places      acccssible  and  convenient  location,  and  that  no  tavern,  liquor 

shall  not  be 

selected.  storc,  grog-shop,  or  other  place  at  which  liquor  shall  usually, 

or  at  the  time,  be  sold,  shall  be  by  them  taken  or  used  as  a 
place  of  voting  ;    and  they  shall  take  all  such  measures, 

Barriers  to  be     whcthcr  by  the  erection  of  barriers,  or  establishing  limits 

erected  at  polls.  _  ^ 

around  the  polls  or  otherwise,  as  may  be  necessary  and 
proper  in  their  judgment,  to  prevent  crowding  at  or  near 
the  polls,  or  the  interruption  of  voters  in  approaching  or  re- 
turning from  the  same  ;  and  it  shall  be  their  duty,  by  proper 
precautions  in  advance  and  by  such  regulations  and  arrange- 
ments beforehand,  or  on  the  day  of  election,  as  may  be  suit- 
able, to  secure  the  peaceful  conduct  of  such  elections  as  may 
be  held  during  their  official  terms,  and  the  protection  of  the 
voters  and  the  ballot-boxes  from  violence  and  fraud. 

Ibid,  s.  309.  8.     In  order  to  enable  the  judges  to  discharge  the  duties 

Power  of  judge  imposcd  On  them  by  this  article,  or  any  other  law,  they,  and 

to  commit  per-  i      i     i  p  i        • 

sons.  each  of  them,  shall  have  full  power  and  authority  upon  every 

day  of  election,  and  until  they  shall  have  made  up  the  return 
of  the  v-otes  polled,  to  commit  to  the  jail  of  Baltimore  city, 
upon  their  warrants  respectively,  h\l  persons  who  shall,  with- 
in their  respective  precincts,  violate,  or  attempt  to  violate, 
any  of  the  provisions  of  this  article,  or  any  section  thereof, 
or  of  any  other  law  touching  elections  now  existing,  or  here- 
after to  be  enacted,  and  they  are  authorized  to  call  upon  the 
hjheriff  of  Baltimore  and  his  deputies,  and  all  constables,  po- 
licemen or  other  peace-officers,  to  serve  the  said  warrants  ; 
and  they  are  further  authorized  and  directed  at  the  times  and 

Power  over       for  the  pcriods  aforesaid,  to  call  upon  the  said  Sheriff  and 

Sheriff  and  ,.,.  ii/y>  i  i  •  i 

posse.  his  deputies  and  other  officers  last  above  mentioned,  as  well 

as  all  private  citizens,  and  if  need  be  to  summon  the  pofise 
Gomitatus  to  aid  them  in  suppressing  riot,  violence,  disturb- 
ance and  disorder,  and  in  jireserving  the  i3ublic  peace,  pro- 


Elections.  253 

Article  XVII.— Statutes. 


tecting  themselves  and  other  voters,  and  securing  the  quiet 
and  freedom  of  the  election  and  the  safety  of  the  ballots  and 

ballot-boxes. 

• 

9.  Any  person  or  persons  whom  the  said  judges  or  any  of  md,  s.  210. 
them  may  so  summon,  or  on  whom  they  may  so  call  to  exe-  Penalty  for  re- 

iji  •!  i'li  -1  !•        fusing  to  obey 

cute  the  said  warrants,  or  aid  tliem  respectively,  as  herein- summons  ei 
before  provided,  and  who  shall  refuse  to  obey  such  call  or 
summons,  shall  be  liable  respectively  to  the  penalties  follow- 
ing for  such  refusal,  to  be  recovered  by  the  said  board  of  po- 
lice, by  civil  action,  in  the  name  of  the  State,  that  is  to  sa}' : 
the  said  Sheriff  to  a  penalty  of  five  thousand  dollars,  any 
other  peace  officer  aforesaid  to  a  penalty  of  five  hundred  dol- 
lars, and  any  private  citizen  to  a  penalty  of  one  hundred  and 
fifty  dolhirs  ;  and  each  and  every  person  so  refusing  sliall  be 
liable,  moreover,  to  indictment,  and  such  punishment  for 
such  refusal  as  is  by  law  already  or  may  hereafter  be 
provided. 

10.  Any  officer  or  person  having  control,  command,  or  ihid,  s. 211. 
keeping  of  the  jail  of  Baltimore  city,  wbo  shall  refuse  to  re-  penalty  forre. 

.  ,        .  ,      .        fusing  use  of 

.  ceive  or  detain,  and  any  officer  of  the  corporation  ol  said  city  jaii. 
who  shall  prevent  or  forbid  the  reception  or  detention  in  such 
jail  of  any  person  so  committed  by  said  judges,  or  any  of 
them,  according  to  the  exigency  of  such  commitment,  shall 
be  liable  to  a  penalty  of  one  thousand  dollars  for  every  such 
offence,  recoverable  by  said  Board  of  Police,  by  civil  action,  in 
the  name  of  the  State,  and  likewise  to  iinprisoment  for  not 
less  than  sixty  days,  upon  conviction  thereof  in  any  criminal 
court   of  competent  jurisdiction  ;    provided,    however,    that  proviso, 
nothing  contained  in  this  article  shall  be  construed  to  impair 
or  destroy  the  authority  of  the  said  board  of  police  under  the  Re^ervatjo^n^of^ 
provisions   of  the   article   constituting   the   same,  and  pre- of  Pouce. 
scribing  their  powers  and  duties,  and  especially  under  the 
provisions  of  the  article  authorizing  them  to  control  and  com- 


254  Elections. 

Article  XVII— Statutes. 


mand  all  conservators  of  the  peace  on  the  occasions  and  in 
the  manner  therein  provided. 
1876,  c.  223.  1 1  ^     "pi^e  gai(j  board  of  Supervisors  of  Elections  shall  like- 

cierks  of  eiec-  wisc  appoint  for  evcrj  election  two  clerks,  of  different  poli- 
tical parties,  for  each  election  precinct,  who  shall  respectively 
discharge  the  duties  by  law  belonging  or  hereafter  to  be  as- 
Perdiem  of      signed  to  clcrks  of  election,  and  who  shall  receive  two  dollars 

judges  and  o  ? 

clerks.  ^^y,  ^.^g,^  q^q\^  f^j.  their  services  as  such.     The  said  judges  of 

election  shall  receive  two  dollars  pe?'  diem  each  for  their  ser- 
vices ;  the  compensation  of  such  judges  and  clerks,  and  all 
expenses  to  be  incurred  by  the  said  judges  under  this  article 

What  expenses  or  othcrwisc  accordiug  to  law,  as  well  as  all  expenses  to  be 

to  be  paid  by  o  ■>  x 

cmmcif"'^  ^'"y  incurred  by  the  said  Board  of  Supervisors  necessary  and 
proper  for  the  performance  of  their  duties  as  aforesaid,  as  well 
as  all  expenses  incurred  by  the  Board  of  Police  in  the  divison 
of  the  wards  into  precincts,  as  provided  by  this  article,  and  in 
recording  and  publishing  the  same  or  otherwise  under  this 
article,  or  in  the  execution  thereof,  to  be  i)aid  and  recoverable 
from  the  Mayor  and  City  Council  of  Baltimore,  and  to  be 
provided  for  by  said  Mayor  and  City  Council  by  taxation  or 
otherwise. 
]868,c.  377.  12.     Each  of  the  said  judges,  as  soon  as  may  be  after  his 

Oath  of  judges,  appointment,  and  before  proceeding  to  act  as  such  judge  of 
election,  shall  take  the  oath  or  affirmation  prescribed  by  arti- 
cle thirty-five  of  the  Public  General  Laws  as  amended  by  the 
act  of  the  General  Assembly,  passed  at  the  January  session 
thereof,  in  the  year  eighteen  hundred  and  sixty-seven,  chap- 
ter three  hundred  and  seventy-four,  repealing  and  adopting  a 
substitute  for  section  nine  of  said  article,  *  and  every  clerk 

*  The  section  cited  is  as  follows : 

Every  judge  of  election,  at  every  election  to  be  hereafter  held  in  pursuance 
of  law,  before  he  proceeds  to  take  or  receive  any  vote,  shall  take  the  follow- 
ing oath  or  affirmation  :  I.  A.  B.,  do  swear  (or  affirm)  that  I  will  permit  all 

persons  to  vote  who  shall  offer  to  vote  at  the  election  now  to  be  lield  for 

county,  or city,  whose  names  shall  appear  on  the  registry  or  list  of  voters 


Elections.  255 

Article  XVII.— Statutes. 


of  said  election,  as  soon  as  may  be  after  his  appointment,  and 
before  he  enters  any  vote  on  the  poll  book,  shall  take  the  oath  outu  ot  cierk. 
or  affirmation  prescribed  in  section  ten  of  said  article  thirty- 
five  of  the  Public  General  Laws  ;*  and  the  said  judges  and 
clerks  respectively,  shall  likewise  make  oath  or  affirmation 
well  and  faithfully  to  discharge  the  duties,  by  this  article  im- 
posed on  them  respectively,  or  which  may  be  assigned  to 
them  respectively,  during  their  official  term  oyiaw. 

13.  On  the  morning  of  each  day  of  election  in  said  city  p  ^  L.,art.  4, 
and  on  the  day  preceding,  if  practicable,  the  judges  of  each  Notice  oc places 
precinct  shall  give  public  notice  by  advertisement  in  all  the  given! 
daily  papers  of  the  said  city,  the  proprietors  whereof  shall  be 

willing  for  reasonable  compensation  to  insert  the  same,  of  the 
places  at  which  the  polls  shall  be  held  in  their  respective 
precincts. 

14.  At  every  election  in  the  city  of  Baltimore,  the  polls  {^i'^-^^^as"'^' 
shall  be  open  for  the  reception  of  votes  from  six  o'clock  A.  Hours  of  voting. 
M.  until  six  o'clock  P.  M.,  and  no  longer. 

15.  It  shall  be  the  duty  of  the  judges  of  election  in  each  i^d.sec.  216. 
of  the  precincts  hereinbefore  provided  for,  so  soon  as  any  per-  f,t!en'be?.  re 
son  shall  present  himself  to  vote  or  offer  to  vote  therein,  to  lZ"lt 
take  from  him  the  ballot  which  he  shall  tender,  before  they 
shall  examine  him  or  any  other  person  touching  his  qualifi- 
cations, and  before  they  shall  determine  in  regard  thereto  ; 
and  the  said  judges  in  each  precinct  in  addition,  to  the  ballot 
box  or  boxes,  to  be  used  for  the  rece])tion  of  votes  which  they 


ex- 
am illation  of 


furnished  to  me  according  to  law,  as  qualified  voters  under  the  Constitution 
and  Laws  of  this  State,  and  that  I  will  not  permit  any  person  to  vote  at  the 
same  election  whose  name  shall  not  be  found  upon  the  said  registry  or  list  of 
qualified  voters;  and  I  will  in  all  things  execute  the  oflice  of  judge  of  the 
said  election,  according  to  the  best  of  my  knowledge,  without  favor  or  par- 
tiality, so  help  me  God. 

♦"That  I  will  well  and  faithfully  without  favor,  affection  or  partiality 
execute  the  office  of  clerk  of  the  election  now  to  be  held,"  &c. 


256  Elections. 

Article  XVII. — Statutes 


Box  for  rejected  shall  leceive  as  legal,  shall  ])rovide  another  box,  wherein  all 

ballots  to  be  .  . 

^''P'-  ballots  which  they  shall  reject  shall  be  separately  dejiosited 

Rejected  ballots  by  the  Said  iudffes,  each  in  a  sealed  or  closed  envelope,  with 

to  be  sealed  and      *'  .  . 

put  in.  the  name  of  the  party  offering  the  same  endorsed  thereon  ; 

Box  to  be  seal-  wliicli  Said  box  shall  be  sealed  up  immediatey  after  the  said 

ed  and  kept 

twelvemonths,  election,  and  deposited  with  the  Board  of  Police  aforesaid, 
until  the  end  of  twelve  months  next  ensuing,  when,  if  the 
said  ballots  shall  not  have  been  or  shall  not  be  required  for 
the  purpose  of  any  election  contest  or  judicial  investigation, 

When  to  be  de-  (in  which  cascs  they  shall  be  produced  and  opened  if  neces- 

stroyed.  ^  -^  l  L 

sary,)  they  shall   be   destroyed   by  the   said  board  without 
being  opened. 

Ibid, sec.  217.         16.     It  shall  be  unlawful  to  keep  open  in  the  said  city  on 
Drinking  houses  any  elcction  day,  any  drinking  establishment  or  bar  room, 

to  be  closed.  *'  ^  ^  J  o  > 

or  any  grog-shop  whatsoever,  or  to  furnish  any  spirituous 
or  fermented  liquor  therein  or  therefrom,  and  any  person  or 
persons  who  shall  be  guilty  of  violating  this  section,  or  of 
retailing  or  dispensing  any  spirituous  or  fermented  liquors 
on  any  election  day  in  said  city,  shall  on  conviction  thereof 
Penalty  for  sell- forfeit  his  Or  their  license,  if  he  or  they  shall  have  taken  out 

ing  liquor.  •"  •' 

any,  and  be  disqualified  from  taking  out  any  other  license 
for  the  sale  of  such  liquors  for  the  space  of  five  years  there- 
after, and  shall  moreover  be  liable  to  a  penalty  of  five  hun- 
dred dollars,  to  be  recovered  by  said  Board  of  Police  by  civil 
action  in  the  name  of  the  State  ;  and  it  shall  be  the  duty  of 
said  board  and  of  the  Sheriff  and  his  deputies,  and  of  all 
policemen,  constables  and  other  peace  officers,  to  take  care 
that  the  provisions  of  this  section  be  complied  Avith,  and  to 
inform  upon  all  persons  violating  the  same,  of  whose  oflences 
they  shall  have  knowledge  or  information . 
Ibid,  sec.  ai8,  17.  It  shall  be  the  duty  of  each  and  every  of  the  said 
Judges  to  go  be- judges  of  clcction,  immediately  after  each  election  at  which 

fore  grand  jury.     ,  i      1 1     i 

they  shall  have  acted  as  such,  to  appear  before  the  grand 
jury   of   the   Criminal    Court   of  Baltimore,  if  in  session, 


Elections.  257 

Article  XVII.— Statutes. 


and  if  not,  before  the  grand  jury  of  said  court  which  shall 
next  be  in  session  thereafter,  to  be  examined  touching  any 
and  all  violations  of  the  provisions  of  the  Constitution,  or  of 
this  article,  or  of  any  other  law  relating  to  elections  of 
which  they  may  have  personal  knowledge,  or  which  they 
may  have  reasonable  ground  to  believe  to  have  been  com- 
mitted at  such  election  ;  and  every  judge  of  election  in  said 
city  foiling  so  to  appear  before  the  grand  jury  as  aforesaid, 
prior  to  the  adjournment  of  the  same,  and  to  give  such  in- 
formation as  aforesaid  as  he  may  possess  in  the  premises, 
shall  be  liable  to  a  penalty  of  five  hundred  dollars,  to  be  Penalty  for 
recovered  by  the  said  Board  of  Police  by  civil  action,  in  the  So!'^'^  '"''^°  ° 
name  of  the  State,  unless  the  judge  or  judges  so  failing  to 
appear,  shall  have  furnished  to  the  said  grand  jury  before 
their  said  adjournment,  his  or  their  certificate  signed  by  him 
or  them,  and  under  oath  made  and  certified  before  a  justice 
of  the  peace  of  said  city,  that  he  or  they  did  not  know,  and 
had  no  reason  to  believe,  that  any  such  offences  had  been 
committed  at  the  said  election  ;  which  certificates  shall  be 
returned  by  the  grand  jury  to  the  said  court,  and  preserved 
and  recorded  by  the  clerk  thereof. 

18.     No  grand  jury  sitting  at  the  time  of  any  election  in  ibid,  sec.  219. 
said  city,  or  assembling  next  thereafter,  shall  be  discharged  Grand  jury  not 

■,  '    .  ,  ,     to  be  discharged 

bv  the  said  court,  until  they  have  made  written  presentment,  without present- 

-'  '  "'  TT  1      nient  of  judges' 

on  their  oaths,  to  the  said  court  that  they  have  diligently  appearance. 
and  to  the  best  of  their  knowledge  and  ability,  examined 
such  judges  of  election  as  may  have  come  before  them,  and 
inquired  into  and  acted  upon  all  complaints  concerning 
alleged  violations  of  the  Constitution  and  laws  touching 
elections  at  the  election  next  preceding,  and  all  matters  con- 
cerning the  same  which  have  come  to  their  knowledge,  or 
concerning  which  they  have  had  any  information  or  reason- 
able ground  for  inquiry. 


258  Elections. 

Article  XVII.— Statutes. 


Ibid,  sec.  2v'o.         19.     It  shall  further  be  the  duty  of  the  said  grand  jury- 
Grand  jury  to    to  make  i)reseritinerit  to  said  court,  on  their  said  adiourn- 

present  judges  '' 

hmiiiBtoap-  nient,  of  all  judges  of  election  who  shall  have  failed  to 
appear  before  or  certify  to  them  as  aforesaid,  who  shall  be  at 
once  arrested  and  held  to  bail  to  answer  at  the  ensuing  term 

On  presentment,  of  Said  Qourt :  and  it  shall  be  the  duty  of  the  State's  Attorney 

warrant  to  issue  .  .  "^  '' 

forarreat.         immediately  to  apply  for,  and  of  the  court  to  issue  a  bench 

warrant  for  such  arresf,  and  the  State's  Attorney  shall  like- 

Presentment to  wisc  lav  the  Said  presentment   or  ])resentments   before  the 

go  to  next  grand  ^  i. 

j^'y-  next  grand  jury,  on  the  first  day  of  their  session,  with  the 

proper  indictments  thereupon,  which  it  shall  be  the  duty  of 
the  said  grand  jury  to  find  on  the  said  presentments  ;  and 
the  said  court  shall  give  the  provisions  of  this  article  in  re- 
charge to  jmy.  lation  to  elections  in  charge  to  each  and  every  grand  jury 
which  shall  be  in  session  at  the  time  of  any  election  held  in 
said  city,  or  next  thereafter  ;  and  any  failure  so  to  do,  and 
any  neglect  on  the  part  of  the  judge  of  said  court  or  of  the 
State's  Attorney  for  said  city  to  perform  the  duties  by  this 
section  imposed  on  them  respectively,  shall  be,  and  the  same 
Penalty.  are  hereby,  declared  to  be  acts  of  criminal  misbehavior  in 

office  on  the  part  of  said  judge  and  State's  Attorney  respec- 
tively. 

Ibid,  sec.  221.        20.     Any  judgc  of  election  who  shall  wilfully  neglect,  or 
penaityonjudKe  shall  whcu  Called  ou  wilfully  decline  or  refuse  to  exercise 

of  election  (ail- 
ing to  preserve  the  power  Conferred  on  him  by  this  article  for  preserving  the 

peace.  ^  *'  i  o 

peace  on  election  days,  and  securing  the  tranquility  and 
freedom  of  elections,  and  the  safety  and  uninterrupted  access 
of  the  voters  to  the  ballot  boxes,  shall  be  liable  for  every 
such  ofience  to  a  penalty  of  five  hundred  dollars,  recoverable 
by  civil  action,  by  said  Board  of  Police,  in  the  name  of  the 
State. 
i867,c.  141;  1878,  21.  Thc  Sheriff  of  Baltimore  City,  under  the  penalty  of 
sheiiff  to  f!ive  one  thousaiid  dollars,  shall  at  least  two  weeks  previous  to 

notice  of   elec-  ....  . 

tions.  every  election  in  said  city,  whether  federal,  State  or  muuici- 


Elections.  259 

Article  XVII.— Statutes. 


pal,  except  special  elections*  otherwise  provided  for,  hereafter 
to  be  held  in  tlie  said  city,  cause  public  notice  to  be  given  by 
advertiNement  set  up  at  the   most  public  places  in  each  pre- 
cinct of  tlie  several  wards  of  said  city,  and  also  by  adver- 
tisement in  all  the  daily  newspapers  printed  in  the  said  city, 
of    the    time    of    holding    said    election    in    the  said  city.  Failure  of  no- 
but  if  from  any  cause  said  notice  shall  fail  to  be  given,  said 
failure  shall  not  effect  the  validity  of  the  said  election,  or 
of  any  election  to  be  thereafter  held,  but  it  shall  be  the  duty 
of  the  several  judges  of  election  in  the  said  several  precincts 
in  the  several  wards  of  the  said  city,  at  the  time  prescribed 
by  law,  and  at  the  place  previously  selected,  and  advertised 
by  them  as  required  by  section  seven  of  this  article,  and  in  de- 
fault of  any   2>lace   having  been  selected  or  advertised   as  Places  of  eiec- 
aforesaid,  then  at  the  usual  places  of  holding  elections  in 
said  several  precincts,  or  at  the  place  where  the  last  preceding  Penalty. 
election  was  held  in  such  precinct,  under  the  pen;ilty  of  five 
hundred  dollars  for  each  judge  refusing  or  knowingly  and 
wilfully  neglecting  to  hold  such  election  ;  and  any  judge  of  Judftes  refusing 
election  who  .shall  wilfully  and  knowingly  refuse  a  legal  vote  ing iiicgai votes. 
when   offered,  or   shall   wilfully  and  knowingly  receive  an 
illegal  vote,  or  conspire  with  any  person  or  persons  whatso- 
ever to  violate  the  provisions  of  this  article,  or  of  any  other 
law,  or  of  the  Constitution  of  the  State,  touching  elections. 


*  Sections  49  and  51  of  Article  35,  P.  G.  L.  are  amended  by  the  act  of  1878, 
c.  437,  as  follows  : 

49.  Warrants  for  all  special  elections  shall  be  issued  to  the  Sheriff  of  the 
county  or  city  where  the  election  is  to  be  held,  who  shall  appoint  a  day  for 
the  holding  of  the  same,  and  shall  give  at  least  ten  days'  notice  thereof,  ex- 
clusive of  the  day  of  publication  and  day  of  election,  by  advertisements  set 
up  at  the  most  public  places  within  each  district  of  the  county,  and  by  ad- 
vertisements in  two  newspapers  of  general  circulation  in  such  county.  In 
the  city  of  Baltimore  ten  days'  previous  notice  shall  be  given  in  the  manner 
herein  prescribed  of  all  special  elections,  whether  for  federal.  State  or  muni- 
cipal officers. 

51.  Such  elections  shall  be  held  within  fifteen  days  after  the  warrant 
shall  be  received  by  the  Sheriff. 


260  Elections. 

Article  XVII. — Statutes. 


Imprisonment,  shall  be  guiltj  of  a  misdemeanor^  and  be  subject  to  imprison- 
ment for  not  less  than  six  months  for  each  and  every  such 
offence,  upon  indictment  and  conviction  thereof  in  a  court  of 

Penalty.  Competent  jurisdiction,  as  well  as  to  a  penalty  of  one  thou- 

sand dollars  for  receiving  an  illegal  vote  as  aforesaid,  to  be 
recovered  in  a  civil  action  by  the  said  Board  of  Police,  in  the 
name  of  the  State ;  and  to  a  penalty  of  one  thousand  dollars 
for  refusing  a  legal  vote  as  aforesaid,  to  be  recovered  in  a 
civil  action,  in  any  court  of  competent  jurisdiction,  by  the 
person  whose  vote  shall  have  been  refused  as  aforesaid. 

p  L.  L.,  art.  4,      22.     If  auy  person  shall  prevent  or  hinder,  or  attempt,  or 
PetiHity  for  pre-  couspire  witli  any  other  person  or  persons  to  prevent  or  hin- 

venting  legal  or  ....  /v>  •         i 

procurins  iiie-    (Jer  anv  voter  from  exercising   his  right  of  suffrage  in  the 

gal  voting.  -  o  o  D 

city  of  Baltimore,  by  threat,  intimidation,  violence,  or  any 
other  unlawful  means,  whether  before  or  during  election 
time,  or  shall  detain  or  imprison  any  person  or  persons  with 
the  view  or  intent  of  causing,  procuring  or  forcing  such  per- 
son or  persons  to  vote  illegally,  or  against  his  or  their  will, 
or  under  compulsion,  in  any  precinct  in  said  city,  jsuch  per- 
son so  offending,  and  every  person  who  shall  be  guilty  of 
For  votin;  iiie-  wilfully  votiug  or  offering  to  vote  illegally,  or  causing  or 

gaily. 

procuring  any  other  person  to  vote  illegally,  in  any  precinct 
of  the  said  city,  shall,  on  conviction  thereof,  be  adjudged 
guilty  of  felony,  and  be  sentenced  to  not  less  than  two,  nor 
more  than  six  years  imprisonment  in  the  penitentiary  ;  and 
Repeating.  j^  shall  bc  dccmed  illegal  within  the  meaning  of  this  article, 
to  vote  or  offer  to  vote  in  mor^  than  one  precinct,  or  more 
than  once  in  any  precinct,  at  any  election,  or  without  be- 
ing constitutionally  or  legally  qualified,  or  in  violation  of  the 
Constitution,  or  of  this  article,  or  of  any  other  law  ;  and  all 
acts  made  punishable  under  article  thirty-five  of  the  Code  of 
Public  General  Laws,  when  committed  within  or  with  re- 
ference to  any  election  district  or  districts  of  any  county,  are 


Elections.  261 

Article  XVII.— Statutes. 


liereby  declared  to  be  illegal  when  committed  within  or  in 
reference  to  any  election  precinct  or  precincts  aforesaid. 

23.     Any  two  or  more  persons  who  shall,  during  any  elec-  ibid,  sec.  2:24. 
tion  in  the  city  of  Baltimore,  assemble,  consiiire  or  combine  Penalty  for  con 

"  spiring  to  pre- 

together  for  the  purpose  of  driving  any  voter  or  voters  from  "^"^^^^fi^'^^^ 
the  polls,  or  preventing,  or  obstructing,  or  beating,  injuring,  """'"s- 
or  intimidating  any  voter  or  voters  in  coming  to  or  returning 


from  the  polls  ;  and  any  person  or  persons  who  shall  assault,  For  assaulting 

^  '  ■'    *■  '^  or  intimidating 

wound,  beat  or  otherwise  maltreat  or  injure,  or  shall  offer  to  voters. 
maltreat  or  injure,  or  shall  by  menace  or  violence,  or  other- 
wise, intimidate,  overawe,  or  control  any  voter  while  at  the 
polls,  or  going  to  or  returning  from  the  same  ;  and  any  per- 
son or  persons  who  shall  wilfully  destroy  or  mutilate,  or  at-  ^^l^^jf^^^^y^^Sj 
tempt  to  destroy  or  mutilate,  any  ballot  that  may  have  been  ^oxes. 
deposited  in  any  ballot-box,  or  in  any  box  for  rejected  bal- 
lots, in  said  city,  or  any  election  returns,  clerk's  book,  tally 
list,  poll  book,  list  of  voters,  or  certificate  of  election,  or  who 
shall  steal  or  destroy,  or  attempt  to  steal  or  destroy,  any  box 
or  boxes  aforementioned,  or  withdraw,  or  attempt  to  with- 
draw, therefrom  illegally  any  ballot  or  ballots  which  may 
have  been  deposited  therein,  or  attempt  or  commit  any  '^^O' J^,"Jg^*°i^^',«^*° 
lence  against  any  person  or  persons  having  lawful  charge  of 
the  same,  or  against  any  judge  or  clerk  of  election  in  the  dis- 
charge of  his  duty  as  such  ;  or  who  shall  forcibly  resist  the 
execution  of  any  lawful  order  of  any  judge  or  judges  of  elec- 
tion under  the  provisions  of  this  article,  or  of  any  other  law, 
or  shall  on  election  day,  or  while  the  returns  of  any  election 
are  being  made  up,  forcibly  resist  any  policeman  or  peace  ror^resisting  of- 
officer  in  the  discharge  of  his  duty  at  or  about  the  polls,  or 
under  this  article,  or  shall  forcibly  resist  any  private  citizen 
acting  lawfully  under  the  lawful  order  of  any  judge  of  elec- 
tion given  in  conformity  with  this  article,  or  any  other  law, 
for  the  purpose  of  securing  the  peace  and  freedom  of  any 
election  in  said  city  ;  or  shall  seize,  take,  steal,  mutilate,  or 


262  Ele(3tions. 

Article  XVII.— Statutes. 


For  destroying  destrov  the  natuialization  papers,  or  certificate,  or  written 

naturalization 

papers.  evidencc  of  naturalization  of  any  naturalized  voter,  or  at- 

tempt so  to  do  either  at  or  near  the  polls,  or  while  tlie  said 
voter  shall  he  proceeding  thereto  or  returning  therefrom, 
shall  he  deemed  guilty  of  felony,  and  he  sentenced,  upon 
conviction  thereof,  to  confinement  in  the  penitentiary  for 
not  less  than  three  nor  more  than  six  years. 

Ibid,  sec.  225.         24.     If  the  Said  Board  of  Police  shall  have  reason  to  he- 
Power  to  seize   licvc  that  iu  the  neiglihoihood  of  any  election  polls  in  the 

arms. 

said  city  or  elsewhere,  within  any  election  precinct  of  the 
same,  there  is  any  depot  or  collection  of  fire  arms  or  other 
weapons  or  ammunition  intended  to  he  used  for  the  purpose 
of  intimidating  or  injuring  voters,  or  interfering  with  the 
freedom  or  peace  of  any  election  then  pending  or  approach- 
ing, it  shall  he  the  duty  of  the  said  hoard  to  apply  to  the 
Criminal  Court,  or  some  justice  of  the  peace  of  said  city, 
for  a  warrant,  on  proper  oath,  to  search  the  premises,  and 
the  said  court  or  justice  shall  issue  the  same  without  delay, 
and  shall  cause  the  said  arms,  weapons  and  ammunition,  if 
found,  to  he  seized  and  delivered  to  said  board,  to  he  de- 
tained until  the  day  after  the  returns  of  said  election  shall 
have  been  made,  and  until  the  same  shall  be  disposed  of  by 
law. 

Ibid,  sec. 22C.         25.     Notliing  contained  in  this  article  shall  be  construed 
Powers  of  Board  to  dcprivc  the  Said  Board  of  Police  of  any  police  powers,  or 

of  Police  saved.  .  ,,.. 

relieve  them  from  any  obligations  imposed  upon  them  by 
Article  XXXVIII,  relating  to  the  Board  of  Police,  and 
prescribing  their  powers  and  duties  ;  but  the  said  Board 
of  Police  may  either  carry  out  the  orders  of  said  judges  of 
election,  or  themselves  take'  command  and  control,  if  they 
deem  necessary,  of  the  persons  and  officers,  and  assume  the 
conduct  of  the  measures  which  may  be  required  to  promote 
the  purposes  of  the  preceding  sections  of  this  article  re- 
lating to  elections,  and  the  security  of  the  elective  franchise. 


Elections.  263 

Article  XVII. — Statutes. 


26,  The  provisions  of   the  preceeding  sections  of   this  ise;,  c.  141. 
article  shall  apply  to  all  elections  in  the  city  of  Baltimore,  how  afore  pro- 
whether  federal  or  State,  or  municipal,  and  all  elections  to  to  elections  in 

'■  Baltimore. 

take  place  hereafter  in  the  city  of  Baltimore,  shall  be  by 
ballot,  and  shall  be  held  and  proceed,  and  the  returns 
thereof  made  in  conformity  with  the  provisions  of  Article 
thirty-five  of  the  Public  General  Laws,  except  in  so  far  as 
the  same  may  be  modified  by  the  provisions  of  this  article, 
and  no  election  to  be  held  in  the  city  of  Baltimore,  whether 
federal,  State  or  municipal,  shall  be  valid  unless  held  under  Federal. state 

and  municipal 

and  in  conformity  with  the  provisions  of  this  article,  and  elections, 
under  and  subject  to  the  provisions  of  the  article  establish- 
ing a  permanent  police  in  the  city  of  "Baltimore,  and  Board  of  Police, 
defining  and  enforcing  its  powers  and  duties,  and  under  and 
subject  to  the  control  and  command  as  to  all  i)oUce  purposes 
of  said  Board  of  Police ;  and  no  judge  of  any  court  in 
this  State  shall  have  or  exercise  the  power  of  preventing 
or  delaying  the  qualification  of  any  Mayor  or  member  of 
the  City  Council,  or  the  exercise  and  performance  of  their 
official  duties  by  injunction,  recognizance  or  any  other  pro- 
ceeding.* 

27.  No  election  to  be  held  under  the  provision  of  this  r^l.^ l  ,  art.  4, 
article,  and  which  shall  be  otherwise  valid,  shall  be  held  want  of  notice 

'  not  to  invali- 

invalid  because  ot  any  failure  of  the  said  Board  of  Police,  or  date  election. 
the  said  judges,  to  make  the  advertisements  hereinbefore 
reipiired,  or  because  of  any  disqualification  or  want  of  quali- 
fication of  any  judge  or  judges  of  election,  or  any  member 
of  said  board  ;  provided,  however,  that  any  wilful  failure  or  p^o^iso. 
neglect  of  said  board  or  the  said  judges  to  make  the  said 
advertisement,  or  of  the  said  board  to  appoint  properly 
qualified  judges,  whether  in  the  stead  of  any  so  disqualified 

*  As  to  Registration  of  Voters,  see  1876,  c.  249,  and  1878,  c.  353 ;  Hardesty  v. 
Taft,  33  Md.  526 ;  Aiiderson  v.  Baker,  Ibid,  615.    33  Md.  142. 


264  Elections. 

Article  XVII. — Ordinances. 


or  otherwise,  shall  be  held  and  taken  to  be  a  misdemeanor, 
and  shall  be  punishable  by  fine  in  the  discretion  of  the  court, 
on  conviction  thereof  in  a  court  of  competent  jurisdiction. 

ORDINANCES  . 

No. 93,  Oct.  11,       1,     The  judges  of  elections  for  municipal  officers,   are 
Returns  of        hereby  required  to  make  return  and  deposit  their  polls  with 

judges.  »>  ±  L  L 

the  Register  of  the  City  in  the  time  prescribed  in  section  19 
of  Art.  4  of  Public  Local  LaAvs,  (sec.  20,  statutes  of  Ar- 
ticle I,  p.  13,  ante.) 

No.2,s.i,R.o.      2.     If  any  person  at  any  election  hereafter  held  for  any 
Penalty  for  nie- corporation  purposes,  having  voted  once,  shall  offer  to  vote 

gal  voting. 

again  in  any  precinct  of  the  same  ward,  he  shall  be  subject 
to  a  penalty  of  ten  dollars  for  such  offence  ;  and  if  any  per- 
son shall  offer  to  vote  in  any  name  not  his  own,  or  in  place 
of  any  other  person  of  the  same  name,  or  shall  t)ffer  to  vote 
in  any  precinct  of  any  ward,  in  which  he  does  not  reside,  or 
residing  out  of  the  city,  shall  offer  to  vote  at  any  such  elec- 
tion, he  shall  forfeit  twenty  dollars ;  and  in  either  case,  it 
shall  be  the  duty  of  the  judges  of  election  to  cause  his  im- 
mediate arrest. 

Ibid,  S.2.  3.     In  case  of  any  vacancy  happening  in  the  Council,*  the 

Vacancy  in  City  Mayor  is  hereby  authorized  and  directed  immediately  to 
notify  the  sheriff,  who  shall  proceed  as  he  is  required  by 
law  in  cases  of  special  elections;  and  who  shall  give  ten 
days  public  notice  previous  to  said  election,  of  the  time 
and  place  in  the  ward  in  which  such  vacancy  occurs  of  hold- 
ing such  election. 

*  See  sec.  19,  Art.  1,  p.  13  and  p.  259.  ante. 


Elections.  265 

Article  XVII. — Ordinances. 


4.     All   tlie  fines  and  forfeitures  imposed  by  the  second  ibid,  s.  4. 
section  of  this  ordinance  shall  be  for  the  use  of  the  City.  *     Fines  and  for- 

leitures. 

*  See  sec.  7,  of  Article  XIX,  Fines  and  Forfeitures. 

Note. — A.  being  an  aspirant  for  nomination  to  the  City  Council,  B.  agreed 
wltli  C,  a  person  claiming  to  have  influence  with  the  German  voters  of  the 
ward,  to  secure  the  nomination  of  A.  at  a  primary  election.  Under  this  con- 
tract C.  did  use  his  influence  as  agreed  on,  and  also  supplied,  on  the  order  of  B., 
the  German  voters  with  beer  and  cigars.  The  nomination,  however,  was  not 
obtained,  and  B.  refused  to  pay  for  the  refreshments;  suit  was  brought  by  C. 
against  B.,  and  on  the  trial  in  the  City  Court,  July  16, 1872,  Brown,  C.  J.  held 
that  the  contract  was  against  public  policy  and  consequently  void:  and  that 
the  principle  of  law  governing  such  cases  was  as  applicable  to  primary  as 
to  legal  elections ;  each  party  was  adjudged  to  pay  his  own  costs. 

On  a  case  of  contested  Mayoralty  election  in  tiie  Superior  Court  of  Balti- 
more City,  under  sees.  53  anil  54  of  Art.  35,  P.  G.  L.,  it  was  held  :  That  the 
jurisdiction  of  the  Superior  Court,  in  cases  of  this  kind,  is  a  special  and  ex- 
clusive jurisdiction,  and  there  being  no  provision  by  th(!  law  for  the  right  of 
appeal,  its  judgment  in  the  premises  is  final  and  conclusive.  Warfield  v. 
Latrobe,  46  Md.  123. 


266  Ferries. 

Article  XVIII.— Statutes. 


ARTICLE  XVill. 

FERRIES. 


STATUTES 


1.  Powers  to  Broadway  and  Locust 

Point  Steam  Ferry  Companj'' : 
wharf  at  foot  of  Broadway. 

2.  Wharf  at  foot  of  Haubert  street. 

3.  All  other  ferryboats  excluded: 

penalty. 


4.  Gates  and  ticket  houses. 

5.  Ferry  boats :  hours  of  running. 

6.  Rates  of  fare. 

7.  Who  to  pass  free. 


STATUTES. 

1867,  c.  187, s.  2.      1.     TliG  Broficlway  aiid  Locust  Point  Steam  Ferry  Com- 

Powera.  pany  of  Maryland*  is  created  to  establish   a  steam  ferry, 

suitable  to  transport  passengers,  goods,  wagons,  carriages, 

live  stock,  or  any  other  transportable  article  across,  over 

*The  Broadway  and  Locust'Point  Steam  Ferry  Company  of  Maryland, 
was  incorporated  by  act  of  1868,  c.  187,  with  the  usual  powers  and  limita- 
tions. Its  charter  was  extended  by  the  act  of  1876,  c.  301,  on  condition  that 
the  company  places  on  the  line  two  new  steam  ferry  boats  within  four  and 
nine  years  from  date  of  act. 

The  act  of  1868,  c.  187,  incorporating  the  Broadway  and  Locust  Point 
Ferry  company,  after  conferring  general  ferry  rights,  authorized  and  em- 
powered the  Company  "  to  hold  and  use  as  a  wharf  or  landing  for  the  use 
of  said  ferry,  the  end  of  the  wharf  commonly  known  as  the  county  wharf, 
together  with  a  right  of  way  in  common  with  otliers,  tlirough  the  centre  of 
said  wharf,  of  the  width  of  ten  feet,  as  a  thoroughfare  for  travel  to  and  from 
the  end  of  said  wharf."  It  also  imposed  certain  conditions,  upon  the  per- 
formance of  which,  by  the  company,  the  privileges  conferred  by  the  act 
were  made  to  depend.  Held  :  That  the  act  of  incorporation  was  constitu- 
tional and  valid,  and  conferred  upon  the  company  the  exclusive  right  to 
hold  and  use  the  end  of  the  wharf  for  ferry  purposes.  B.&L.  P.  F.  (Jo.  ®. 
Eankey,  31  Md.  346. 


Feeeies.  267 

Article  XVIII— Statutes. 


and  within  the  hatbpr  of  Baltimore,  and  the  said  corpora- 
tion is  hereby  made  capable  of  erecting  wharves,  buildings, 
or  any  other  contrivances  necessary  or  convenient  for  the 
conduct  of  the  business  of  the  ferry,  for  which  purpose  the 
said  corporation  is  authorized  to  purchase,  hold,  sell,  rent 
or  lease  land.  And  the  said  company  is  hereby  authorized 
and  empowered  to  bold  and  use  as  a  wharf  or  landing,  for 
the  use  of  said  ferry,  the  end  of  the  wharf  commonly  known 
as  the  County  wharf,  together  with  a  right  of  way  in  com-  county  wharf, 
mon  with  others,  tbrough  the  centre  of  the  said  wharf,  of 
the  width  of  ten  feet,  as  a  thoroughfare  for  travel  to  and 
from  the  end  of  said  wharf;  and  all  the  remainder  of  the 
border  sides  and  suiface  of  tlie  said  wharf,  except  the  end 
and  right  of  way  hereby  granted,  shall  be  and  the  same  is 
hereby  reserved  exclusively  for  the  landing  of  such  fruits,  Reservation. 
vegetables,  and  other  agricultural  products  as  may  be 
brought  from  the  counties  to  the  city  of  Baltimore  for  sale 
or  otherwise. 

2.  The  said  corporation  is  hereby  authorized  and  empow-  i87o,c.43g. 
ered  to  occupy  and  use  the  wharf  at  the  foot  of  Haubert  street,  Exclusive  right 

^  •'  1  />       '"  "•''^  wharf  in 

in  the  city  of  Baltimore,  as  a   wharf  or  landing  place  for  b^&  l.p.s.f. 
the  ferry  boats  of  said  company,  in  exclusion  of  all  other 
steam  ferry  boats  plying  in  the  harbor  of  said  city. 

3.  It  shall  not  be  lawful  for  any  steam  ferry  boat,  other  ibid,  s  2. 
than  one  of  those  belonging    to  the   said  Broadway  and  Au^other^J^^y 
Locust  Point  Steam   Ferry  Company  of  Maryland,  to  land 

at,  or  use  either  of  the  sides  or  the  end  of  said  wharf  at  the 
foot  of  Haubert  street,  nor  the  end  or  either  of  the  sides  of 


Ords.  No.  3,  Feb.  8,  '62,  No.  65,  May  13,  '64,  No.  5,  Nov.  11,  '64,  were 
impliedly  repealed  by  act  of  1868,  c.  187.  See  ffankey  v.  Abrahams,  28  Md. 
588  Ord  No  172,  May  28,  '01,  authorized  the  City  Block  Ferry  and  Tow- 
ing Company  to  run  a  steam  ferry  boat  from  end  of  West  Falls  avenue  to 
Great  Hughes  street.  The  Locust  Point  Steam  Ferry  Company  of  Mary- 
land was  incorporated  by  acts  of  1849,  c.  34,  and  1852,  c.  161. 


268  Ferries. 

Article  XVIII.— Statutes. 


the  wharf  at  the  foot  of  Broadway  mentioned,  in  the 
first  section  of  this  article  ;  and  any  and  every  person  or  per- 
sons in  charge,  control  or  command  of  any  steam  ferry  hoat, 
other  than  a  boat  belonging  to  the  said  company,  who  shall 
use,  or  attempt  to  use,  the  ends  or  either  of  the  sides,  or 
any  part  of  the  wharves  mentioned,  for  a  landing  place  or 
wharf  for  the  steam  ferry  boat  so  in  his  or  their  charge, 
control  or  command,  shall  each  be  subject  to,  and  shall  pay 
Penalty.  a  fine  of  twcnty-fivc  dollars  for  each  and  every  time  the  said 

steam  ferry  boat  so  in  charge,  control  or  command  of  such 
person  shall  touch  at  eitber  of  the  wharves  aforesaid, 
which  fines  shall  be  enforceable  and  collectable,  according 
to  the  provisions  of  the  fortieth  article  of  the  Code  of  Pub- 
lic General  Laws  of  Maryland,  [p.  270,  j^o.si!.] 

Ibid,  s.  4.  4.     The  said  company  is  hereby  authorized  to  erect  gates 

Gates  and  ticket  and  ticket  houscs  ou  the  wharves  at  the  foot  of  Broadway'' 

bouses. 

and  Haubert  street  in  said  city  of  Baltimore. 
1868, c.  187,  s.  3 ;      5      Tlic  Said  corporation    shall  keep  and  run  on   their 

1870,  c.  436,  s.  3.  ^  ^ 

Ferryboats.  ferry  routcs  two  good  and  substantial  steam  ferry  boats, 
staunch  and  seaworthy,  and  supplied  according  to  the  law 
in  such  cases  made  and  provided  ;  and  the  said  corporation 
shall  so  manage  the  said  ferry  as  that  one  of  their  ferry 
boats  shall  leave  each  end  of  said  ferry  at  least  every  ten 

Hoursof  run-    minutcs,  between  the  hours  of  six  o'clock  A.  M.  and  eight 

ning.  _  " 

o'clock  p.  M. ,  and  at  intervals  of  twenty-five  minutes  between 
the  hours  of  eight  o'clock  P.  M.  and  twelve  o'clock  midnight. 

1868,  c.  187,  s. 4,  fi.  The  Said  corporation  shall  not  charge  any  greater 
Rates  of  fare,  sums  than  are  contained  in  the  following  scale  of  prices,  to 
wit :  For  one  passenger,  five'  cents ;  for  one  horse,  mule  or 
ass,  and  rider  or  driver,  ten  cents  ;  for  one  cow  and  driver, 
ten  cents  ;  for  every  swine,  three  cents  ;  for  every  sheep,  two 
cents;  for  every  calf,  two  cents;  for  every  heifer,  three 
cents  ;  for  one  horse,  cart  and  driver,  fifteen  cents  ;  for  two 


Ferries.  269 

Article  XVIII.— Statutes. 


horses,  cart  and  driver,  eighteen  cents  ;  fur  one  horse,  wagon 
and  driver,  fifteen  cents  ;  for  two  horses,  wagon  and  driver, 
eighteen  cents  ;  for  every  additional  horse  to  those  above 
enumerated  liarncssed  to  a  wagon  or  cart,  three  cents  ;  for 
every  two  seated  carriage  and  two  horses,  fifteen  cents  ;  for 
every  four  seated  carriage  and  one  horse,  twelve  cents  ;  for 
every  four  seated  carriage  and  two  horses,  twenty  cents ;  for 
every  additional  horse  to  those  above  enumerated,  harnessed 
to  a  carriage,  five  cents ;  for  one  lumber  wagon  and  one 
horse  or  two  horses,  twenty-five  cents. 

7.     The   firemen  in  actual  discharge  of  their  duties,  to- ibid,s.  5. 
gether    with    their    apparatus,   accoutrements   and    horses,  who  to  pass 
police  ofHcers  in  the  actual  discharge  of  tlieir  duties,  and  all 
funerals,  shall  pass  free. 


270 


Fines  and  Forfeitoijes. 


Article  XIX. — Statutes. 


ARTICLE  XIX. 


FINES  AND    FORFEITURES. 


STATUTES . 


1.  H(iw  collected  under  ordinances. 

3.  Eiglit  of  appeal. 

3.  When  suits  in  court  to  be  tried. 

4.  Fines  to  whom  payaljle. 


5.  Dispensaries. 

6.  No  security  to  be  taken  for  pay- 

ment of  tines  and  costs :  person 
to  be  committed  :  provisos. 


ORDINANCES 


1.    City  officers  to  commence  suits 

before  justices. 
3.    Suits :  officers  to  report  to  Mayor. 

3.  Register  to  pay  costs. 

4.  Mayor  to   make  compensation : 

Register  to  pay  :  statement. 

5.  Mayor  to  take  measures  to  re- 

cover   money    from    justices, 
&c. 

6.  When  informer  to  pay  costs. 


10. 


Informer  not  entitled  to  any  part 
of  fine  or  penalty. 

Superseded  judgments  of  jus- 
tices: copies  to  be  filed  with 
Register. 

When  Mayor  may  remit  fines : 
proviso :  list  of  fines  reriiitted, 
for  Register. 

When  to  pay  costs  and  jail 
charges. 


STATUTES. 

p  L.,  L.,  art.  4,      1.     AH  fines,  penalties  and  forfeitures  imposed  by  tlie  or- 
Howcoiiected    dinances  of  the  city,  if  not  exceedinj;  one  hundred  dollars, 

under  ordinan-  ° 

'=^*-  shall  be  recovered  before  a  justice  of  the  peace  as  small 

debts  are,  and  if  any  fine,  penalty  and  forfeiture  exceed  the 
sum  of  one  hundred  dollars,  it  shall  be  recovered  by  action 
of  debt  in  the  name  of  the  corporation  in  the  Criminal  Court 
of  Baltimore.* 


*  Art.  40,  of  P.  G.  L.  is  as  follows  : 

1.    All  fines,  penalties  and  forfeitures,  where  the  law  imposing  them  does 
not  prescribe  the  mode  of  collecting  or  enforcing  them,  shall  be  collected  as 


Fines  and  Forfeitures.  271 

Article  XIX.— Statutes. 

2.  An  appeal  shall  lie  from  the  judgment  of  a  justice  of  iwa, sec. 230. 
the  peace  imposing  any  fine,  penalty  or  forfeiture,  under  the  Right  of  appeal. 
ordinances  of  the  corporation  to  Baltimore  City  Court,  and 
shall  be  heard  and  decided  at  the  session  of  the  court  next 
succeeding  the  appeal,  unless  the  court  shall  then  be  in 
session,  in  wliich  case  the  appeal  shall  he  heard  and  decided 
at  that  session,  unless  the  court,  in  its  discretion,  shall  grant 
a  continuance. 

follows:  II'  not  exceeding  one  hundred  dollars,  by  action  of  debt  in  the 
nanie  of  the  State  before  a  justice  of  the  ])eace  ;  if  exceeding  one  hundred 
dollars,  by  action  of  debt  in  the  name  of  the  State  in  the  Circuit  Court  for 
the  county  where  the  offence  was  committed  ;  or  if  in  tlie  city  of  Baltimore, 
in  the  Baltimore  City  Court;  or  if  the  fine,  penalty  or  forfeiture  exceeds 
twenty  dollars,  the  same  may  be  collected  and  enforced  by  indictment  in 
the  court  having  criminal  jurisdiction  in  the  county  or  city  where  the  offence 
was  committed. 

2.  No  person  shall  be  liable  to  an  action  of  debt  and  to  au  indictment 
f(jr  the  same  offence,  but  whichever  preceding  is  first  instituted  shall  be 
prosecuted  and  the  other  abandoned. 

3.  All  fines,  penalties  and  forfeitures,  when  recovered,  shall  be  paid  to 
the  county  or  city  where  the  same  may  be  imposed,  unless  directed  to  be 
paid  otherwise  by  the  law  imposing  them;  but  if  there  be  an  informer,  he 
shall  have  half,  unless  otherwi.se  provided;  this  section  not  to  apply  to  fines 
or  forfeitures  for  offences  at  common  law. 

The  act  of  1874,  c.  59,  adds  the  following  section  to  Article  40,  P.  G.  L. : 
Any  person  who  shall  or  may  hereafter  be  committed  to  jail  by  the  judg- 
ment of  any  court  of  justice,  or  by  any  justice  of  the  peace  of  this  State, 
for  non-payment  of  any  fine  and  costs  not  exceeding  the  sum  of  fifty  dol- 
lars, who  shall  have  remained  in  custody  as  aforesaid  for  the  space  of  thirty 
days;  or  any  person  who  shall  or  may  hereafter  be  committed  to  jail  in 
manner  aforesaid,  for  non-payment  of  any  fine  and  costs  above  fifty,  and 
not  exceeding  one  hundred  and  fifty  dollars,  who  shall  have  remained  in 
custody  aforesaid  for  the  space  of  sixty  days,  shall  be  discharged  from 
further  imprisonment  on  account  of  said  fine  and  costs ;  provided,  such 
person  shall  prove,  to  the  satisfaction  of  the  court  imposing  said  fine  and 
costs,  or  any  judge  thereof,  or  justice  of  the  peace,  as  the  case  may  be,  that 
he  or  she  is  unable  to  pay  said  fine  and  costs. 

The  term  "  debt"  in  that  clause  of  the  Const.,  Art.  3,  sec.  38,  which  pro- 
vided that  "  no  person  shall  be  imprisoned  for  debt,"  does  not  embrace  fines 
or  penalties  imposed  by  courts  for  a  breach  of  the  peace  or  the  commission 


272  Fines  and  Forfeituees. 


Article  XIX. — Statutes. 


Ibid,  sec.  231.         3.     All   suits  in  the  Criminal  Court  for  fines,  penalties 
When  suits  in  and  forfeitures  under  the  ordinances  of  the  city,  shall  stand 

court  to  be  tried.  ''  ' 

for  trial  at  the  first  session  of  the  court  to  which  they  are 
hrought,  and  in  the  event  of  an  appeal  to  the  Court  of  Ap- 
peals in  any  such  cause,  the  same  shall  stand  for  argument 
at  the  term  to  which  the  appeal  is  taken. 

Ibid, sec. a.ia.         4.     One-half  of  all  fines  adjudged  by  and  accruing  in  the 
Fines,  to  whom  Criminal  Court  of  Baltimore,  (except  those  mentioned  in  the 

payable.  .  .      i   •  •    i 

next  succeeeding  section  oi  this  article,)  when  secured  by 
the  Sheriff  of  Baltimore  City,  shall  be  paid  to  the  Mayor 
and  City  Council  of  Baltimore ;  and  out  of  said  fines,  the 
judge  of  said  court  may  order  and  direct  to  be  paid  to  the 
States' s  Attorney  for  said  city,  such  additional  fees,  in  cases 
of  extraordinary  duration  and  trouble,  as  he  may  deem  just 
and  reasonable ;  but  this  section  shall  not  have  any  eff"ect 
upon  the  rights  of  informers. 

Ibid,  sec.  233.         5.     All  fiucs  imposcd  by  said  court  on  persons  convicted 
Dispensaries,     of  keeping  houscs  of  ill  fame  shall  be  divided  equally  be- 
tween such  Dispensaries  of  said  city  as  shall  have  had  under 
their  charge  during  the  year  preceding  at  least  fifteen  hun- 
dred patients. 


of  a  crime.    State  v.  Mace,  5  Md.  337 ;  Day  v.  The  State,  7  Gill,  332 ;  Broad- 
bent  V.  Tlis  State,  7  Md.  249. 

Where  a  party  was  indicted  under  the  act  of  1817,  c.  327,  [P.  L.  L.,  Art.  2, 
sec.  115  ;  Art.  5,  sec.  33 ;  Art.  9,  sec.  53 ;  Art.  16,  sec.  79 ;  Art.  18,  sec.  61,]  it 
was  no  objection  to  the  judgment,  of  which  the  traverser  could  avail  him- 
self, that  it  adjudged 'the  fine  to  the  State,  and  did  not  award  the  one-half 
to  the  informer,  as  prescribed  by  the  act.  Rawlings  v.  The  State,  2  Md.  201, 
and  1  Md.  127. 

Sec.  21  of  Art.  48,  of  P.  G.  L.,  entitled  Insolvents,  provides  that,  that 
article  is  not  to  apply  to  fines  and  forfeitures  for  violating  the  laws  of  this 
State,  or  the  ordinances  of  any  municipal  corporation,  but  any  person  im- 
prisoned for  thirty  days,  for  not  paying  a  fine  or  forfeiture  not  exceeding 
fifty  dollars,  or  ibr  sixty  days  when  the  fine  exceeds  fifty  dollars,  may  peti- 
tion and  be  released  from  such  fines  as  if  they  were  common  debts. 


Fines  and  Foefeitures.  273 


Article  XIX.— Statutes. 


6.  No  person  shall  hereafter  be  allowed  to  give  security  ibid,  sec.  234. 
for  the  payment  of  any  fine  and  costs  imposed  by  the  Crimi-  no  security  to 
nal  Court  of  Baltimore^,  but  any  person  who  shall  be  sen- mem  of  fines 

,  and  costs. 

tenced  by  the  court  to  the  payment  of  any  fine  and  costs  Persons  to  be 
shall  stand  committed  until  they  are  paid  ;  provided,  that  Proviso. 
if  sucli  fine  and  costs  are  less  than  ten  dollars,  the  person 
so  sentenced  shall  be  discharged  from  custody  at  the  end  of 
thirty  days  from  the  date  of  their  imposition,  if  no  im- 
prisonment has  also  been  ordered  by  the  court,  or  at  the 
end  of  thirty  days  from  the  expiration  of  the  time  for  which 
said  person  shall  have  been  ordered  to  be  imprisoned,  upon 
sufficient  proof  shown  to  the  court  that  the  person  imprisoned 
is  unable  to  pay  the  said  fine  and  costs  ;  and  provided  also,  Proviso, 
that  if  the  said  fine  and  costs  are  more  than  ten  and  less  than 
fifty  dollars,  the  person  so  imprisoned  shall  be  discharged 
from  custody  at  the  end  of  sixty  days  from  the  imposition 
thereof,  if  no  imprisonment  be  ordered  by  the  court,  or  at 
tlie  end  of  sixty  days  from  and  after  the  expiration  of  the 
time  for  which  said  person  has  been  ordered  to  be  impris- 
oned, on  proof  shown  of  his  inability  to  pay  said  fine  and 
costs  ;  and  provided  also^  that  if  the  said  fine  and  costs  ex-  proviso. 
ceed  the  sum  of  fifty  dollars,  the  person  so  imprisoned  shall 
be  discharged  from  custody  at  the  end  of  six  months  from 
the  imposition  thereof,  or  from  the  expiration  of  the  term 
for  which  he  was  ordered  to  be  imprisoned,  on  proof  shown 
of  his  inability  to  pay. 


Note.— In  City  Court,  Dec.  10, 1874.  SpeUeser  v.  Mayor,  &c.,  Brown,  C.  J. 
When  one  is  arrested  and  brought  before  a  justice  on  a  warrant  for  a  crimi- 
nal violation  of  an  ordinance,  the  justice  cannot  give  judgment  against  him 
for  the  penalty,  which  should  be  recovered  by  action  of  debt.  In  this  case, 
Spelleser  was  arrested  on  warrant  for  using  altered  and  condemned  scales.con- 
trary  to  section  31  of  art.  XXVIII.  When  he  was  brought  before  the  justice, 
judgment  was  entered  against  him  for  $20  fine,  and  $1.40  costs,  in  favor  of 
Mayor,  &c.  The  defendant  appealed,  judgment  was  reversed  and  judgment 
of  n<m  pros,  entered  on  the  ground  that  there  should  have  been  a  proceed- 
ing by  the  City  in  an  action  of  debt,  and  not  an  arrest  on  a  warrant  for  a 
criminal  offence. 


274 


Fines  and  Forfeitures. 


Article  XIX. — Ordinances. 


ORDINANCES. 

No  71,  s.ii,         1.     Any  officer  of  the  city  shall  have  full  power  and  au- 

May  18, '64.  .  ,     .  .  to  •       a.-  i'   i.U 

City  officers  to   thofity  to  commencG  and  institute  before  a  justice  oi  tne 

commence   suit  .  .  .       ,,  /•    ,  i   •  i.*  j. 

before  justices,  peace  any  writ  or  action  in  the  name  ot  tliis  corporation  to 
recover  any  penalty  or  penalties  incurred  by  the  violation  of 
any  ordinances  of  this  city.* 

Ibid,  s.  12.  2.     It  shall  be  tlie  duty  of  every  officer  of  the  city,  who 

Suits.  shall  cause  any  suit  to  be  instituted  for  the  recovery  of  any 

fine,  penalty  or  forfeiture,  if  there  should  be  a  verdict  or 

officersreport    judgment  for  the  defendant,  to  make  a  report  thereof  to  the 

to  Mayor.  j?      ii     i 

Mayor  in  writing,  including  in  the  report  the  names  oi  all  tlie 
witnesses  in  the  case,  and  to  file  a  list  of  the  names  of  the 
witnesses  among  the  papers  in  the  cause,  should  an  appeal  be 
taken. 


Ibid,  s.  14. 

Register  to  pay 
costs. 


Ibid,  8.  15. 


Mayor  to  make 
compensation. 


Register  to  pay. 


Statement. 


Ibid,  s.  16. 

Mayor  to  take 
measure  to  re- 
cover money 
from  justices, 
&c. 


3.  The  Register  is  hereby  authorized  to  pay  to  any  officer 
of  the  city,  any  sura  of  money  for  costs  incurred,  and  paid  by 
such  officer  in  any  suit  for  a  breach  of  any  ordinance,  when 
required  by  the  Mayor. 

4.  The  Mayor  is  hereby  authorized  to  make  any  officer  of 
the  city  an  allowance,  by  way  of  compensation,  for  his  trouble 
in  enforcing  the  ordinances  of  the  city,  out  of  any  fines  or 
penalties  which  may  hereafter  be  recovered  and  received  ;  and 
the  Register  is  hereby  directed  to  pay  the  said  allowance  out  of 
the  said  fines  and  penalties;  and  the  Mayor  shall  annually  lay 
before  the  City  Council  a  statement  of  the  amount  so  allowed 
by  him  to  the  several  officers  of  the  city. 

5.  In  all  cases  where  money  due  or  payable  to  the  corpo- 
ration has  been  or  shall  be  received  by  a  justice  of  the  peace, 
or  other  officer,  who  shall  neglect  or  refuse  to  pay  over  such 
money  to  the  proper  officer  of  the  city,  the  Mayor  shall  take 


*  See  Art.  XIII,  Counselor  and  Solicitor. 


FiNE8  AND  Forfeitures.  275 


Article  XIX.— Ordinances. 


speedy  measures  to  recover  the  same,  and  also  make  a  pre- 
sentation of  such  conduct  to  the  grand  jury,  or  to  the  proper 
authority  under  which  such  officer  may  hold  his  appointment. 

6.  In  all  cases  of  information  before  any  iustice  of  the  no.  7i,s.  n, 

.:  .    1       .  .  ,.  May  18, '61. 

peace,  tor  any  violation  ot  any  ordinance,  where  there  shall  whcu  informer 
1         .   J  ,     ..  .      ,     .   ,.  •,         '°  p*y  costs. 

be  a  judgment  ot  7ion  pros,  or  non  suit^  the  informer,  and  not 

this  corporation,  shall  be  liable  for  the  costs  of  the  prosecution. 

7.  No  informer  shall  be  entitled  to  any  portion  of  any  fine  no.  36,  Mar.  24, 
or  penalty  imposed  by  virtue  of  axxj  ordinance  of  the  Mayor  informer  not 

,    _.  entitled  to  any 

and  Uity  Council  of  Baltimore.  parted  iineor 

''  penalty. 

8.  Whenever  any  judgment,  which  may  be  rendered  by  a  iMd,  s.  is. 
justice  of  the  peace,  for  any  fine  or  penalty  incurred  by  tlie  superseded 

...  ,  judgments  of 

violation  ot   any  ordinance,  shall  be  superseded,  it  shall  be  justices. 
the  duty  of  the  justice  rendering  such  judgment  to  deliver  to 
the  officer  who  served  the  summons,  a  copy  of  such  judgment, 
and  the  said  officer,  under  the  penalty  of  ten  dollars,  shall, 
within  six  days  tliereafter,  file  said  copy  with  the  Register  of  copies  to  be 
the  City,  who  is  hereby  authorized  and  directed,  when  the  ter. 
stay  of  execution  on  any  such  judgment  has  expired,  to  have 
the  same  collected  by  execution  or  otherwise. 

9.  The  Mayor  is  authorized  and  empowered  to  remit  so  no.  19,  Api.  is, 
much  of  any  fine  or  penalty  as  to  him  shall  seem  just  and  when  M.iyor 

■'  r  •'  11       may  remit  fines. 

reasonable ;  provided,  that  such  power  shall  not  extend  to  the  proviso, 
costs  of   prosecution,   and   the   Mayor  shall    hand    over  to 
the  Eeirister  of  the  City  a  list  of  all  such  fines  remitted  by  List  of  cnes  re- 
him,  with  the  names  of  the  person  or  persons  to  whom  such  ister. 
fines  were  remitted. 

10.  The  Mayor  is  authorized  and  empowered  in  all  cases  _no.  19,  Api.  le, 
of  actual  confinement  in   jail  of  any  person  for  a  violation  of  when  to  pay 

•'  J     .    .,  costs  and  jail 

the  city  ordinances,  to  pay  all  costs  of  prosecution   and  jaii  charges. 
charges,  in  addition  to  the  remission  of  the  fine,  in  all  cases 
where  he  may  think  it  right  and  proper,  and  the  Register  is 
directed  to  pay  the  amount  out  of  the  city  treasury  upon  the 
order  of  the  Mayor. 


276 


Fire. 


Article  XX. 


ARTICLE   XX. 


FIRE 


STATUTES. 


FIUE  DEPARTMENT.    . 

1.  Cprporation  to  establish. 

FIRE   INSPECTOR. 

2.  Appointment  of  Fire  Inspector. 

3.  Duties  of  Fire  Inspector:    per- 

sons hindering  Inspector:  pen- 
alty. 

4.  Investigations    into    causes    of 

fires :  attendance  of  witnesses : 
proviso :  report  to  State's  At- 
torney. 

5.  Enforcement  of  fire  ordinances: 

powers  of  Inspector. 

6.  Neglect  to  give  notice  of  posses- 

sion of  property  saved  from 
fire:  larceny:  perjury. 

7.  Proof  of  ownership  of  property : 

expenses :  justice  of  the  peace 
to  determine. 

8.  Deputies  of  Fire  Inspector :  pow- 

ers of  deputies. 

9.  Construction  of  this  act. 

FIRE  CRACKERS. 

10.   Firing  same. 


GUNPOWDER  AND   COMBUSTIBLES. 

11.  Storage  of  gunpowder. 

12.  Storage  of  naval  stores  and  com- 

bustibles. 

INSPECTION   OP  OIL  FROM 
PETROLEIM. 

13.  Oil  or  fluids  from  petroleum. 

14.  Mayor  and  City  Council  author- 

ized to  pass  ordinances :  fines 
and  penalties. 

ILLUMINATING   OII,S. 

15.  Fire  tost. 

16.  Barrels   to  bear  name,  &c.,  of 

manufacturer:  warrant. 

17.  Penalty. 

18.  When  purchaser  may  recover. 

19.  Accident  from  explosion  :  prose- 

cution of  seller. 

20.  When  inspector  to  decide  as  to 

quality  of  oil,&c. 

21.  False  report  by  Inspector :  pen- 

alty. 

22.  To  what  not  applicable. 


ORDINA  NOES 


FIRE  DEPARTMENT. 
1.    Fire  Commissioners:    terms    of 
oflBce:  Mayor  ex-ofHcio  mem- 
ber. 


2.  Maj'or  to  fill  all  vacancies. 

3.  Powers  and  duties  of  Fire  Com- 

missioners :  Fire  Department : 
suitable  rooms :  appropriations. 


Fire. 


277 


Article  XX. 


4.  Control  at  fires :  proviso. 

5.  Of  what  the  Fire  Department 

shall  consist :  what  officers  ap- 
pointed by  Fire  Commission- 
ers: removal. 

6.  Salaries. 

7.  Property. 

8.  Alarms :  fire  alarm  telegraph. 

9.  Destroying  property  of  fire  alarm 

telegrapli :  liindering  or  ob- 
structing fire  company:  pen- 
alty. 

10.  False  alarm  :  penalty. 

11.  Reward  to  be  oflFered  by  chief 

engineer. 

13.  Keys  to  engine,  alarm  box,  &c.: 
penalty. 

13.    Uniforms:  penalty. 

14  Duties  of  chief  engineer  and  as- 
sistants at  time  of  fire. 

15.  Chief  engineer  to  command  at 

fires :  to  examine  engines. 

16.  Returns :  to  keep  rolls. 

17.  Assistant  engineers  to  act  in  ab- 

sence of  chief. 

18.  City  divided  into  districts. 

19.  Rules  and  regulations:  each  mem- 

ber to  have  copy :  to  post  same 
in  office  and  engine  houses. 

20.  Standard   screw   for  steam    fire 

engines. 

21.  All  screws  to  conform  to  said 

standard. 

22.  Fire  plugs. 

23.  Obstructing  fire  plugs  :  penalty. 

24.  Lamps. 

CAUK  OF  MEMBEUS  OF  DEPARTMKNT. 

25.  How  long  members  Fire  Depart- 

ment injured  or  disabled  in 
discharge  of  duty  to  receive 
usual  salary. 
'26.  What  sum  Commissioners  of 
Fire  Department,  in  case  of 
loss  of  life,  to  pay  to  widow, 
&c. :  funeral  expenses. 


LIFE     INSURANCE     OF     FOREMEN, 
FIREMEN  AND   LADDERMEN. 

27.  Fire    Commissioners    to   insure 

lives  of  foremen,  firemen  and 
laddermen  of  department. 

28.  Authorized  to  apply  a  portion  of 

amount  appropriated  for  acci- 
dent account  to  relief  of  sub- 
stitutes. 

SALVAGE  CORPS. 

29.  Right  of  way  to  Salvage  Corps. 

30.  Penalty  for  interfering  with  Sal- 

vage Corps  in  going  to  or  return- 
mg  from  fires. 

POLICE   AND   FIRE   ALARM   TELE- 
GRAPH. 

31.  Appointment  and  control  of  em- 

ployees of  fire  alarm  telegraph. 

32.  Superintendent:  salary. 

33.  Operators:  salaries. 

34.  Lineman :     assistant     lineman : 

salaries. 

35.  Rules  and  regulations:  proviso. 

36.  Charge    of   instruments,    boxes 

and  wires :  test  once  a  week : 
books:  records  of  time:  report: 
inspection :  security  to  Mayor. 

37.  Duty  of  operators:   security  to 

Mayor. 

38.  Duty  of  lineman  :  security. 

39.  Officers  at  stations. 

40.  Scratching,     defacing,     posting 

placards  on  telegraph  poles: 
penalty. 

FIRE   INSPECTOR. 

41.  His  duties. 

42.  Duty  of  police:    houses  to  be 

properly  secured:  owner  to  be 
notified  :  penalty :  proviso. 

43.  Reward. 

PREVENTION    OF   FIRES. 

44.  Lights  in  stables  regulated. 

45.  Penalty  for  firing  squibs,  &c. 

46.  Sale  of  squibs,  &c.,  prohibited : 

proviso:  penalty. 


278 


Fire. 


Article  XX. — Statutes. 


47.  Penalty   for    manufacturing 

squibs,  &c. 

48.  Penalty  for  keeping  ashes  in  cer- 

tain places. 

49.  In  what  buildings  hay  and  cut 

straw  shall  be  kept :  penalty. 

50.  When  notice  to  be  given :  pro- 

viso :  when  no  notice  required. 

51.  Fires  on  board  ships  regulated : 

duty  of  police. 

GUNPOWDER. 

52.  Keeper :     his    duties :     rales    of 

storage :  proviso :  keeper  to 
collect  storage :  M'hen  and  how 
gunpowder  may  be  sold  for 
storage:  keeper's  books  and 
accounts  regulated :  monthly 
reports  to  Mayor  and  payments: 
bond. 

53.  Gunpowder  brought  into  the  city 

by  land  or  water  regulated: 
proviso :  regulations  for  vessels 
landing  or  receiving  gunpow- 
der :  penalty  for  violating  reg- 
ulations. 

54.  Gunpowder  carried  through  city 

regulated. 

55.  What   quantity  of  gunpowder 

may  be  kept :  proviso. 

56.  How  to  be  kept :  penalty. 

57.  Duties  of  Mayor  and  justices  of 

the  peace. 


58.  Owners,  &c.,  of  ships :  penalty. 

MANUFAOTUKE    OF    OILS. 

59.  Manufacture  of  what  oils  regu- 

lated :  ten  days'  notice :  pen- 
alty. 

STORAGE   OP   OILS,  &C. 

60.  Storage  of  what  oils  unlawful. 

61.  How  much  may  be  kept  for  sale. 

62.  Distillers  of  oils,  &c. :  proviso: 

lire-proof  building. 

63.  Refined  petroleum,  &c. 

64.  Naptha  and  beuzone. 

65.  Crude   rock  or  earth  oil ,  &c. : 

refined  rock,  coal  oil,  &c. 

66.  Penalties. 

DYNAMITE,  NITRO-GLYCERINE,  &C. 

67.  No  explosive  materials  or  com- 

pounds to  be  manufactured 
within  limits  of  city :  penalty. 

68.  Explosive  compounds  not  to  be 

stored  or  kept  in  any  building 
or  shed, or  conveyed  through 
the  streets,  without  permit  from 
Mayor:  penalty. 

69.  Tin  sign  to  be  placed  On  door  of 

building  in  which  explosive 
material  or  compound  is  stored. 

SHAVINGS. 

70.  Where  shavings  to  be  deposited 

and  burnt :  penalty. 


STATUTES. 
FIRE  DEPARTMENT. 


P.  L.  I,.,  art.  4,      1.     TliG  Mayor  and  City  Council  have  power  to  establish 
Corporation  may  and  regulate  fire  wards  and  fire  companies,  and  to  pass  or- 

establish  fire 

companies,  &c.  diuanccs  for  the  prevention  and  extinguishment  of  fires,* 


*  Sees.  237  to  246,  inclusive,  of  P.  L.  L.,  Art.  4,  related  to  the  Baltimore 
United  Fire  Department.  The  following  sections,  however,  arc  here  given 
as  still  applicable : 


Fire.  279 

Article  XX.— Statutes. 


FIRE  INSPECTOR. 


2.  There  shall  be  a  Fire  Inspector  fur  the  Citj  of  Balti- p.l.  l.,  art.  4, 
more  commissioned  by  the  Mayor  in  such  manner  as  may  be  Appm^niment  of 
prescribed  by  ordinance.  *'*" '"'p*'='°'"- 


237.  Any  person  who  shall  wilfully  destroy  or  injure  any  engine,  hose, 
reel,  or  other  aj^paratus  whatever  for  tiie  extinguishment  of  fires,  belonging 
to  any  company  in  the  city  of  Baltimore,  or  to  the  said  city,  shall  be  guilty 
of  felony,  and  upon  conviction  thereof,  shall  be  sentenced  to  confinement  in 
the  penitentiary  for  a  period  not  less  than  two  nor  more  than  five  years. 

238.  Any  person  who  shall  assault,  beat,  or  otherwise  intentionally  hurt 
or  injure  any  fireman  of  the  city  of  Baltimore  whilst  in  the  discharge  of  his 
duties  as  fireman,  (except  in  self-defence,)  shall,  upon  conviction  thereof,  be 
sentenced  to  imprisonment  in  Baltimore  city  jail  for  a  period  not  less  than 
one  month,  and  to  the  payment  of  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars. 

The  Baltimore  United  J'ire  Department  was  superseded  (ordinance  No.  5, 
approved  Dec.  10, 185B,)  by  the  paid  fire  department  now  in  operation.  The 
Baltimore  United  Fire  Department,  by  virtue  of  ordinance  No.  11,  Mar.  29, 
'65,  and  Res.  No.  115,  June  22, '65,  transferred  as  a  donation  the  five  per 
cent.  stt)ck  of  the  city  to  the  amount  of  $12,000,  in  its  name,  as  a  permanent 
fund  for  the  relief  of  disabled  firemen,  their  widows  and  orphans,  to  the 
Aged  Men's  Home,  of  Baltimore.  1865,  c.  57,  recites  that,  the  Baltimore 
United  Fire  Department,  incorporated  by  the  Legislature  of  Maryland,  at 
December  session,  18i33,  c.  187,  liaving  subserved  the  ends  of  its  organization, 
and  there  being  no  longer  any  necessity  for  its  service  as  a  fire  department, 
desires  to  donate  and  transfer  its  properties  and  efi'ects  to  the  benevolent  in- 
stitution known  as  the  Aged  Men's  Home  of  Baltimore  City,  and  to  dissolve 
its  organization  and  surrender  its  charter;  and  it  enacts,  1.  That  said  Balti- 
more United  Fire  Department  is  authorized  and  empowered,  after  having 
cancelled  by  payment  all  of  its  liabilities,  to  donate  to  the  institution  known 
as  the  Aged  Men's  Home  of  Baltimore  City,  all  of  said  Baltimore  United 
Fire  Department  bonds,  stocks,  or  other  securities,  and  all  other  properties 
and  effects  of  whatsoever  kind,  of  which  it  may  be  the  owner,  as  well  as  the 
interest  accruing,  or  that  may  hereafter  accrue  on  any  of  its  stocks,  bonds, 
and  other  securities.  2.  That  the  said  Baltimore  United  Fire  Department, 
after  having  disposed  of  its  properties  and  effects,  as  provided  in  the  fore- 
going section,  may  dissolve  its  organization  and  surrender  its  charter.  3. 
That  this  act  shall  take  effect  upon  its  acceptance  by  the  said  Baltimore 
United  Fire  Department 

See,  as  to  origin  of  paid  fire  department.  Res.  No.  83,  May  31,  '58 ;  No.  117, 
June  16,  '58  ;  No.  75,  Mar.  12,  '59 ;  No.  251,  Sept.  26,  '59,  and  p.  285,  post. 


280 


Fire. 


Article  XX.— Statutes. 


1872,  c.  S.'50,  8.  1. 


Duties  "f  Fire 
Inspector. 


Persons  hinder- 
ing Inspector. 


Penalty. 


Ibid,  s.  2. 

Investigations 
into  causes  of 
fire. 


Attendance  of 
witnesses. 


Report  toStale's 
Attorney. 


3.  It  shall  be  the  duty  of  the  Fire  Inspector  to  attend  all 
fires  that  may  occur  in  the  city  of  Baltimore,  with  a  badge  of 
office  conspicuously  displayed,  upon  which  his  title  shall  be 
legibly  printed,  and  he  shall  take  charge  of  and  protect  all 
property  of  any  kind  and  description  during  such  fires,  or 
which  may  be  imperiled  thereby,  and  safely  keej)  the  same  in 
his  possession  or  under  his  control,  until  satisfactory  proof  of 
ownership  be  made  thereto  ;  and  shall,  as  far  as  practicable, 
prevent  property  from  being  injured  at  such  fires,  and  regulate 
and  direct,  when  in  his  opinion  it  is  necessary  or  expedient, 
the  removal  of  goods,  merchandise,  and  other  property  to  a 
place  of  safety.  Any  person  or  persons  who  shall  wilfully 
hinder  or  obstruct  said  officer  in  the  lawful  discharge  or  per- 
formance of  any  of  the  duties  of  his  office,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  city  jail  for  not  more  than 
one  month,  or  by  a  fine  not  exceeding  five  hundred  dollars. 

4.  It  shall  be  the  duty  of  said  Fire  Inspector  to  institute 
investigations  into  the  causes  of  such  fires  as  may  occur  in  the 
citj'  of  Baltimore,  whenever,  in  his  judgment,  the  occasion 
demands  it,  and  for  the  purpose  he  shall  have  power  to  issue 
suhpcenas  and  administer  oaths,  and  compel  the  attendance  of 
witnesses  before  him  by  attachment  or  otherwise;  all  suhjxjBnas 
issued  by  him  shall  be  in  such  form  as  he  may  prescribe,  and 
shall  be  directed  to  and  served  by  any  constable,  police  officer. 
Sheriff  or  coroner  of  Baltimore  city  ;  any  witness  who  refuses 
to  attend  to  testify  in  obedience  to  such  suhpoena^  shall  be 
deemed  guilty  of  contempt,  and  be  punishable  by  him  as  in 
cases  of  contempt  in  civil  cases ;  provided  that  said  officer  shall 
not  have  jurisdiction  to  try  any  person  or  persons  charged  with 
commission  of  a  crinie,  for  the  purpose  of  inflicting  punishment 
therefor,  but  shall  make  a  written  report  of  the  testimony  to 
the  State's  Attorne}',  and  institute  criminal  prosecution  in  all 
cases  where  there  appears  to  him  to  be  reasonable  and  pro- 
bable causes  for  believing  that  a  fire  has  been  caused  by  design. 


Fire.  281 

Article  XX. — Statutes. 


5.  It  sliall  bo  tlie  duty  of  said  Fire  Ii)spector  to  aid  in  the  ibw,  s.  3 
enforcement  of  the  fire  ordinances  of  said  city,  and  for  this  Enforcement  of 

.,  i.j  ..  J  '.  iii'ii     file  ordinances. 

purpose  no  is  duly  authorized  to  visit  and  examine  all  build- 
ings in  the  progress  of  erection  or  undergoing  repairs,  and  to 
institute  prosecutions  for  all  violations  of  the  ordinances  of 
said  city  which  relate  to  the  erection,  alteration,  or  repairs  of 
buildings  and  the  prevention  of  fires.  He  shall  exercise  such 
additional  ])owers  as  may  be  conferred  upon  him  by  the  ordi-  Powereof  in- 
nances  of  said  city  to  enable  him  fully  to  carry  out  the  object 
of  this  act,  and  the  prevention  of  fires. 

6.  Any  person   or  persons  who  save  from  fires,  or  from  iwd, 3. 4. 
buildiiiffs  endanccred  by  fire,  any  property,  and  who  wilfully  Neglect  to  give 

»  "  J  }         J    I        I         o  -    notice  of  posst  s- 

neglect  for  two  days  to  give  notice  to  the  Fire  Inspector  or  to  •^^';';j"''P'"°P(^J^y 
the  owner  of  such  property,  of  his  or  their  ])osse8sion  thereof, 
shall  be  deemed  guilty  of  grand  or  petit  larceny,  as  the  case  Larceny. 
may  be,  according  to  the  value  of  the  property,  and  any  per- 
son who  shall  be  guilty  of  false  swearing  in  an  investigation 
under  this  act,  shall  be  deemed  guilty  of  perjury,  and  upon  Perjury. 
conviction  thereof  shall  be  punished  as  in  any  other  case  of 
perjury. 

7.  No  person  shall  be  entitled  to  any  property  in  the  hands  ibid,  sec.  5. 
of  the  Fire  Inspector  saved  from   the  fire  until  satisfactory  P-"f,«J;^;;'""- 
proof  of  ownership  be  made,  and   until   all  exi>enses  for  the  eny. 
preservation  and  keeping  of  the  same  shall  be  paid  to  him  by  Expenses. 
the  owner  or  claimant  of  such  property,  and  in  case  of  a  dis-  J'^>s«ce  of  uie 
pute  as  to  the  amount  of  such  expenses,  said  dispute  to  be  mine. 
determined  by  a  justice  of  the  peace  of  said  city. 

8.  The  said  Fire  Inspector  is  hereby  authorized  and  em-  ibid,  sec.  6. 
powered   to  appoint  one  or  more  persons  to  act  as  deputies  Deputies  of^^^ 
during  his  absence,  or  to  assist  him  in  discharge  of  his  duties; 

and  the  said  deputies  shall  have  all  the  authority  invested  in  Powers  of 
the  Fire  Inspector  by  this  act  and  the  ordinances  of  the  Mayor 
and  City  Council  of  Baltimore,  and  the  said  deputies  shall  act 


282  Fire. 

Article  XX. — Statutes. 


during  the  pleasure  of  the  Fire  Inspector ;  and  each  deputy 
shall  wear  while  in  discharge  of  his  duty,  conspicuously  dis- 
played on  his  person,  such  badge  or  device  as  the  Fire  Inspector 
shall  designate. 

Ibid,  sec.  7.  9.     This  act  shall  not  be  so  construed  or  understood  as  to 

Construction  of  autliorizc  the  Fire  Inspector  to  interfere  with  or  disregard  the 

this  act.  .  ,  . 

authority  now  vested  in  the  Board  of  Fire  Commissioners  of 
the  City  of  J3altimore  during  the  time  of  fire  by  the  ordinances 
of  the  city. 

FIRE  CRACKERS. 

p.  L.  L.,  art.  4,       10.     The  Mavor  and  City  Council  of  Baltimore  may  pass  all 

sec.  249.  _  ■'  •'  J    I 

Firing  same.  Bucli  ordiiianccs  as  they  may  deem  necessary  and  proper  to 
suppress  the  evil  and  pernicious  practice  of  firing  and  discharg- 
ing crackers  within  the  limits  of  said  city,  either  by  prohibiting 
the  sale  of  crackers  or  otherwise. 


GUNPOWDER  AND  COMBUSTIBLES. 

p.  L.  I..,  art.  4,       11.     Tlic  Mayor  and  City  Council  may  erect  and  provide 
storage  of  gun-  magazlncs  for  the  storage  of  gunpowder  brought  to  the  city, 

powdor. 

and  compel  the  storage  thereof  therein,  and  regulate  the  price 
of  such  storage. 

Ibid,  sec.  30.  12.     They  may  prevent  the  storage  of  naval  stores  or  other 

storage  of         combustiblc  matter  in  such  quantities  or  places  within  the  city 

naval  stores, 

&c.  as  may  be  deemed  dangerous. 


INSPECTION  OF  OIL  FROM  PETROLEUM. 

1878,  c.  120.  13.     The  Mayor  and  City  Council  of  Baltimore  are  hereby 

Inspection  of  authorlzcd  to  provide  for  the  inspection  of  oil  or  fluids  made  from 
from  petroleum,  petrolcum  or  its  products,  used  for  illuminating  purposes,  offered 

for  sale  in  the  city  of  Baltimore,  and  for  the   appointment  of 

inspectors  for  that  purpose. 


Fire.  283 

Article  XX.— Statutes. 


14.  The  Mayor  and  City  Council  shall  have  full  authority  iwd.sec.  a. 
to  pass  all  ordinances  necessary  to  carry  into  effect  the  powers  Mayor  and  city 
granted  by  the  preceding  section,  and  to  impose  by  said  ordi-  ized't"pass"or-' 
nances  such  lines  and  penalties  as  they  may  deem  necessary  Fines  and 
and  proper  for  the  enforcement  thereof.  penalties. 

ILLUMINATING  OILS. 

15.  All  oils  or  fluids  manufactured  from  petroleum  or  its  i874,c.  504,8.2. 
products,  used  for  illuminating  purposes  in  this  State,  which  Kire  test, 
shall  be  manufactured  or  kept  for  sale  therein,  shall  be  required 

to  stand  a  fire  test  of  one  hundred  and  ten  degrees  fahrenheit 
before  it  shall  burn,  to  be  ascertained  by  Tagliabue's  coal  oil 
tester,  or  some  other  instrument  constructed  upon  the  same 
principle. 

16.  Every  person  manufacturing  or  selling  illuminating  oils  ibid,  s.  3. 

or  fluids,  manufactured  from  petroleum  or  its  products,  by  the  Barrels  to  bear 
barrel,  shall  be  required  to  have  stamped  upon  the  head  of  the  manu'ractaVer. 
barrel  the  name  of  the  manufacturer  thereof  and  his  place  of 
business,  together  with  the  words  "  warranted  to  stand  a  fire-  Warrant, 
test  of  one  hundred  and  ten  degrees  fahrenheit  before  it  shall 
burn." 

17.  Whoever  manufactures  for  illuminating  purposes,  oribid,s.  4. 
sells  in  quantities  not  less  than 'a  barrel,  oils  or  fluids  inade-peniiity. 
from  petroleum  or  its  products,  which  does  not  sustain  the  tire- 
test  provided  for  in  section  fifteen  hereof,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
fined  not  more  than  one  thousand  dollars,  or  imprisoned  in  the 

jail  or  penitentiary  not  more  than  two  years,  in  the  discretion 
of  the  court.  Whoerer  sells  in  quantities  less  than  a  barrel, 
for  illuminating  purposes,  oils  or  fluids  made  from  petroleum 
or  its  products,  which  does  not  sustain  the  fire- test  provided 
for  in  section  fifteen  hereof,  shall  forfeit  said  oil,  and  be  fined 
not  less  than  five  nor  more  than  twenty  dollars ;  said  fine  to 


284 


FlKB. 


Article  XX. — Statutes. 


be  collected  as  other  fines  are  now  collected,  one-half  to  go  to 
the  informer,  the  other  to  be  paid  into  the  treasury  of  the 
State. 


Ibid,  8.  5. 

When  pur- 
chaser may  re- 
cover. 


18.  Any  purchaser  of  oils  or  fluids  made  of  petroleum  or 
its  product,  for  illuminating  purposes,  bearing  the  stamp  re- 
quired in  section  sixteen  hereof,  and  which  does  not  stand 
the  fire-test  required  in  section  fifteen  hereof,  may  recover 
from  the  seller  in  an  action  for  debt  an  amount  equal  to  double 
the  purchase  money  of  said  oil. 

Ibid,  s.  6.  19.     Any  accident  by  reason  of  explosion,  occurring  with 

Accident  from  any  oil  Or  fluid  manufactured  from  petroleum  or  its  products, 
Prosecution  of  shall  subject  tho  scllcr  thereof  to  prosecution  for  a  misdemean- 
or, and  upon  conviction  thereof  in  a  court  of  competent  juris- 
diction, to  a  fine  not  exceeding  one  thousand  dollars,  nor  less 
than  five  hundred  dollars ;  one  half  of  said  fine  to  be  paid  to 
the  informer  and  the  other  half  to  the  State. 

Ibid,  s.  7.  20.     In  case  of  seizure  or  confiscation  of  oils  or  fluids  man- 

w  hen  Inspector  ufacturcd  froiii  pctrolcum  or  its  products,  as  provided  in  section 
quality  of  oil,    fifteen  hcreof,  the  party  or  parties  who  have  sold  .such  oils  or 

&c. 

fluids,  shall  have  the  privilege  of  referring  the  same  to  some 
commissioned  inspector,  recognized  by  the  oil  trade  of  Balti- 
more, whoso  decisions  shall  be  jjrirna  facie  evidence  of  the 
quality  of  said  oil  or  fluid. 

Ibid,  s.  8.  21.     If  any  inspector  of  oils  shall  be  convicted  in  a  court  of 

False  report  by  compoteiit  jurisdiction  of  furnishing  a  false  report  of  the  fire- 
test  of  any  oil  submitted  to  his  inspection,  he  shall  be  liable 
Penalty.  to  a  fine  of  uot  Icss  than  five  hundred  dollars,  nor  more  than 

two  thousand  dollars,  at  the  discretion  of  the  court ;  said  fine 
to  be  paid  into  the  treasury  of  the  State. 

Ibid,  s.  9.  22.     The  provisions  of  this  act  shall  not  apply  to  oils  or 

Towhat  not  ap- fluids  manufactured  from  petroleum  or  its  products,  for   the 

plicable.  _  .  „  ,  , 

purpose  oi  exportation,  or  lor  use  in  street  lamps. 


Fire.  285 

Article  XX.— Ordinances. 


ORDINANCES  . 
FIRE  DEPARTMENT. 

1.  There  shall  be  appointed  in  the  same  manner  as  other  no.  7,  Feb.  21, 

/v,  .,,...  /.r-»i.  /»j  '^S;  No.  5,  Dec. 

city  omeers  are  appointed,  nve  citizens  01  isaltunore,  01  good  10.  -ss. 
character,  to  serve  as  Fire  Commissioners,  and   who  shall  be  FiieCommis- 
styled   the  Fire  Commissioners  of  the  City  of  Baltimore,  and 
said  commissioners  shall  draw  for  their  respective  terms  of 
office,  say  two  for  the  term  of  four  years,  and   three  for  the  Terms  of  office. 
term  of  two  years ;  and  every  second  year  thereafter  in   the 
month  of  February,  there  shall  be  appointed  in  the  same  man- 
ner two  or  three  persons,  as  the  case  may  be,  who  shall  serve  no.  94,  April  17, 

for  the  term  of  four  years.*     And  the  Mayor  shall  be  a  mem-  Mayor  a  mem- 
ber ex-officio  of 

ber  ex-ojido  of  the  Fire  Commissioners.  board. 

2.  In  case  of  death,  resignation,  disqualification  or  removal  ibid,  s.  2. 
of,  or  the  neglect  or  refusal  to  perform  the  duties  incumbent  Mayor  to  nu 
upon  their  office,  by  any  or  all  of  said  commissioners,  the  Mayor 

shall  proceed  at  once  to  fill  such  place  or  places  by  a  new  ap- 
pointment in  the  usual  manner. 

3.  Said  fire  commissioners  shall  have  the  appointment  of,  and  ibid,  s.  3. 
entire  control  over  all  other  employees  and  property  of  the  fire  iwersand 

'       •'  11]  duties  ot  I'  ire 

department,  in  conformity  with  this  ordinance,  and  are  held  commissioners. 
strictly  accountable  therefor  to  the  Mayor  and  City  Council,  F^^re^^ep"''- 
by  whom,  upon  conviction  of  dereliction  of  duty,  malfeasance 
in  office,  or  violation  of  any  of  the  provisions  of  this  ordinance, 
they  shall  be  removed  from  office ;  they  shall  keep  a  correct 
record  of  their  proceedings,  subject  at  all  times  to  the  inspec- 
tion of  the  Mayor  and  City  Council,  and  shall  annually  in  the 
month  of  January,  prepare  an  accurate  report  of  the  state  of 


*This  ordinance  of  Feb.  21,  1868,  No.  7,  entitled,  An  ordinance  to  provide 
for  the  re-organization  of  the  Fire  Department  of  the  City  of  Baltimore, 
superseded  in  part,  Ords.  No.  5,  Dec.  10,  '58;  No.  48,  Mar.  30,  '59  ;  No.  18, 
Apl.  18, '61;  No.  16,Apl.  16, '63;  lies.  No.  80,  May  28, '58 ;  No.  229,  Sept. 
15,  '59. 


286  Fire. 

Article  XX. — Ordinances. 


the  department;  two  hundred  and  fifty  copies  of  which  shall 
be  printed  for  the  use  of  the  said  Mayor  and  City  Council ; 
they  shall  have  authority  to  fit  up,  and  appropriate  to  the  use 

Suitable  rooms,  of  themsclves  and  the  engineers,  suitable  rooms,  centrally 
located,  the  necessary  expenses  of  which  shall  be  defrayed  out 
of  the  funds  appropriated  for  the  use  of  the  department,  and 
they  shall  have  authority  to  draw  upon  the  City  Kegister 
for  such  sum  or  sums  of  money  as  they  may  from  time  to  time 

Appropriations,  rcquirc,  uot  excccding  the  appropriations  which  may  be  made 
for  the  use  of  the  department. 

Ibid,  s.  4.  4.     The  fire  commissioners  shall,  during  the  occurrence  of 

Control  at  fires,  fires  or  alarm   of  fires,  have  authority  for  themselves,  and  the 
power  to  delegate  to  the  chief  engineer  or  his  assistants,  the 
authority  to  control  all  persons  and  property  in  the  vicinity  of 
Proviso.  a  fire,   during   the   continuance  thereof;  provided,   that   the 

exercise  of  such  authority  does  not  conflict  with  any  law  of 
the  United  States,  or  of  the  State  of  Maryland. 

Ibid,  s.  5.  5.     The  fire  department  of  the  city  of  Baltimore,  shall  Con- 

or what  the  tire  sist  of  five  fire  commissioners,  one  chief  engineer,  two  assist- 

deparlinent  •  i      i 

shau  consist,  aut  engineers,  one  clerk,  seven  engine  companies,  each  consist- 
ing of  one  foreman,  one  engineman,  one  assistant  engineman, 
one  hostler,  and  eight  firemen,  and  two  hook  and  ladder  com- 
panies, each  consisting  of  one  foreman,  one  tillerman,  one 
hostler,  and  ten  laddermen,  all  of  whom  shall  be  of  good 
character,  and  except  those  especially  provided  for  in  section 

What  officers     fii'st  of  this  Ordinance,  shall  be  appointed  by  the  fire  commis- 

appointed  by  , 

Fire  conimis-    sioucrs,  and  shall  be  entitled  to  retain  their  respective  positions 

sioners,  '■  * 

for  such  time  as  they  evince  willingness  and  capacity  to  dis- 
charge the  duties  pertaining  thereto  efficiently,  harmoniously 
with  their  associates,  and  satisfactorily  to  the  fire  commission- 
Removal,  ers;  said  employees  shall  not  be  subject  to  removal  on  account 
of  any  political,  religious  or  other  sentiments  entertained  by 
them,  so  long  as  said  opinion  or  sentiment  does  not  interfere 


FiRB.  287 

Article  XX.— Ordinances. 


with  the  faithful  and  effieent  discharge  of  their  respective 
duties  as  employees  of  the  fire  department. 

6.  The  salary  of  the  chief  engineer  of  the  Baltimore  City  no.  35,  Api.  s. 
Fire  Department  shall   be  two  thousand   dollars  per  annum,  saiary  of  chief 

11  1  1  111-  Kiigiricer. 

payable  monthly ;  and  the  salaries  of  the  assistant  engineers  of  AssistantEn- 
shall  be  each   fourteen   hundred   dollars  per   annum,  payable 
monthly:  the  salaries  of  the  foremen  of  the  several  engine  no.co, May 23, 

•'    '  ^  >=  '70. 

and  hook   and  ladder  companies  of  the  city  fire   department  or  Foremen, 
shall  be  each  five  iiundred  dollars  per  annum,  payable  month- 
ly ;  the  salaries  of  the  enginemen  in  the  fire  department  shall  be  Enginemen. 
each  eleven  hundred  dollars  per  annum,  payable  monthly  :  the  no.  rs,  Mayas, 
salaries  of  the  assistant  enginemen,  the  tillermen  and  hostlers  ■"'''^''• 
of  the  city  fire  department  shall  be  each  nine  hundred  dollars  Assistant  En- 

"  *  ginemen,TiHer- 

per  annum,  payable  monthly,  and  the  salaries  of  extramen  shall  Extramen'*"' 
be  each  four  hundred  dollars  per  annum,  payable  monthly. 

7.  The  property  of  each  engine  company  shall  consist  of  no.  J.  s.  7,  Feb. 
not  less  than   one  steam  fire  engine,  one  hose  carriage,  one  Property. 
thousand  feet  of  hose,  and  four  horses,  together  with  all  the 

minor  accessories  for  effeetual  service;  and  the  property  of 
each  hook  and  ladder  company  shall  consist  of  not  less  than 
one  ladder  truck,  with  all  necessary  ladders  and  implement.s, 
and  three  horses.* 


*  By  ordinance  No.  50,  July  9,  'C9,  the  fire  department  was  increased  by 
addition  of  one  company  to  be  located  west  of  Pacaand  north  of  Baltimore 
street,  to  consist  of  one  foreman,  one  engineman,  one  assistant  engineman, 
one  hostler  and  eight  firemen ;  the  property  of  said  company  to  consist  of 
same  number  of  engines,  &c.,  as  provided  in  section  7,  above,  to  be  purchas- 
ed by  fire  commissioners;  and  by  ordinance  No.  103,  November  7,  1870, it 
was  increased  by  the  addition  of  two  engine  companies,  one  for  the  nortli- 
western,  and  the  other  for  the  southwestern  section  of  the  city,  and  one 
hook  and  ladder  company ;  each  of  the  engine  companies  to  consist  of  one 
foremen,  one  engineman,  one  hostler,  and  eight  firemen  ;  and  the  hook  and 
ladder  company  to  consist  of  one  foreman,  one  tillerman,  one  hostler,  and 
ten  laddermen ;  eacli  of  said  engine  companies  to  consist  of  same  number 
of  engines,  &c.,  as  is  provided  in  section  7,  and  each  of  said  hook  and  ladder 
companies  to  consist  of  same  truck,  &c.,  as  is  provided  in  said  section. 


288 


Fire. 


Article  XX. — Ordinances. 


Ibid,  s.  8.  8.     It  shall  be  tlie  duty  of  the  members  of  the  police  de- 

Aiarms.  partmcnt,  in  the  district  in  which  tlie  fire  may  occur,  to  com- 

municate the  fact  to  the  central  station,  by  means  of  the  signal 
box  in  the  district  in  which  the  fire  may  be,  in  accordance 
with  the  rules  and  regulations  governing  the  signal  boxes, 
and  the  number  of  the  signal  box  from  which  the  alarm  pro- 
Fire  alarm  tele-  cccded  ;  and  wlicn  a  police  ofiicer  has  an  alarm  bell  in  his  dis- 

graph. 

trict,  it  shall  be  his  duty  to  ring  the  same  by  striking  the  loca- 
tion as  indicated  by  the  fire  alarm  telegraph. 

9.  Should  any  person  or  persons  injure,  deface,  or  in  any 
manner  destroy,  any  fire  apparatus  or  property  of  the  fire  alara 
telegraph,  or  should  any  person  or  persons  hinder  or  obstruct 
any  city  fire  company,  or  hook  and  ladder  company,  or  any 
member  thereof,  from  freely  passing  along  the  streets  of  the 
city  to  or  from  a  fire,  or  in  an}'  manner  hinder  or  prevent  any 
of  the  said  fire  companies,  or  any  member  of  the  same  from 
operating  at  any  fire,  or  prevent  a  person  properly  authorized 
from  using  the  signal  boxes  of  the  police  and  fire  alarm  tele- 
graph, each  and  every  person  or  persons  so  hindering,  obstruct- 
ing, or  preventing,  shall  be  fined  not  less  than  twenty  dollars 
nor  more  than  fifty  dollars,  to  be  recovered  as  other  city  fines 
are  recoverable. 

Ibid,  8. 10;  No.      10.     ShouM  anv  person  or  persons  knowincjly  crive,  or  cause 

34,   May   5,  '6H;  _  -^    '  '■  &  ./    to  ' 

No.  la,  Api.  IS,  to  be  given,  any  false  alarm  of  fire  by  means  of  the  telegraph 


Ibid,  s.  9;    No. 
94,  s.  8,  June  24, 
'59;  No.  19,3.8, 
Apl.  17,  '63. 
De.stroyiiig  pro- 
perty of  Fire 
Alarm  Tele- 
graph. 

Hindering  or 
ob.strurting  fire 
company. 


Penalty. 


'61. 

False  alarm 

Penalty. 


boxes  connected  with  the  fire  alarm  telegraph,  he,  she  or  they, 
shall  be  subject  to  a  fine  of  not  less  than  three  hundred  dollars, 
nor  more  than  five  hundred  dollars,  to  be  recovered  as  other 
fines  are  recoverable. 


By  resolutions  No.  388,  July  8,  '73,  and  No.  38,  February  11,  74,  a  new 
company,  &c.,  was  formed  in  south  Baltimore,  and  one  for  the  northwestern 
section,  and  also  one  at  Canton. 

By  resolution  No.  135,  April  31,  '77,  a  new  lionk  and  ladder  company  in 
the  northwestern  section  of  tiie  city  was  authorized,  located  at  corner  of 
Fremont  street  and  Myrtle  avenue. 


FiBE.  289 

Article  XX.— Ordinances. 


11.  Authority  fs  hereby  given  to  the  chief  engineer  of  the  iwd,  s.  U;  No. 

n  J  ,  i-i^i.  ,•  1.,,  ..         18,  Apl.  18, '61. 

lire  department,  m  his  discretion,  and  with  the  approbation  Reward  to  be  of- 
of  the  Mayor,  to  offer  a  reward  of  one  hundred  dollars  or  less  Engineer. 
for  the  apprehension  and  conviction  of  any  person  or  persons 
who  shall  knowingly  give,  or  cause  to  be  given,  any  false  alarm 
of  fire  by  means  of  telegraph  boxes  connected  with  the  Fire 
Alarm  Telegraph. 

12.  Should  any  person  or  person  unauthorized  have  in  his,  ibid,s.  12,  no. 

.  .  15,  Apl.  18,  '62. 

iier,  or  their  possession,  or  make,  or  cause  to  be  made,  any  key  or  Keys  to  engine, 

,  alarm  box,  &c. 

keys  of  any  fire  engine  or  truck  house,  or  fire  alarm  telegraph 
box,  or  use,  or  cause  to  be  used,  the  same,  except  the  Mayor, 
fire  commissioners  and  chief  engineer,  without  the  consent 
of  the  proper  authority,  he,  she  or  they  shall  be  subject  to  a 
fine  of  not  less  than  one  hundred  dollars,  and  not  more  than  Penalty, 
two  hundred  dollars;  to  be  recovered  as  other  fines  are 
recoverable. 

13.  Should  any  person  or  persons  not  a  member  of  the  City  ibid. 
Fire  Department  use  the  uniform  determined  upon  by  the  fire  uniforms. 
commissioners,  or  any  part  thereof,  without  their  permission, 

such  person  or  j^ersons  shall  each   be  fined  not  less  than  five  penait-. 
dollars,  nor  more  than  twenty  dollars,  for  each  and  every  of- 
fence, to  be  recovered  as  other  city  tines  are  recoverable. 

14.  It  shall  be  the  duty  of  the  chief  engineer,  and  his  as- no.5,s.i2,dpc. 
sistauts,  whenever  a  fire  shall  break  out  in  the  city,  to  immedi-  Duties  or  chief 

'  Engineer  and 

ately  repair  to   the  place   of  such   fire,  and   to   take   proper  A^^^^unu  at 
measures  that  the  several  engines  and  other  apparatus  be  ar- 
ranged in  the  most  advantageous  situations. 

15.  The  chief  engineer  shall,  under  the  fire  commissioners.  No.  le,  s.  1,  Api. 
have  command  at  fires,  over  all  other  officers,  and  all  other  chiefEngmeer 
persons  who  may  be  present  at  fires,  and  shall  take  all  proper 
measures  for  the  extinguishment  of  fires,  and  for  the  protection 
of  property,  preservation  of  order,  and  observance  of  laws  of 
the  State,  ordinances  of  the  city,  and  regulations  of  the  fire 


to  comr 
fires. 


290  Fire. 

Article  XX. — Ordinances. 


commissioners  respecting  fires;  and  it  shall  be  the  duty  of  said 
To  examine  en-  engineer  to  examine  into  the  condition  of  the  engines  and  all 

gines.  ~  ^ 

other  fire  apparatus,  and  of  the  engine  and  other  houses  be- 
longing to  the  city,  used  for  the  purposes  of  the  fire  depart- 
ment, and  the  companies  attached,  as  often  as  circunistances 
may  render  it  expedient,  or  whenever  directed  to  do  so  by  the 
fire  commissioners,  and  whenever  the  engines  or  other  fire 
apparatus,  engine  or  other  houses  used  by  tlie  fire  dej)artment 
require  alteration,  additions  or  repairs,  the  chief  engineer  shall 
report  the  same  to  the  fire  commissioners,  and  on  their  order, 
such  alterations,  additions  or  repairs  shall  be  made. 

Ibid,  s.  1.  16.     It  shall  be,  moreover,  the  duty  of  the  said  chief  engi- 

Retunis.  nccr  to  rccelve  and  transmit  to  the  said  fire  commissioners,  for 

the  use  of  the  Council,  all  the  returns  of  the  officers,  members 
and  fire  apparatus,  made  by  the  respective  companies,  and  all 
other  communications  relating  to  the  affairs  of  the  fire  depart- 
To  keeproUs  mcnt ;  to  keep  fair  and  exact  rolls  of  the  respective  companies, 
specifying  the  time  of  admission  and  discharge,  and  age  of  each 
member,  which  he  shall  report  in  writing  to  said  fire  commis- 
sioners, who  shall  safely  file  such  reports. 

No.  5, s.  14,  Dec.      17,     In  casc  of  the  absence  of  the  chief  eiiiirineer  the  assist- 

10, '58.  _  ... 

Assistant  Kngi-  ant  engineer  in  whose  district  the  fire  may  occur,  shall  exercise 

neers  to  act  in 

absence  of  chief,  the  dutics  of  his  officc  with  the  full  power  of  the  chief  engineer. 

Ibid,  s.  15.  18.     The  city  shall  be  divided  into  two  fire  districts,  the  first 

citydivided  in- comprising  all   that  part  of  the   city   lying   west   of  Calvert 

to  districts.  ii>ni  /^i-i' 

street,  the  second  district  all  that  part  of  the  city  lying  east  of 
the  same. 

Ibid, s.  16.  19.     The  fire  commissioners  shall  prepare  rules  and  regula- 

Ruiesand  itgu-  tions  for  the  government  of  the  fire  companies  and  the  mem- 

lations.  '^  _  ^  '  _ 

Each  member  to  bors  thcrcof,  and  fumish  each  member  of  the  fire  department 

have  a  copy.  i    i  •  i  i 

To  post  same  in  with  a  copy  of  Said  rules,   and  have  said  rules  posted  con- 

ofUce  and  engine 

houses.  spicuously  in   the  office  of  the  department,  and  in  and  about 

the  several  engine  houses  belonging  to  the  department. 


Fire.  291 

Article  XX. — Ordinances. 


20.  The  standard  screw  of  the  suction  tubes  of  the  steam  No.  sr,  Mar.  23, 

'59. 
fire  engine,  and  the  large  openings  in  the  steam  fire  plugs,  shall  standard  screw 

1        f»  I  1      1  "    •       1  •  1  •  -in  1  ^""^  steam  fire  en- 

be  five  and  one-halt  inches  in  diameter,  with  five  threads  to  gines. 
the  inch,  and   the  standard  screw  for  the  hose  shall   be  three 
inches  in  diameter,  with  seven  threads  to  the  inch. 

21.  The   water   engineer  is   hereby  directed   to  cause  the  iwd. 
screws  of  all  fire  plugs  hereafter  inserted  by  him  to  conform  to  ah  screws  to 

conform  to  said 

the  above  section  of  this  ordinance.  standard. 

22.  The  chief  engineer  of  the  fire  department,  or  his  as- No. 48, s.s, Mar. 

'^  30,  '89. 

sistants,  shall   have  the   use  and  control  of  any   and   all  fire  Fire  piuga. 
plugs  belonging  to  the  city  of  Baltimore  on  the  occurrence  of 
fires. 

23.  Any  person  or  persons  who  shall  place,  or  cause  to  be  No.  er,  oct.  la, 
placed,  around  or  near  any  of  the  fire  plugs  of  the  city,  any  obstructing  are 

r  '  ,  I  plugs. 

goods,  structure  or  other  thing,  in  such  a  manner  as  to  obstruct 
the  free  access  to  any  of  said   plugs,  shall  be  subject  to  a  fine 
of  twenty  dollars,  and  a  further  fine  of  ten  dollars  for  each  penalty. 
and   every  day  that  such  obstruction   may  continue,  to  be  re- 
covered as  other  tines  and  penalties  are  recovered, 

24.  The  superintendents  of  lamps  are  hereby  directed  toRes.No.m8, 
have  the  lamps  lighted   in  front  of  the  different  engine  and  Lamps. 
hook  and  ladder  houses  every  night  during  the  year. 

CARE  OF  MEMBERS  OF  DEPARTMENT. 

25.  Any  member  of  the  fire  department  of  the  city  of  Bal-  No.  35,  Mar.  24. 
more,  receiving  injury  or  becoming  disabled,  while  in  the  dis-  how ion|mem. 
charge  of  his  duties,  so  as  to  prevent  him  from  following  his  p-.menti„ja_red 
daily  occupation  or  attending  to  his  duties  as  a  member  of  said  di-^-s^.^'/'^- 
department,  such  member  shall,  for  the  space  of  twelve  months,  — i-'"y- 
provided  his  disability  shall  last  that  time,  receive  his  usual 

salary. 


292  Fire. 

Article  XX. — Ordinances. 


Ibid,  s.  2.  26.     If  any  member  of  said  lire  department  shall  lose  his 

What  sum  Com-  life  whilc  in  the  discharge  of  his  duties,  it  shall  be  the  duty  of 

missioiiers  of 

Fire  Department  the  commissioners  of  the  lire  departuient  (as  soon  as  may  be 

in  case  of  loss  of  j  \  ./ 

widow^&V°  convenient  after  such  death)  to  cause  to  bo  paid  to  the  wife  or 
family,  including  father  and  mother,  dependiiiu;  on  the  deceas- 
ed member,  the  sum  of  five  hundred  dollars  ;  and  if  said  mem- 
ber shall  leave  neither  wife  or  children,  father  or  mother,  sur- 
viving him,  then  said  commisioners  shall,  and  they  are  hereby 

Funeral  expen-  authorizcd  to,  defray  the  proper  funeral  expenses  of  said  meu)- 

ses. 

ber,  the  same  to  be  taken  out  of  the  appropriation  for  the  fire 
department  for  the  current  year.* 

LIFE  INSURANCE  OF  FOREMAN,  FIREMEN  AND  LADDERMEN. 
No.  140,  s.  1,  27.     The  Board  of  Fire  Commissioners  are  hereby  authorized 

July  30,  '75.  r.     1         .  11 

FireCommis-    to  cffbct  an  iusurancc  on  the  lives  of  the  foreman,  firemen  and 

siontrs  to  insure  ,,,  r     t        -i  i-  c   '     '  n 

lives  of  foreman,  laddermeu  01  the  department,  so  that  in  case  oi  injury  at  tires, 

firemen  and  lad- 

dcrmeji^of  De-;  or  alarms  of  fires,  while  engaged  in  the  performance  of  their 
duties,  they  shall  receive  from  the  insurance  comi)any  the  sum 
of  five  dollars  per  week  during  the  continuance  of  such  disa- 
bility as  may  prevent  them  from  following  their  usualbusinese, 
and  in  case  of  death  resulting  from  any  accident  to  them  whilst 
engaged  in  the  discharge  of  their  duties,  the  sum  of  five  hun- 
dred dollars  shall  be  paid  by  said  insurance  company  to  the 
wife  of  such  foreman,  fireman  or  ladderman,  if  she  be  living, 
or  in  case  there  be  no  wife  living,  then  to  his  children,  or  if 
there  be  no  wife  or  children  living,  then  to  their  father  or 
mother,  or  other  members  of  their  family  depending  on  him 
for  support,  or  if  there  be  no  one  dependent  upon  him  for  sup- 
port, then  the  amount  shall  be  paid  to  the  fire  commissioners 
for  the  benefit  of  the  fire  department,  and  the  sum  of  fifteen 
dollars  shall  be  applied  by  the  said  board  of  fire  commission- 
ers out  of  the  appropriation  to  their  department  for  such  insur- 


*For  ordinance  for  protection  of  lives  of  tiremcu  from  hoist  way  s,  seo 
p.  122,  ante. 


Fire.  293 

Article  XX. — Ordinances. 


ance  on  the  life  of  eacli  member  above  mentioned  of  the  fire 
department. 

28.  The  Board  of  Fire  Commissioners  are  hereby  authorized  ibid,  b.  s. 

to  ai)ply  to  the  relief  of  the  substitutes  of  the  fire  department,  Authorized  to 

1  r  -J  *  apply  a  portion 

who  may  be  injured  in  the  performance  of  their  duties  in  con-  pJ^opHa'ted  ?or 
nection    with    the   department,  such    portion  of   the  amount  J^'^^'',*^','*';.''";^',;! 
annually   appropriated  for  the  accident  account  of   the  fire  ^ ' "  ®^- 
department  as  the  board  may  deem  proper  and  just. 

SALVAGE  CORPS. 

29.  The  apparatus  and  wagons  of  the  Baltimore  City  Sal-  J^^JJ"',!^^- 
vage  Corps  shall  be  entitled  to  the  right  of  way  upon  the  flf^^^^''J^r'„^y^^'' 
streets,  lanes  and   alleys  in  the  city  of  Baltimore  in  going  to 

and  returning  from  fires,  and  shall  enjoy  the  same  privileges  in 
going  to  and  returning  from  fires  as  are  now  enjoyed  by  the 
Baltimore  City  Fire  Department. 

30.  Any  person  or  persons  interfering  with  or  hindering  iwd,  s.  2. 
the  apparatus  and   wagons  of  said  salvage  corps  in  passing  ^^^'^^ 
along  any  of  the  streets,  lanes  or  highways  in  the  city,  in  go-  ^"^^s^^l^l^^.^g 
ing  to  and  returning  from  fires,  shall  upon  conviction  thereof  f°o°j^  A^'re'/"'"^ 
]my  a  fine  of  fifty  dollars,  to  be  recovered  as  other  fines  are 
recovered.* 


egraph. 


POLICE  AND  FIRE  ALARM  TELEGRAPH.f 
31.    The  Fire  Commissioners  of  the  City  of  Baltimore  shall  No-iv^-LMar 
have  the  appointment  of,  and  entire  control  over,  all  the  employ-  Appoi"„\'J'„^j^^^^^ 
ees  and  property  of  the  Police  and  Fire  Alarm  Telegraph,  in  con-  |,\",pil>i:,^^'?fei 

*By  resolution  No.  G,  Dec.  13,  '77,  the  Superintendent  of  the  Police  and 
Fire  Alarm  Telegraph  was  directed  to  connect  the  lines  of  said  telegraph 
with  the  head  quarters  of  the  Salvage  Corps,  so  that  all  alarms  of  fire  shall 
be  struck  at  their  headquarters. 

t  See,  for  origin  of  Police  and  Fire  Alarm  Telegraph,  Res.  No.  11,  Dec.  7, 
'58 ;  No.  123,  July  6,  '58. 

The  alarm  telegraph  was  first  established  1)y  Ord.  No.  94,  June  24, '59, 
entitled  An  ordinance  to  provide  for  the  care  and  management  of  the  Pohce 


294 


Fire. 


Article  XX. — Ordinances. 


Duties. 


formity  with  this  ordinance,  and  under  such  other  rules  and 
regulations  as  they  inay  adopt. 

Ibid,  s.  9;  No.        32.     There  shall  be  appointed  by  the  said  fire  cominission- 

104,  June  19, '71.  ^  ^  _         *' 

Superintendent,  ors  annually,  Or  at  such  other  time  or  times  as  they  may  de- 
termine, one  person,  who  shall  be  a  practical  telegrapher  and 
skilled  electrician,  to  be  called  the  Superintendent  of  the 
Police  and  Fire  Alarm  Telegraph,  whose  duties  shall  be  to 
give  a  general  superintendence  of  the  Police  and  Fire  Alarm 
Telegraph  ;  to  examine  all  the  stations  from  time  to  time,  and 
as  often  as  may  be  necessary,  and  see  that  everything  is  in 
good  working  order ;  and  perforin  such  other  duties  as  may  be 
pi-escribed  by  said  fire  commissioners;  and  who  shall  receive 
a  salary  of  fifteen  hundred  dollars  per  annum,  payably  monthly 

33.  There  shall  also  be  appointed  by  the  said  fire  com- 
missioners, in  the  same  manner  as  the  superintendent  is  ap- 
pointed, four  other  persons,  who  shall  be  practical  telegraphei-s, 
whose  duty  it  shall  be  to  operate  the  machinery  of  tiie  Police 
and  Fire  Alarm  Telegraph,  under  the  direction  of  the  said 
superintendent;  and  each  of  whom  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum,  payable  monthly. 


Salary. 


No  18,  s.  3,  Mar. 
a9,  '77. 
Operators. 


Salaries. 


Ibid,  8.  4  ;  No. 
29,  Apl.  3,  '7-->. 
Lineman. 


34.  There  shall  also  be  appointed  in  the  same  manner  by 
the  said  fire  commissioners,  one  competent  person,  to  be  called 
a  lineman  ;  and  also,  one  other  competent  person,  to  be  called 

and  Fire  Alarm  Telegraph,  and  for  the  protection  ol"  the  same,  superseded 
-by  Ord.  No.  19,  April  17,  '63. 

By  ordinance  No.  133,  November  9,  1874,  the  Superintendent  of  Police 
and  Fire  Alarm  Telegraph  was  authorized  and  directed  to  extend  his  tele- 
graphic connection  from  the  nearest  telegraphic  terminus,  to  the  Marine 
Hospital,  and  the  Police  and  Fire  Alarm  Telegraph  Department  was  author- 
ized to  make  rules  and  a  tariff  of  prices,  for  the  use  by  citizens  of  the  line. 

By  ordinance  No.  163,  Nov.  1, 1876,  the  Superintendent  of  the  Police  and 
Fire  Alarm  Telegraph,  with  the  approbation  of  the  Mayor,  Comptroller  and 
Register,  was  authorized  and  empowered  to  re(!onstruct  the  Police  and  Fire 
Alarm  Telegraph,  according  to  the  most  improved  system  in  use,  and  to 
purchase  all  necessary  machinery  and  apparatus  for  its  proper  equipment. 


Fire.  295 

Article  XX. — Ordinances. 


an  assistant  lineman,  whose  duties  shall  be  the  care  and  repair  Assistant  Line- 
man. 
of  the  lines  and  batteries  of  the  Police  and  Fire  Alarm  Tele-  Duties. 

graph,  under  the  direction  of  the  said  superintendent;  and 
the  salary  of  the  lineman  shall  be  twelve  hundred  dollars  per  saUries. 
annum,  payable  monthly;  and  the  salary  of  the  assistant  line- 
man   shall   be    nine    hundred   dollars   per   annum,  payable 
monthly. 

35.  The  said    fire   commissioners   are   hereby   authorized  no.  is,  s.  5,  Mar, 

J  .  29, '77. 

and  empowered  to  make  and  adopt  all  rules  and  regulations  Rules  and  regu- 

^  lations 

that  they  may  deem  necessary  for  the  proper  control  and  gov- 
ernment of  the  said  Police  and  Fire  Alarm  Telegraph ;  pro-  pmviso 
vided   that  such  rules  shall   not  conflict  with  any  law  of  the 
United  States  or  the  State  of  Maryland. 

36.  The  superintendent   of  the   Police   and   Fire   A^^^™  No^^i^V,!-!, 
Telegraph  shall  have  the  general  superintendence  of  the  same,  Res.  no^^i«, 
under  the  direction  of  the  fire  commissioners ;  he  shall  have  superintendent. 
chartre  of    all  the   instruments,  alana  boxes  and   wires;  see  charge  «f  in- 

»  1  •        1    strunieiits,  box- 

that  they  are  at  all  limes  in  good  order,  and  promptly  repaired,  es  and  wires. 
when  reported  out  of  order;  it  shall  be  his  further  duty  to 
test  all  the  instruments  and  alarm  boxes  at  least  once  a  week  ;  Te|t^""'-«» 
see  that  the  operators  and  the  lineman  and  his  assistant  prompt- 
ly perform  their  duty  as  hereinafter  provided  ;  he  shall  keep  Bonks. 
such  books  as  may  be  necessary,  in  which  shall  be  recorded  all 
such  matters  as  may  be  necessary  for  a  full  understanding  of 
the  operations  of  the  telegraph,  and  a  book  in  which  he  shall 
record  all  instruments,  alarm  boxes  or  wires  reported  out  of  Record  of  time. 
order,  with  the  date  and  a  record  of  the  time  the  same  was 
repaired,  and  shall  annually,  on  the  first  day  of  January,  make  Report, 
a  report  of  the  operations  of  his  oflice  to  the  fire  commission- 
ers.    All  books  and  papers  connected  with  the  office  shall  at  all  inspection. 
times  be  open  to  the  inspection  of  the  Mayor  and  City  Council.  Bond. 
He  shall  enter  into  good  and  sufficient  security  to  the  Mayor 
and  City  Council,  in  the  sum  of  two  thousand  dollars,  for  the 
good  and  faithful  performance  of  the  duties  of  his  office. 


296 


Fire. 


Article  XX. — Ordinances. 


Ibid,  s.  3. 

Duty  of  opera- 
tors. 


Bond. 


Ibid,  s.  4. 

Duly  of  line- 
man and  assis- 
tant lineman. 


Bond. 


Ibid,  s.  C. 

Officers  at  sta- 
tions. 


37.  The  operators  shall  attend  at  the  central  police  and 
fire  alarm  station,  at  least  two  of  whom  shall  be  on  duty  at  all 
hours,  day  and  night ;  they  shall  promptly  reply  to  all  mes- 
Bages  from  any  of  the  police  stations,  and  should  a  message  be 
received  from  any  of  the  city'departments,  they  shall  cause 
the  same  to  be  promptly  delivered ;  it  shall  be  their  further 
duty,  immediately  on  the  receipt  of  an  alarm  of  fire,  to  trans- 
mit the  same  over  the  wires,  and  do  and  perform  all  such 
duties  appertaining  to  their  ofiice  as  may  be  required  of  them 
by  the  superintendent ;  they  shall  each  of  them  enter  into 
good  and  sufficient  security  to  the  Mayor  and  City  Council,  in 
the  sum  of  eight  hundred  dollars,  for  the  good  and  faithful 
performance  of  the  duties  of  their  office. 

38.  It  shall  be  the  duty  of  the  lineman  and  assistant  lineman 
to  attend  personally  at  the  central  office  of  the  Police  and  Fire 
Alarm  Telegraph  station  ;  >  they  shall  take  charge  of  the  lines 
and  batteries  of  the  Police  and  Fire  Alarm  Telegraph,  keeping 
the  same  at  all  times  in  good  working  order;  do  all  the  repair- 
ing to  the  same,  and  attend  to  the  repairs  of  all  the  lines,  keep- 
ing them  in  perfect  working  order  and  free  from  obstructions, 
and  do  and  perform  all  such  other  duties  appertaining  to  tlieir 
office  as  may  be  required  of  them  by  the  superintendent;  tliey 
shall  each  of  them  enter  into  good  and  sufficient  security  to  the 
Mayor  and  City  Council,  in  the  sum  of  eight  hundred  dollars, 
for  the  good  and  faithful  performance  of  the  duties  of  their  office. 

39.  The  batteries  at  the  other  station  houses  shall  be  in 
charge  of  and  operated  by  the  officers  in  charge  of  the  stations; 
all,  however,  under  the  control  and  direction  of  the  superin- 
tendent.* 


.    *  The  alarm  telegraph  boxes,  &c.,  were'provided  for  by  Ord.  No.  108,  Sept. 
15,  '59,  and  Res.  2Sfo.  155,  Apl.  28,  '60. 

By  Res.  No.  145,  Oct.  2,  '62,  the  police  commissioners  were  requested  to 
have  tlie  clocks  at  the  several  police  stations  regulated  by  the  clock  at  the 
telegraph  office,  and  to  instruct  the  police  to  set  their  watches  each  day  by 


FiKE.  297 

Article  XX. — Ordinances. 


40.  Any   person  or  persons  who  shall  scratch,  stencil  or  nq.  s-2,  oct.  lo, 
post  placards  or  bills  on   any  of  the  poles  of  the  Police  and  scratching,  de- 

*  ^  facing,  posting 

Fire  Alarm  Telesrraph,  or  in  any  other  manner  deface  the  same,  pia<^aiiis.  &<■•, 

~       '      '  -'  'on  telegraph 

shall  be  subject  to  a  fine  of  not  less  than  one  dollar,  or  more  i"*'*^^- 
than  twenty-five  dollars;  to  be  collected   as  other  fines   are  Penalty, 
collected  for  violation  of  city  ordinances. 

FIRE  INSPECTOR. 

41.  The  Mayor,  at  his  discretion,  may  commission  as  Fire  no.  3o,  «.  9,  r. 
Inspector,  such   person   as  may  be  named    and   appointed  by  Appointed. 
the  Fire  Insurance  Companies  of  the  City  of  Baltimore,  or  a 
majority  thereof— such  inspector  to  be  paid  by  said  companies.- 

And  it  shall  be  the  duty  of  said  inspector  to  examine  into,  re-  His  duties. 
port  upon,  and  keep  a  record  of  all  fires  occurring  in  said  city, 
and  the  origin  thereof,  and  a  brief  description  of  the  premises 
wherein  the  fire  may  have  originated,  whether  of  brick  or 
frame,  and  how  occupied,  whether  as  dwelling,  store,  workshop, 
or  otherwise,  of  all  which  a  report  shall  be  made  to  the  Mayor 
on  the  first  of  each  month  ;  and  he  is  further  authorized  to 
examine  all  buildings  hereafter  to  be  erected  or  altered  in  said 
city,  as  to  whether  the  same  are  built,  erected  or  altered  in 
conformity  to  the  ordinances  of  said  city,  and  any  person  or 
persons  interfering  with  (for  the  purpose  of  preventing)  said 
inspector  in  the  discharge  of  his  duties,  as  herein  mentioned, 
shall  be  liable  to  a  fine  of  not  less  than  five  nor  more  than 
twenty  dollars ;  provided,  that  the  city  authorities  shall  not,  Proviso. 

the  clock  at  the  police  station  to  which  they  may  be  attached,  before  going 
on  duty,  and  that  they  hereafter  promptly  repair  to  the  telegraph  box  on 
their  several  "beats"  at  13  o'clock,  noon,  and  if  the  bell  in  the  box  does  not 
ring,  that  they  be  required  to  report  the  fact  immediately  in  their  respective 
police  stations,  and  the  officer  in  charge  shall  forthwith  communicate  the 
fact  to  the  central  office;  and  further,  the  police  commissioaiers  are  request- 
ed to  require  the  police,  in  case  a  fire  should  occur  on  the  "beat"  assigned 
them,  and  the  nearest  telegraph  box  fail  to  give  the  necessary  alarm,  to  im- 
mediately repair  to  the  next  nearest  box,  and  if  tliat  should  also  be  out  of 
order,  to  visit  the  boxes  next  in  location  until  the  alarm  is  given. 


298  Fire. 

Article  XX. — Ordinances. 


in  any  manner,  be  liable  for  the  payment  of  the  salary  of  said 
inspector,  nor  for  any  of  the  expenses  incidental  to  such  office; 
and  that  the  Mayor  may  revoke  and  annul  the  said  commission 
at  such  time  or  times  as  he  may  deem  proper. 

No.  20,  Api.as,  42.  It  shall  be  the  duty  of  the  police,  whenever  they  shall 
Duty  of  police.  Icam  Or  kuow,  or  have  cause  to  believe,  that  any  unoccupied 
Houses  to  be   '  housc,  or  houscs,  are  not  properly  secured,  to  inform  the  Fire 

propprlv  ^6- 

cuied.  Inspector,  who  shall  immediately  visit  the  premises,  and  notify 

To  be  notified,  the  owncrs,  agent  or  agents,  by  a  written  or  printed  notice  de- 
livered at  their  residence  or  place  of  business,  of  the  condition 
of  such  unoccupied  house  or  houses,  to  have  it  or  them  pro- 
perly secured,  so  as  to  prevent  evil  disposed  persons  from  gain- 
ing access,  and  in  case  of  such  owner  or  owners,  agent  or 
agents  neglecting  or  refusing  to  have  the  same  properly  secured 
within  twenty-four  hours  after  notice,  he,  she  or  they  shall 

Penalty.  incur  a  penalty  of  one  dollar  for  each  refusal  or  neglect,  and 

two  dollars  per  day  for  each  day  he,  she  or  they  may  refuse 
or  neglect,  until  such  notice  is  complied  with,  to  be  recovered 

Proviso.  as   other    fines    and    forfeitures    are    recoverable ;    provided, 

that  this  ordinance  shall  not  be  construed  to  apply  to  houses 
in  the  course  of  construction. 

No.  ao7, May  30,      43.     The  Firc  Inspcctor  is  hereby  authorized  and  empowered 

Keward.  to  offcr  a  rcward  of  five  luindred  dollars  for  the  arrest  and 

conviction   of  any  party  or  parties  who  have  been  guilty  of 

setting  fire  to  any  house  or  tenement  in  the  city — the  money 

to  be  expended  and  paid  under  the  directtion  of  the  Mayor. 


PREVENTION  OF  FIRES. 

No.  33,  s.  44,  R.      44.     No  pcrson  or  persons  shall  carry  a  lighted  candle  or 
Lights  in  sta-     lamp  into  any  stable,  or  make  use  of  it  there,  unless  the  same 

bles  regulated.     .  ,,  i    •  •        i  i  i        ,  i  i^ 

18  well  secured  m  a  tin,  horn,  or  glass  lantern,  under  a  penalty 
of  five  dollars. 


Fire.  299 

Article  XX.— Ordinances. 


45.  No  person  shall  east,  throw  or  fire  any  squib,  rocket,  ibid,  s.. 15. 
cracker,  torpedo,  granade,  or  other  combustible  fire  works  or  Penalty  for  flr- 
explosive  preparation,  within  tlie  city;  and  every  person,  for 

every  such  offence,  shall  forfeit  and  pay  a  sum  not  exceeding 
five  dollars. 

46.  It  shall  not  be  lawful  for  any  person  or  persons  to  sell,  ibia, ».  4g. 
or  offer  for  sale,  witliin  the  limits  of  the  city,  any  crackers,  saie  or  squibs. 

.,  ,  ,  1  •!  1        r»  1  .11     &c  ,  prohibited. 

squibs,   rockets    or   otlier    combustible   fireworks;    provided.  Proviso, 
however,  that  this  section  shall  not  apply  to  the  sale  of  any 
such  arti(!le  when  sold  in   the  original  package  as  imported, 
and   every  offender  against   any  of  the  ])rovisions  of  this  sec-  Penalty. 
tion  shall  pay  for  each  and  every  offence  two  dollars. 

47.  It  shall   not  be  lawful  for  any  person  or  persons  toibid,  s.  47. 
manufacture,   within   the    limits    of   the   city,   any   crackers.  Penalty  lor 

m,inulacturing 

squibs,  rockets,  or  any  other  combustible  fireworks,  and  every  squibs,  &l-. 
offender  against  the  provisions  of  this  section  shall  forfeit  and 
pay  the  sum  of  twenty  dollars  for  each  and  every  offence. 

48.  No  person  shall  keep  ashes  in  any  barrel,  box  or  other  rbia,.s  ss. 
wooden  vessel,  or  on  any  wooden  floor  in  any  building,  under  penalty  lor 

■^  keeiiing  ashes  in 

a  penalty  of  five  dollars  for  each  offence.  certain  piares. 

49.  Hay  and  cut  straw  may  be  kept  on  the  premises  of  any  no.  -m,  Api.  2.% 

person  or  persons,  provided,  and  on  condition,  that  the  build-  Hay. 

ing  in   which  the  hay  and  straw  shall  bo   kept  shall  be  con-  in  w'ai,  buiid- 

"       .  *'  •11  "'^^  ''"y  '*"^ 

structed  of  brick  or  stone,  with  walls  not  less  than  eight  and  .straw  shaii  be 

'  kept. 

a-half  inches  thick,  and  if  the  building  be  of  but  one  story, 
the  roof  shall  be  covered  with  gravel,  slate  or  metal,  and  the 
doors  and  windows  shall  be  covered  on  the  outside  with  sheet 
iron  ;  and  for  any  violation  of  this  section  the  person  or  per- 
sons so  offending  shall  forfeit  and  pay  ten  dollars,  to  be  recov-  penalty. 
ered  as  other  city  fines  are  recoverable. 

59.  Parties  shall  not  be  liable  for  the  fines  and  penalties  im-  no.  35,  May  a, 
posed  by  the  preceding  sections  44, 48  and  49,  unless  reasonable  when^notice  to 
notice  has  been  given  to  the  said  party  or  parties  so  offending, 


300  Fire. 

Article  XX. — Ordinances. 


and  the  necessary  time  has  been  allowed  for  a  compliance  with 
Proviso.  the  requirements  of  said  sections;  provided,  however,  that  the 

provisions  of  this  section  shall  not  be  applicable  to  a  party 
When  no  notice  or  parties  who  may  commit  the  same  offence   a  second  time, 

required.  '■  '' 

or  fail  to  comply  with  the  requirements  of  said  sections,  after 
the  notice  aforesaid  has  been  given,  or  when  the  offence  was 
knowingly  or  wilfully  committed. 

No.  23,  s.  13,  R.      51.     No  person  in  charge  of  any  ship  or  vessel  shall  permit 
Fires  on  board    auv  flrc  to  be  kept  OH   tlic  dcck  thereof  while  lyine:  at  any 

ships  regulated.         ''  \  ^  ./       &  ./ 

wharf  or  dock  within  the  city,  between  the  hours  of  ten 
o'clock  at  night  and  five  o'clock  in  the  morning,  from  the  first 
day  of  April  to  the  first  day  of  October,  and  between  the 
honrs  of  nine  o'clock  at  night  and  six  o'clock  in  the  morning, 
from  the  first  day  of  October  to  the  first  day  of  April  ;  and  it 
Duty  of  police,  shall  be  the  duty  of  the  police  officers  to  visit  the  bay  craft 
within  their  respective  districts,  and  give  information  of  this 
regulation  to  some  person  on  board. 

GUNPOWDER. 
No.  .\3.  i,R.  o.      52.     There  shall  be  annually  appointed,  as  other  city  officers 

No.  47,  s.  1,  R.  _  .       VV  1  -J 

"■  arc,  a  superintendent  or  keeper  of  gunpowder,  who  shall  re- 

Keeper,  ceive  a  salary  of  four  hundred  dollars  a  year,  and  who  shall 

His  duties.  attend  at  the  public  magazine  intended  for  the  storage  of 
gunpowder  within  the  city  of  Baltimore,  every  day  (Sundays 
excepted,)  from  the  hour  of  nine  o'clock  in  the  morning  until 
four  o'clock  in  the  afternoon,  and  shall  receive  and  store  within 
said  magazine,  all  gunpowder  delivered  there  for  that  pur- 
pose, and  shall  give  a  receipt  for  the  same,  mentioning  the 
marks  thereof;  he  shall  be  entitled  to  the  following  storage 
Rates  of  storage,  for  all  guupowdcr  thus  reccivcd  by  him,  to  wit:  for  every  bar- 
rel or  quantity  of  one  hundred  pounds  weight,  in  whatsoever 
description  of  vessel  contained,  twelve  cents ;  for  every  half 
barrel,  or  quantity  of  fifty  pounds  weight,  in  whatsoever  ves- 
sel   contained,  ten    cents ;    and  for  every    quarter  barrel    or 


Fire.  30I 

Article  XX.— Ordinances. 


twenty-five  pounds  weight,  in  whatsoever,  vessel  contained, 
eight  cents  per  month,  and  in  like  proportion  for  any  inter- 
mediate or  less  quantities,  or  any  sliorter  time;  provided,  Proviso, 
nevertheless,  that  all  gunpowder  thus  stored  in  quantities  of 
less  than  one  hundred  quarter  barrels,  shall  be  charged  at 
least  one  month's  storage,  at  the  above  rates,  whether  it  shall 
actually  have  been  stored  so  long  or  not.     And  the  said  super-  Keeper  to  coi- 

j  1      11  n  1  1  lect  storage. 

intendent  shall  collect  the  storage  thus  authorized  to  be 
charged  from  the  person  storing  the  gunpowder  as  aforesaid, 
or  the  owner  thereof,  every  three  months;  and  in  case  any  when  ami  how 

J  1  1      1      11  •  Kunpowdcr  may 

gunpowder  thus  stored  shall  remain  twelve  months  or  upwards  ^o  sold  for  sto- 

rnge. 

in  said  magazine,  without  said  storage  having  been  paid 
thereon,  the  said  superintendent,  with  the  approbation  of  the 
Mayor,  shall,  after  public  notice  for  tliat  purpose,  cause  the 
same  to  be  sold  at  auction,  or  so  much  thereof  as  may  be  suf-  Keeper's  books 

c    •  !•      1  1  11  mi  •  1  and  accounts re- 

ncient  to  discharge  the  storage  due  thereon.     Ihe  said  super-  guuted. 

intendent  shall  enter,  in  a  book  or  books  which  shall  be  the 

property  of  the   Mayor   and   City  Council  of  Baltimore,  and 

which  it  is  hereby  made  the  duty  of  the  Register  to  furnish 

him,  all  gunpowder  stored  as  aforesaid  in  said  magazine,  and 

by  whom  stored ;  and  shall,  on  receiving  it,  credit  the  person 

storing  the  same,  with  the  quantity  thereof,  and  shall  charge 

the  same,  or  any  portion  thereof,  as  it  may  be  removed  from 

said  magazine;  and  shall  in  like  manner,  note  all  transfers  of 

said  gunpowder  of  which  he  may  be  apprised,  in  the  book  or 

books  aforesaid;    and  he  shall  make  returns  once  in  every  Monthly  returns 

'  1  1  '"  "'^  Mayor 

three  months,  on  oath,  to  the  Mayor,  of  all  gunpowder  thus  and  payments. 
stored  in  said  magazine,  and  of  his  receipts  of  money  for  such 
storage,  and  pay  over  the  same  to  the  Register;  he  shall  also 
cause  all  the  powder  stored  in  said  magazine  to  be  turned  up- 
side down  at  least  once  in  every  month.  The  said  superin- 
tendent or  keeper  shall,  before  he  enters  upon  the  duties  of 
his  office,  give  bond  with  security,  to  be  approved  by  the  Bond. 
Mayor,  to  the  Mayor  and  City  Council,  for  the  faithful  dis- 
charge of  his  duties,  in  the  sum  of  two  thousand  dollars. 


302  Fire. 

Article  XX.— Ordinances. 


No.47,s.2,u.        53.     All  gunpowder  brought  within  the  limits  of  the  city 
Gunpowder       bv   hiiid,  or  into  the  port  or  hnrbor,  in  tiny  ship  or  vessel, 

brought  into 

city  by  land  or   other  thaii  H  sliip  or  vessel  of  war,  shall  be  stored  in  the  said 

water  regulated.  ' 

magazine  as  aforesaid  ;  if  brought  by  land  as  aforesaid,  within 
seventeen  hours  thereafter ;  if  brought  into  the  port  or  harbor 
as  aforesaid,  within  forty  eight   hours  after  the  ship  or  other 

Proviso.  vessel  thus  bringing  it  shall  have  broken  bulk  ;  provided,  the 

quantity  thus  brought  in  shall  exceed  the  weight  of  one  quarter 
barrel  as  above  defined;  or  being  of  such  weight  and  no  more, 

Keguiation;  for  shall  be  wcll  sccured  in  tin  canisters;  nor  shall  it  be  lawful 

vessels  landing 

or  receiving       for  auy  sliip  Or  vcsscl,  other  than  a  ship  or  vessel  of  war,  brine- 
gunpowder.  J         r  J  I  7  O 

ing  gunpowder  into  the  port  or  harbor  of  Baltimore,  or  having 
gunpowder  on  board,  in  a  greater  quantity  than  the  weight  of 
the  quarter  barrel  as  aforesaid ;  or  being  of  such  weight  and 
no  more,  not  secured  as  above  provided,  to  approach,  lie  at 
anchor,  or  moor  nearer  than  two  hundred  yards  to  any  wharf, 
or  land  within  the  limits  of  said  city,  or  discharge,  land 
or  deliver  gunpowder  in  a  greater  quantity  or  otherwise 
secured  than  as  aforesaid,  at  any  other  place  within  the  said 
city,  than  at  the  wharf  of  the  magazine  aforesaid,  or  such 
other  wharf  or  place  as  the  Mayor  and  Harbor  Board  may 
designate  for  that  purpose;  nor  shall  any  gunpowder  be 
delivered  or  received  on  board  of  any  ship  or  other  vessel  from 
the  magazine  aforesaid  or  elsewhere,  in  a  quantity  above  the 
weight  of  one  quarter  barrel  as  aforesaid,  or  being  of  such 
weigiit  and  no  more,  not  secured  as  aforesaid,  while  the  said 
vessel  shall  be  or  remain  within  two  hundred  yards  of  any 
land  or  wharf  within  the  limits  of  the  city;  and  for  any  viola- 
Penaity  for  via-  tiou  of  any  of  the  provisious  of  this  section,  the  owner  of  the 

lating  regula-  ,,,... 

tions.  gunpowder  in  question,  the  person  who  shall  bring  it  into  the 

city,  the  person  who  shall  receive  or  take  charge  of  it  when 
brought  in,  and  the  owner,  master  and  consignee  of  the  ship 
or  other  vessel  concerned  in  said  violation,  as  the  case  may  be, 
shall  be  severally  liable  to  a  ])enalty  of  twenty  dollars  for  each 
twenty-live  pounds  of  gunpowder,  in  whatsoever  vessel  or  ves- 


Fire.  303 

Article  XX.— Ordinances. 


sele  it  may  ho  contained,  which  shall  be  the  subject  matter  of 
such  violation. 

54.  AH  gunpowder  carried  or  eonvejed  to  or  from  any  place  iwd,  s.  s. 
in  or  throufirh  the  city,  shall  be  first  well  secured  with  a  good  Gunpowder 

carried  through 

bag  or  bags,  or  covered  with  a  sail  or  other  cloth  under  and  "ty  reguuted. 
around  it,  so  as  effectually  to  secure  the  same  from  scattering 
or  sifting  out,  under  a  penalty  of  ten  dollars  for  every  quarter 
barrel,  or  twenty  five  pounds  weight,  carried  or  conveyed 
otherwise  than  is  herein  j)rovidcd,  to  be  recovered  of  the 
owner  of  said  powder,  or  the  person  having  charge  of  the 
same,  or  of  the  person  actually  conveying  or  carrying  the 
same,  or  any  of  them. 

55.  No  person  or  persons  shall  have  or  keep  in  his,  her  no.  73,  Aug.  as, 
or  their  possession,  within  the  limits  of  the  city,  whether  in  any  wiiatqu^.i.tuy 

'  ,  .  of  guiipowdei 

building  or  shed,  or  in  the  street,  or  upon  any  lot  or  premises  to  be  kept. 
whatever,  or  in  any  wagon,  cart,  dray  or  other  carriage,  any 
quantity  of  gunpowder  exceeding  fifty  pounds  in  weight, 
(which  shall  be  well  secured  in  tin  canisters  or  wooden  kegs,) 
under  a  penalty  of  twenty-five  dollars  for  every  violation  of 
this  section,  by  having  above  the  quantity  hereby  allowed; 
provided,  that  this  penalty  shall  not  apply  to  gunpowder  proviso. 
being  conveyed  and  actually  ifi  iramitu,  without  stoppage, 
(except  sufiicient  time  for  the  purpose  of  delivery,)  through 
the  streets  of  the  city  of  Baltimore,  for  the  purpose  of  ship- 
ment or  transjjortation  beyond  the  city. 

56.  Any  person  or  persons  keeping  gunpowder  in  their  store  no.  le,  Api.  5, 
or  warehouse,  shall  have  it  kept  in  a  tin  canister  near  one  of  H„wtobe 
the  front  doors,  and  a  tin  sign  placed  on  tiie  outside  of  the 

door  marked  "gunpowder."     Any  person  or  persons  failing 
to  comply  with  the  provisions  of  this  section,  shall  forfeit  ten  Peu.ity. 
dollars  to  the  use  of  the  city  of  Baltimore;  to  be  collected  as 
small   debts  are,  before  a  single  justice  of  the  peace,  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore. 


304  FiBE. 

Article  XX. — Ordinances. 


No.  47, 8.5,  R,       57.     The  Mayor  or  any  justice  of  the  peace,  is   hereby, 
Duties  of  authorized  as  often  as  he  shall   be  informed   upon   oath,   of 

Mayor  and  jus- 
tices of  peace,    probable  cause  to  suspect  any  person  or  persons  of  concealing 

or  keeping  within  the  said  city,  any  quantity  of  gunpowder 
over  and  above  fifty  pounds  as  aforesaid,  to  issue  a  search  war- 
rant to  examine  into  the  truth  of  such  allegation  or  suspicion, 
and  search  any  place  whatever  therein. 

Ibid,  s.  6.  58.     The  owner  and  owners,  consignee  and  consignees,  mas- 

owiiers,  &c.,  ofi  tcr  and  acting  master  at  the  time  of  any  ship  or  other  vessel 

ships.  _ 

which  shall  approach  any  part  of  the  city,  lie  at  anchor,  or 
moor  in  the  port  or  harbor  of  the  same,  or  from  which  gun- 
powder shall  be  discharged,  landed  or  delivered,  or  which  shall 
deliver  or  receive  any  gunpowder  in  violation  of  this  ordinance, 
Penalty.  shall  cach  of  them  be  severally  liable  for  the  penalties  provid- 

ed by  this  ordinance. 

MANUFACTURE  OF  OILS. 

NO.  20.  s.  2,  59.     It  shall  not  be  lawful  for  any  person  or  persons  to  erect 

Manufacture  of  build  or  havc  put  UD  Or  use  any  building  or  buildings  for  the 

what  oils  regu-  f  r  J  &  ... 

i»'«d.  matjufacture  of  camphine,  pine,  ethereal  or  coal  oil,  refined 

petroleum  oil,  kerosene  or  carbon  oil,  and  all  oils  manufactured 
from  coal,  rock  or  earth  oil  and  petroleum  within  the  limits  of 
the  city,  without  first  obtaining  the  sanction  of  the  Mayor  and 

Ten  days'         City  Council ;  and  ton  days'  notice  immediately  preceding  the 

uotice.  ,.         ,  •/    i        ^  o 

application  to  the  Mayor  and  City  Council  shall  be  given  by  at 
least  four  insertions  in  two  or  more  of  the  daily  papers  of  the 
city,  setting  forth  the  purpose  of  said  application,  the  street, 
alley  or  court  and  square  of  ground  on  which  the  contem- 
plated manufactory  is  to  be  erected  or  put  up;  and  every  per- 
son or  persons  violating  this  section  shall  be  subject  to  the 
Penalty.  penalty  of  not  less  than  twenty  dollars  nor  more  than  fifty  dol- 

lars, and  the  further  penalty  of  twenty  dollars  for  each  and 
every  day  such  manufactory  shall  remain,  to  be  recovered  as 
other  fines   are   recoverable;  provided   that  nothing  in  this 


Fire.  305 

Article  XX. — Ordinances. 


section  shall  apply  to  manufactories  of  coal  and  other  oils  now 
erected  and  in  use  in  said  city.* 

STORAGE  OF  OILS,  &c. 

60.  It  shall  not  be  lawful  for  any  person  or  persons  to  keep  no.  63,s.  i,  'fia. 
on  storat'c  or  for  sale,  within  the  limits  of  the  citv  of  Baltimore,  storage  of  what 

"  '  "  oils  unlawful. 

any  crude  rock  or  earth  oils,  petroleum,  kerosene,  naptha  and 
benzone,  except  as  hereinafter  provided. 

61.  Crude  rock  or  earth  oils,  coal  oil,  and  petroleum  oil  ibid,  s. 2. 
may  be  stored  or  kept  for  sale  in  stores  or  buildings,  other  than  How  much  may 

•/  '  '^  be  kept  lor  sale. 

dwelling  houses,  in  quantities  not  more  than  one  barrel  in  any 
one  building,  provided  it  be  kept  in  metallic  packages. 

62.  Manufacturers,  refiners  or  distillers  of  coal  or  rock  oil,  ibid,  s.  3. 
naptha  or  benzone,  may  keep  or  store  in  their  factories  such  DiatiUers  of 
quantities  of  oil,  naptha  or  benzone  as  they  desire;  provided  Proviso. 
always  that  the  said   manufactory    is  carried  on  in   a  brick, 

stone  or  fire  ]>roof  building  or  buildings,  not  nearer  than  fifty  {I'^re^pj'oj'f 
feet  to  afiy  other  building,   and  if  in  a  frame  building,  not 
nearer  than  one  hundred  feet  to  any  other  building. 

63.  Refined  petroleum,  earth  or  rock  oil,  or  coal  oil  or  ker-  i^d, «. 4. 
osene  oil,  for  illuminating  pur|)osos,  may  be  kept  on  sale  in  R;«j,,e,i^petro- 
stores,  dwelling  houses  or  other  buildings. 

64.  Naptha  and   benzone  maybe  kept  on  storage  or  formd.s.s. 
sale  in  quantities  not  to  exceed  fifteen  gallons  in  any  one  build-  Nj;„»'-"d 
ing,  the  same  to  be  kept  in  metallic  packages. 

65.  No  crude  rock  or  earth  oils,  petroleum,  kerosene,  nap- 1^^^,%^;';,,, 
tha  or  benzone  shall  be  placed  in  any  lot  or  yard  and  remain  ^^^^J^^^^^^ 
therein  over  twenty-four  hours,  without  first  obtaining  the  con- 
sent of  the  Mayor,  and  all  the  property  holders  within  two 
hundred  feet;  provided  that   this  section  shall  not  apply   to  Proviso. 

*  See  further  under  Art.  XXIII.— Health. 


306  FiKE. 

Article  XX. — Ordinances. 


manufacturers,  rcfiticrs  or  distillers.     It  sliall  not  he  lawful  for 

any  person  or  persons  to  keep  stored  witliin   the  limits  of  the 

Refinedrock,     clt}' of  Baltimore,  uioro  than  one   hundred    barrels  of  reiir)ed 

cual  oil,  &c.  ,      .,    . 

rock,  earth  or  coal  oil  m  any  one  building  at  one  time,  with- 
out having  obtained  the  pennission  of  the  Mayor  and  City 
Council.  ^ 

ihid.s.  7;  No.  QQ.  Any  person,  persons  or  corporation,  who  shall  violate 
PenaUies.  any  of  the  provisions  of  this  ordinance,  shall  forfeit  and  pay  a 
fine  of  fifty  dollars  for  each  and  every  oftence,  and  ten  dollars 
for  each  and  every  day  thereafter  the  said  violation  continues, 
to  be  recovered  as  other  fines  and  forfeitures  are  now  recover- 
able. 


DYNAMITE,  NITRO-GLYCERINE,  &c. 

No^a4,s.  i,M8r.  (57,  It  shall  not  be  lawful  for  any  person,  persons,  or  body 
Noexpiosive     corporatc,  to  manufacture  within  the  limits  of  the  city  anyex- 

tnalenal  or  com-  '^  J  J 

ma"nuflctured    P^osive  material  or  compound,  to  be   used  for   the  purpose  of 

itsofcity."  '"""  blasting  or  mining,  or  for  any  other  purpose,,  the  manufac- 
ture  of    which    would    be   dangerous    to    life    and    property, 

Penalty.  uudcr    the    penalty    of    one   hundred    dollars,   and  a  further 

penalty  of  fifty  dollars  for  each  and  every  day  that  such 
explosive  material   or  compound   may  be  manufactured,  after 

Notice  from      propcr    notification    for   discontinuance    thereof  by   the    P'ire 

i  ire  Inspector.     '        *■  •' 

Inspector. 

ibid,s.2.  68.     It  shall  not  be  lawful  to  store  or  keep  in  any  building 

Not  lawful  to     or  shed,  or  deposit  upon  any  vacant  lot,  or  convey  through  any 

store  or  keep  in        .      ,  ,  , ,  /•      i  •  i 

any  b  .nding  or  ot  the  strects,  laucs  or  alleys  ot  the  city,  any  dynamite,  nitro- 

shed,  or  convey  .  "^       .  '. 

throuKhihe      glyccrinc,  or  any  othcr  cxolosivo  material  or  compound  other 

strcet.s  explo-       o  ./  >  ./  i  i 

comVo'nndwVth-  ^^^^"  gwiipowdcr,  uulcss  a  permit  in  writing  for  such  i)urpose 
'uomtiilToT.  or  purposes  be  first  obtained  from  the  Mayor,  under  a  penalty 
Penalty.  of  fifty  dollars  for  each  and  every  offence,  and  a  further  penal- 

ty of  fifty  dollars  for  each  and  every  day  that  such  explosive 
material  or  compound  may  remain   stored,  kept,  deposited  or 


Fire.  307 

Article  XX. — Ordinances. 


conveyed,  as  the  case  may  be,  after  the  proper  notification  from 

the  Mayor  or  Fire  Inspector  for  a  compliance  with  the  provi-  Notice. 

sions  of  this  section. 

69.  In   all   buildings  in    which  any  explosive  material  oriwd,  s.  3. 
compound,  as  regulated  by  the  preceding  two  sections,  stored  or  Tin  sign  to  be 

r  ^  r)  J  I  n  placed   on  door 

kept  under  a  permit  obtained   from  the  Mayor,  it  shall  be  the  ^^ jj^^''g^J°s  '"^ 
duty  of  the  ])erson  or  persons  so  storing  it,  to  place  a  tin  sign  comp"ormdi?i  "^ 
on  the  door,  or  some  other  conspicuous  place  on  the  ontside  of 
the  first  story  of  such  building,  on  which  shall  be  painted  in 
legible  letters,  the  name  of  the  material  or  compound  so  stored 
or  kept,  under  a   penalty  of   twenty  dollars,  and   a  further  Penalty. 
penalty  of  ten   dollars  for  each  and  every   day  after  proper 
notification  from  the  Mayor  or  Fire  Inspector  until  such  sign  as  Notice. 
above  designated  shall  be  posted. 

SHAVINGS. 

70.  It  shall  not  be  lawful  for  any  person  or  persons  to  deposit  No.  35,  s.  la,  b. 
in   any  street,  lane  or  alley,  or  any  vacant  lot,  except  at  the  shavmgs  ^to^be 
distance  of  at  least  three  hundred  feet  from  any  building,  or  burnt. 
lumber  yard,  any  shavings,  chips  or  other  combustible  matter  ; 

and  it  shall  be  the  duty  of  every  person  or  persons,  who  shall 
remove  such  combustible  matter  to  such  place  as  is  hereby 
permitted,  to  burn  them  or  cause  them  to  be  burnt,  before  five 
o'clock  in  the  evening  of  the  day  on  which  they  are  so  de- 
posited ;  and  every  person  offending  against  the  provisions  of 
this  section  shall  forfeit  and  pay  a  sum  not  exceeding  twenty  Penalty. 
dollars. 


308  Gaming. 

Article  XXI. — Ordinance. 


ARTICLE  XXL 

GAMING. 


ORDINANCE 


1.  Penalty    for    fraudulent   gaming 

and  betting. 

2.  Penalty  for  gaming  in  ordinaries : 

liability  for  keeping  of  ordina- 
ries. 

3.  Penalty  for  keeping  gaming  tables, 

&c. 


Police  to.  give  information  and 
suppress  gaming  :  mode  of  pro- 
ceeding :  penalty  for  refusing  to 
open  rooms  to  police. 

Horse  racing  prohibited. 

Long  bullets  prohibited. 


ORDINANCE. 

No.36  s.i,R.o.      1.     If  any  person  or  persons  shall,  within  the  city  of  Bal- 
Penaityfor       tiinorc,  by  atjy  fraud,  cozenage,  deceit,  unlawful  device,  or 

fraudulent  gam-        _  .  ,        .  .,,,,. 

iiig  and  betting,  gyil  practicc  wliatsoevcr,  in  playing  at  or  with  cards,  dice  or 
any  other  game  or  games,  play  for,  win,  obtain  or  acquire 
to  him  or  themselves,  or  others,  any  sum  or  sums  of  money 
or  other  valuable  thing,  or  shall,  knowing  of  such  fraud, 
bear  a  share  or  part  in  the  wager,  stake  or  adventure  so 
played  for,  or  shall,  with  the  like  knowledge,  bet  on  the  side 
or  hand  of  such  gamesters,  every  such  person  being  thereof 
convicted,  shall  for  every  offence  forfeit  and  pay  twenty  dol- 
lars.* 

*  P.  6.  L.,  Art.  30,  sees.  56  to  66,  relating  to  gaming,  is  as  follows : 

56.  No  person  shall  keep  any  gaming  table,  or  any  house,  vessel  or  place, 
on  land  or  water,  for  the  purpose  of  gambling. 

57.  Every  faro  table,  B.  O.  table,  equality,  or  any  other  kind  of  gaming 
table,  (billiard  table  excepted,)  at  which  any  game  of  chance  shall  be  played 
for  money  or  any  other  thing,  shall  be  deemed  a  gaming  table. 


Gaming.  309 

Article  XXI. — Ordinance. 


2.     If  any  person  or  persons  shall  at  any  time,  in  any  or-  imci,  s.  a. 

dinary  or  licensed  house  of  entertainment  within  the  city,  penalty  for  gam- 
ing in  orUina- 

or  in  any  house  attached  thereto,  or  upon  the  lot  or  premises  "es. 

whereon  such  licensed  house  is  or  may  he  situate  or  erected, 

win  or  lose  one  cent  or  upwards,  or  the  value  thereof,  at 

cards  or  any  other  game,  every  such  person  or  persons  on 

conviction  thereof,  shall  forfeit  and  pay  one  hundred  dollars 

for  every  offence  ;  and  if  any  ordinary  keeper  shall  suifer  or  uabiutyof 

keepers  of  ordi- 

permit  any  person  or  persons  to  lose  one  dollar  or  upwards,  naries. 
oi;  the  value  thereof,  at  any  time  in  his  house,  at  any  game 
or  games  whatsoever,  knowing  the  same,  he  shall  forfeit  and 
pay  for  every  such  offence  the  sum  of  one  hundred  dollars. 

58.  No  person  shall  lease  or  rent  any  house,  vessel  or  other  place  to  be 
used  for  gambling. 

59.  Any  person  keeping  a  gaming  table,  or  other  place  for  gambling,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  fined  or  im- 
prisoned at  the  discretion  of  the  court,  not  exceeding  five  hundred  dollars 
or  six  months. 

60.  If  the  owner,  tenant  or  occupier  of  any  house,  vessel  or  other  place, 
shall  knowingly  permit  any  gaming  table  to  be  kept  therein,  he  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  suffer  the  penalties 
prescribed  in  the  preceding  section. 

61.  Any  person  who  may  lose  money  at  a  gaming  table,  may  recover 
back  tlie  same  as  if  it  were  a  common  debt,  and  may  be  a  competent  witness 
to  prove  the  sum  he  lost,  but  no  person  shall  recover  any  money  or^  other 
thing  wliich  he  may  have  won  by  betting  at  any  game,  or  by  betting  in  any 
manner  whatsoever. 

62.  All  games,  devices  and  contrivances  at  which  money  or  any  other 
thing  sliall  be  bet  or  wagered,  shall  be  deemed  a  gaming  table  within  the 
meaning  of  the  preceding  sections. 

63.  Any  person  who  shall  win  any  money  or  other  thing  by  the  thimbles, 
or  what  is  called  the  little  joker,  or  by  any  other  device,  or  fraudulent  trick 
whatsoever,  on  conviction  thereof,  sliall  be  imprisoned  not  less  than  six 
months  nor  more  tlian  two  years,  and  fined  not  exceeding  one  hundred 
dollars. 

64  The  courts  shall  construe  the  preceding  sections  relating  to  gambling 
and  betting  liberally,  so  as  to  prevent  the  mischiefs  intended  to  be  provided 
against. 

65  No  person  shall  refuse  to  testify  concerning  any  gaming  or  betting  be- 
cause his  testimony  would  implicate  himself,  but  when  any  such  person  is 


310  Gaming. 

Article  XXI.— Ordinance. 


Ibid,  s. 3.  3.     If  any  person  or  persons  shall  within  the  city  set  np, 

Penalty  for       keep  or  maintain  any  E.  0.,  A.  B.  C,  rooley  pooley  or  faro 

keeping  gaming  '^  .  ^  ^    i.  J 

tables,  &c.  table,  faro  bank  or  device,  or  game  of  hazard  or  address, 
(except  games  licensed  under  Article  XXXIII,  Licenses,)  for 
the  purpose  of  public  gaming,  such  person  or  persons  shall  for 
each  and  every  offence  forfeit  and  pay  fifteen  dollars  on  con- 
viction thereof;  and  the  occupier  or  occupiers  of  the  house, 
out  house  or  place  in  which  such  public  gaming  takes  place, 
shall  forfeit  and  pay  twenty  dollars  for  each  and  every  day 
such  game  is  played,  or  such  E.  0.,  A.  B.  C,  rooley  pooley 
or  faro  bank,  faro  table  or  other  device  for  the  purposes  afore- 
said, shall  be  set  up,  kept  or  maintained  on  his  or  their 
premises. 

required  to  testify  in  belialf  of  the  Stale,  he  shall  not  be  prosecuted  for  any 
offence  to  which  his  testimony  relates. 

66.  All  constables  and  police  officers  are  required  to  visit  all  places  where 
they  shall  have  reason  to  suspect  gaming  tables  are  kept,  and  to  have  all 
persons  prosecuted  offending  against  the  laws  prohibiting  gambling. 

If  a  billiard  table,  excepted  from  the  penalties  of  an  act,  were  in  fact  used 
as  a  faro  table  ipso  facto,  it  would  lose  its  privilege.  Tits  State  v.  .Price,  12 
G.  &  J.,  260. 

It  is  not  indispensable  that  an  indictment  for  keeping  a  gaming  table, 
framed  under  the  act  of  1826,  c.  88,  [sec.  57,]  should  set  forth  an  ex- 
press negation  of  the  exception  of  billiard  tables.  And  if  the  indictment 
be  in  the  language  of  the  statute,  it  is  sufficient ;  and  if  the  indictment 
charges  for  keeping  a  gaming  table,  "called  a  faro  table,"  these  last  words 
are  unnecessary.  That  a  faro  table  is  not  a  billiard  table,  is  a  fact  witliin 
the  knowledge  of  the  community  at  large ;  and  there  is  no  presumption  of 
law  or  fact  to  prevent  the  court  from  judicially  knowing  what  a  faro  table 
is.     Tlie  State  v.  Price,  12  G.  &  J.,  260.    See  Rawli7i(j  v.  Tlie  State,  2  Md.  201. 

Money  lost  by  gaming  may  be  recovered  under  Stat.  9  Anne,  c.  14,  [sec. 
61,]  in  an  action  for  money  had  and  received,  though  the  winner  received 
payment  of  the  sum  won  in  goods.  Held,  that  evidence  that  the  plantiff 
gave  the  defendant  orders  for  goods  to  the  amount  of  the  money  won,  which 
goods  the  defendent  obtained  and  the  plaintiff  afterwards  paid  for,  was  suf. 
ficient  to  support  the  declaration.    Hook  v.  Boteler,  3  H.  &  McH.,  348. 

The  Stat.  9  Anne,  c.  14,  making  void  all  securities  given  for  gambling 
considerations,  is  in  force  in  this  State ;  there  is  nothing  in  the  act  of  1813, 
c.  84,  [sec.  61,]  or  any  previous  law,  which  either  in  express  terms,  or  by 


Gaming.  311 

Article  XXI. — Ordinance. 


4.     It  shall  be  the  duty  of  the  police  officers  to  give  iufor-  iwd,  s.  4. 
mation  to  the  Mayor  or  other  raagistrate,  of  each  house  or  Poucetogive 

.  .  .  ini'urmatiou. 

other  place  within  the  city  wherein  such  games  or  devices 

or  tables  for  the  purpose  of  gaming  are,  or  may  be  set 

up,  kept  or  maintained  ;  and  the  said  police  officers  shall  take 

all  lawful  means  to  suppress  and  prevent  the  playing  at  the  And  suppress 

tables,  games  or  devices  as  aforesaid ;  and  for  this  purpose, 

when  and  as  often  as  any  one  of  them  shall  have  reasonable 

cause  to  suspect  that  any  such  table,  game  or  device  is  set 

up,  kept  and  maintained  as  aforesaid,  he  shall  apply  to  a  Mo.ie of  pro- 

justice  of  the  peace  for  a  warrant,  and  shall  state  under  oath 

the  cause  of  such  suspicion,  whereupon  the  said  justice  may, 

in  his  disct-etion,  grant  a  warrant  to  any  police  officer  or 

officers,  authorizing  him  or  them  to  enter  such  house,  houses 

or  place,  or  any  room  within  the  same  ;  and  the  said  police 

officer  or  officers  shall  thereupon  have  authority  to  demand 

entry  therein  ;  and  any  person  who  shall  refuse  or  neglect 


necessary  implication  repeals  it.  Equity  will  grant  relief  against  a  judg- 
ment at  "law  upon  a  bond  given  lor  a  gambling  consideration,  though  no 
such  defence  was  made  in  the  suit  at  law,  and  it  makes  no  difference  that 
the  judgment  was  recovered  by  a  bona  fide  assignee  for  value  and  without 
notice.  If,  when  executed,  the  bond  was  intended  by  the  obligor,  to  secure 
the  payment  of  money  won  of  him  by  the  obligee,  who  took  and  held  the 
security  for  that  purpose,  it  was  void  when  given,  and  a  subsequent  discov- 
ery, by  the  obligor,  that  he  was  the  winner  instead  of  loser,  will  not  make  it 
less  obnoxious  to  the  laws  against  gambling.  Gough  v.  Pratt,  adm.  Tfmnas 
v.  Watso7i,  in  note,  9  Md.  526. 

P.  G.  L.  Article  30,  sec.  56,  provides,  that,  "  no  person  shall  keep  any 
gaming  table,  or  any  house,  vessel  or  place,  on  land  or  water  for  the  purpose 
of  gambling,"  and  by  section  59,  any  person  keeping  a  gaming  table,  or 
other  place  for  gambling,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  &c.  A  count  in  an  indictment  under  this  article  which 
avers  that  the  accused,  at  a  certain  time  and  place  did,  for  gambling  purpos. 
es  then  and  there  keep  a  certain  place,  to  wit :  a  certain  room  in  his  hotel 
for  gambling  then  and  there,  contrary  to  the  statute,  sufficiently  charges 
the  offence  within  the  statute.  The  offence  is  not  confined  to  keeping  a 
gaming  table,  but  the  keeping  of  any  house  or  other  place,  for  the  P"rpose 
of  gambling,  is  within  the  letter  of  the  law.  WhMer  v.  The  State,  42  Md. 
563. 


312 


Gaming. 


Article  XXI. — Ordinance. 


Ibid,  s.  13. 

Horse  racing 
prohibited. 


to  open  the  door  or  entrance  to  such  honse,  houses  or  place, 
Penalty  for  re-  or  any  rooui  withiu  the  same,,  upon  application  of  any  police 

fusing    to  open 

rooms  to  police,  officer  liavmg  such  a  warrant,  for  every  oifence  shall  forfeit 
and  pay  twenty  dollars. 

5.  No  person  or  persons  shall  within  the  city  of  Balti- 
more, enter,  start  or  run  any  horse,  mare  or  gelding,  for 
any  plate,  prize,  sum  of  money  or  thing  of  value ;  and  in 
case  any  person  or  persons  shall  enter,  start  or  run  any  horse, 
mare  or  gelding  within  said  city,  for  any  plate,  prize  or  sum 
of  money  or  other  thing  of  value,  each  and  every  such  per- 
son, and  each  and  every  owner  of  such  horse,  mare  or  geld- 
ing, knowing  and  consenting  to  the  same,  shall  severally 
forfeit  and  pay  the  sum  of  five  hundred  dollars  for  each  and 
every  offence. 

6.  It  shall  not  be  lawful  for  any  person  or  persons  to 
play  at  the  game  commonly  called  long  bullets,  or  by  whatever 
name  the  same  may  be  hereafter  called,  within  the  limits  of  the 
city,  under  a  penalty  of  two  dollars  for  each  and  every 
offence.* 


Ibid,  8.  15. 

Long  bullets 
prohibited. 


*  See  Licenses,  Art.  XXXIII,  and  Sabbath  Breaking,  Art.  XLII. 


Hakboe,  Docks  and  Whakves. 


313 


Article  XXII. 


ARTICLE  XXII. 


HARBOR,  DOCKS  AND  WHARVES. 


STATUTES 


1.  Corporation  to  provide  for  pre- 

servation of  navigation  in  basin 
and  Patapsco. 

2.  Tlirowing  obstructionp  in  river, 

&c. 

3.  Penalty. 

4.  Power  to  regialatc   mooring  of 

vessels. 
.  5.   Power   to    snrvey    harbor    and 
rivers  and  erect  buoys. 

6.  To    remove    obstructions    from 

harbor:  to  levy  tonnage. 

7.  To   pass    ordinances  to   i>rotcct 

wharves  and  harbor. 

8.  Fines. 

9.  Limits  of  wharves. 

10.  Penalty. 

11.  Pay    of    harbor    master    from 

vessels. 
13.   Mode  of  enforcing. 

13.  Tonnage  duty  on  lumber. 

14.  Power  to  appoint  harbor  mas- 

ters, &c. 

DOCKS. 

15.  Corporation  to  have  control  of 

docks. 

16.  Entitled  to  land  made  by  im- 

provements: proviso. 

17.  Obstructing  passage  in  Smith's 

dock  or  a  private  dock,  &c. : 
penalties. 

18.  "W  hat,  the  term  vessel  to  include. 


19.  Vacant  place :  penalty. 

20.  When  vessel  obstructing  passage 

to  make  room :  penalty. 

21.  Penalties,  how  recovered. 

WnARPlNGEIl   AND   WIIARVKS. 

22.  Appointment  of  wharfinger. 

23.  Bond. 

24.  Where  bond  to  be  filed. 

25.  Duty  of    wharfinger:    to  take 

charge  of  wharves :  to  collect 
wharfage. 

26.  His  powers  over  wharves,  ves- 

sels, &c. :  fines. 

27.  To  deposit  receipts,  and  where 

and  how:  compensation. 

28.  To    account    to    treasurer,  and 

when. 

29.  To   preserve  wharves   from  in- 

30.  How  wharfage  to  be  collected. 

31.  What  wharfage  to  be  collected. 

32.  Wood    inspector    to    report   to 

wharfinger  wood  landed  on 
wharves:  to  collect  wharfage 
on,  and  what. 

33.  Salary  of  wharfinger. 

34.  Pratt    street    wharf,    a    public 

wharf. 

35.  What    wharf   wharfinger    may 

rent:  proviso. 

36.  Wharfage    not    chargeable    on 

vessels  with  tobacco  at  tobacco 
warehouses:  proviso. 


314 


Harbok,  Docks  and  Wharves. 


Article  XXII. 


37.  Boat  with  tobacco  to  liave  pref- 

erence. 

38.  Wood  and  lumber,  where  not  to 

be  landed. 

39.  Penalty. 

40.  How  recovered. 

41.  Duty  of  justice  of  the  peace. 
43.    Power  of  corporation  to  regulate 

wharves. 

43.  Rate  of  wharfage. 

WOOD  ON  WHARVES. 

44.  Penalty  for  excessive  wharfage 

on  wood. 

45.  Wood  may  be  landed  on  State 

wharves :  not  to  interfere  witli 
tobacco. 

46.  Wharfage  on  wood. 

HAKBOR  AND   RIVER  RELIEF  BOARD. 

47.  Incorporated. 


48.  Duty  of  board :    vessel   to  keep 

harbor  free  from  ice. 

49.  Superintendent  and  officers,  &c., 

of  vessel :  how  vessel  to  be 
employed :  proviso. 

50.  Annual  statements  of    receipts 

and  expenditures:  reports  to 
Legislature  and  Mayor  and 
Council :  what  to  be  paid  into 
treasury,  &c. 

51.  Requisitions    for    money    upon 

Comptroller,  &c. :  use  of  city 
wharf  property. 

52.  Powers  of  board. 

53.  Members  to  receive  no  salary, 

&c.:  oath  :  oath  to  be  recorded  : 
fees :  evidence. 

BASIN    NUISANCE. 

54.  Act  relating  to. 


ORDINANCES. 


HARBOR  BOARD. 

1.  Appointment  of  Harbor  Board  : 
of  whom  to  consist :  term  of 
office. 

3.  Authorized  to  receive  and  dis- 
burse moneys  received  from 
auction  duties :  liow  such 
moneys  applied. 

3.  Advertisements  for  proposals  for 

work  in  harbor  and  channels 
of  Chesapeake  bay  and  Pa- 
tapsco  river  below  Fort  Mc- 
Henry:  bids  to  be  opened  in 
public:  to  whom  contract 
awarded  :  when  no  acceptable 
bid  obtained. 

4.  Avoidance  of  obstruction  or  in- 

terference to  vessels  or  busi- 
ness. 

5.  How  bids  to  be  accompanied: 

bond  :  what  per  centum  to  be 
retained  :  City  Solicitor  to  cer- 
tify to  bond. 


0.    Meetings  of  board. 

7.  Annual    report    to  Mayor  and 

City  Council. 

8.  No  member  of  Board  to  be  in- 

terested in  contract,  &c  ,  in  re- 
lation to  work  on  harbor,  &c. : 
when  contracts  void  and  office 
vacated. 

9.  Appointment  of  civil  engineer, 

clerk  and  supervi.sors  of  dred- 
ges, &c.:  oath:  duties:  sala- 
ries :  assignments  to  work : 
bonds  to  be  approved  by 
Mayor. 

10.  Soundings  of  harbor. 

11.  Property   of  port .  warden's  de- 

partment. 
13.  Authority  of  board  as  to  vessels 
sunk  in  harbor:  fine  on  owner 
or  agent  of  vessel  not  remov- 
ing :  when  board  to  remove : 
when  City  Counselor  to  bring 
suit. 


Hakbor,  Docks  and  Wharves. 


315 


Article  XXII. 


13.  EncroarhmentP  on  harbor :  duty 

of  Mayor:  suit.  i 

14.  Building  or  repairing  wharves: 

examination  of  private 
wharves:  notice  to  rebuild  or 
repair:  penalty:  expense  of 
owner. 

15.  llepairing    below    high    water 

mark  :  injunction  :  penalty. 

16.  No  dirt,  stones,  &c.,  to  be  thrown 

in  basin  or  any  stream  within 
city  limits  without  permission  : 
penalty. 

17.  Control   over  aflTair.'^    connected 

with  harbor :  appropriations. 

18.  Board    to    remove  sediment  at 

mouths-of  sewers. 


IIAUUOU   AND   HARBOn   MASTERS. 


19. 
20. 


21. 


22. 


23. 


24. 
25. 

26. 
27. 

28. 

29. 

30. 

31. 

32. 

33. 


Harbor  masters:  their  duties. 

Return  from  sixth  harbor  mas- 
ter to  Register:  his  compensa- 
tion. 

Rates  of  wharfage:  lumber  and 
fire  wood. 

Notice  to  remove  lumber,  &c. : 
penalty. 

Rates  to  be  charged  when  lum- 
ber sixteen  feet  from  wharf 
front. 

Persons  landing  lumber,  &c. 

Harbor  ma.ster  or  deputy  not  to 
deal  in  wood. 

Tonnage  duty. 

Penalty  for  refusing  to  exhibit 
license  of  vessel. 

Penalty  for  obstructing  ingress 

and  egress  of  vessels. 
Penalty  for  neglecting  to  pay 
wliarlage. 

Propellers,  barges  and  canal 
boats  to  pay  tonnage. 

Monthly  returns  to  Register: 
compensation. 

Vessels  lying  at  the  public 
wharves. 

Yards,  &c.,  regulated. 


34.  Wharfage,  how  collected. 

35.  Harbor  masters'  books. 

36.  Fires  on  board  vessels  regulated. 

37.  Limits  in  which  vessels  may  not 

remain  at  anchor. 

38.  Vessels  not  to  enter  public  docks 

without  permission:  penalty. 

39.  Public   wharf   on   Pratt  street: 

proviso. 

40.  Retailing    goods    prohibited  on 

said  wharf. 

41.  Retailing  goods  at  public  wharves 

regulated. 

42.  Certain  vessels  not  to  enter  dock 

witliout  permission. 

43.  Vessels  not  to  lay  in  second  tier 

without  permission. 

44.  Vessels  to  be  pumped  out  once  a 

week. 

45.  Notice  of  regulations  to  be  served 

on  masters  of  vessels. 

46.  Vessels  not  to  be  hove  down,  or 

wharves  obstructed  without 
permission. 

47.  Ballast,  &c.,  not  to  be  put  on 

board  without  permission. 

48.  Nor  landed  without  permission. 

49.  Vessels  in  ballast  to  haul  to  a 

wharf:  proviso. 

50.  Ashes,    shells,    &c.,   not    to    be 

thrown  in  harbor :  penalty. 

51.  Duties  of   harbor    masters  and 

police. 
53.    Ballast,  dirt,  oyster  shells  not  to 
be  thrown  in  harbor :  penalty. 

53.  Fish,  crabs,  gas  tar,  offal,  &c.: 

penalties. 

54.  Gas  light  company,  &c.,  not  to 

discharge  gas  tar  or  dregs: 
penalty. 

55.  Anchorage  buoy :  where  vessels 

to  anchor :  penalty. 

56.  Vessels  not  to  anchor  in  chan- 

nels of  harbor  between  Fort 
McHenry  and  Light  street 
wharf:  penalty. 


316 


Harbok,  Docks  and  Wharves. 


Article  XXII. 


■WIIAKVES. 

57.  Wliarfage :  charge  upon  vessels : 

charge  upon  fire  wood  :  dock- 
age to  be  paid  by  certain  ves- 
sels. 

58.  Further  rates  of  wharfage :  two 

or  more  vessels  belonging  to 
the  same  persons. 

59.  Rates  of  goods  landed    on    or 

shipped  from  public  wharves. 

60.  Harbor    masters  to    make  re- 

turns. 

61.  Vessels    which    are    chargeable 

with  city  wliarfage. 

62.  Master  or  owner  responsible. 

63.  Goods    placed    on    the    public 

wharves,  when  to  be  removed : 
articles  excepted. 

64.  Fire  wood,  lumber,  &c.,  on  the 

public  wharves  regulated: 

65.  Fire  wood  and  lumber  not  to  be 

landed  on  Bowly's  wharf 
without  permission. 

66.  Rates  of  wharfage  on  lumber. 

67.  Space  vessels  may  occupy:  scows 

regulated :  proviso. 

68.  Encroaching  on  Pratt  and  Light 

street  wharves. 

69.  Fire  wood,  &c.,  on  Light  street 

wharf. 

70.  Piling  cord  wood  on  Light  street 

wharf. 

71.  How  long  cord  wood  to  remain 

on  that  wharf. 

72.  Penalty. 

73.  Wood  or  lumber  not  to  be  landed 

on  McElderry's  or  Dugan's 
wharf. 

74.  Not  more  than  one-third  to  be 

occupied:  penalty. 

75.  Vessels  not  to  remain  more  than 

four  days :  penalty. 

76.  Goods  on  public  wha,rves  regu- 

lated. 

77.  Wharves  reserved    for    tobacco 

warehouses. 


78.  When  fishermen  to  have  exclu- 

sive use  of  wharf. 

79.  Goods    belonging    to  unknown 

persons  to  be  removed. 

80.  When  and  how  said  goods  may 

be  sold. 

81.  Nuisances  to  be  removed. 

82.  Carts,  &c.,  at  public  wharves. 

83.  Harbor  masters  to  collect  penal- 

ties :  to  account  monthly  and 
pay  to  Register:  booths,  &c., 
regulated. 

84.  Goods  in  transition   not  to  be 

charged  wharfage  for  less  than 
one  day. 

85.  Gang  planks  at  wharves. 

86.  Penalty. 

DRIFTING  OP  ARKS  AND  LUMBER. 

87.  Arks,  &c.,  not  to  drift  in  harbor: 

penalty :  proviso. 

88.  Duty  of  harbor  masters. 

89.  Penalty,  &c.,  how  recovered. 

90.  Penalty  for    setting    arks,  &c., 

adrift. 

STEAMBOATS. 

91.  Speed  regulated  :  penalty. 

KEEPER  OP   HARMAN^S  BRIDGE. 

92.  Duties:  salary. 

KEEPER  OP  DRAWBRIDGE. 

93.  Appointment :  his  duties. 

94.  Salary. 

95.  Penalty  for  opening  bridge  with- 

out consent  of  keeper. 

BATHING. 

96.  Bathing    within    certain    limits 

regulated:  penalty. 

PORT  warden's   line. 

97.-  Regulations  for  extending 
wharves  and  piers  into  harbor: 
act  of  1876,  and  report  of  com- 
missioners appointed  there- 
under. 


Harbor,  Docks  and  Wharves.  317 

Article  XXII.— Statutes. 

STATUTES. 
'  HARBOR. 

1.  Tlio  Mayor  and  City  Council  have  power  to  provide  p.  l  l.,  ait.  4, 
for  the  i)re8ervation  of  the  navii^ation  of  the  basin  and  Pa- corporation  to 

_       _  provide  for  pre- 

tapsco  river,  within  the  limits  of  the  city,  and  within  four  "crv.ation  of 
miles  thereof,  and  for  cleaning  and  deepening  the  basin  and  taps"j!'"' ^''" 
docks,   and  for    regulating  the   stationing,  anchoring  and 
moving  of  vessels. 

2.  No  person,  his  servant  or  agent,  shall  put  or  throw  imu,  sec. 794. 
into  the  Patapsco  river,  or  any  of  the  navigable  branches  Throwing  ob- 

*■  >  "I  "  struclions  in 

thereof,  any  earth,  sand  or  dirt,  or  lay  out  on  the  beach  or  river, &c. 
shore  of  said  river  below  common  high  water  mark,  any 
earth,  sand  or  dirt,  unless  such  earth,  sand  or  dirt  be  first 
well  secured  by  stone  walls,  dovetailed  log  pens  or  otherwise, 
so  that  no  part  thereof  may  wash  into  said  river  or  the  navi- 
gable branches  thereof. 

3.  Any  person  offending  against  the  provisions  of  the  last  ibid,  sec.  795. 
preceding  section,  shall  forfeit  and  pay  the  sum  of  fifteen  Penalty. 
dollars,  to  be  recovered  before  a  justice  of  the  peace,  as  in  case 

of  small  debts,  one-half  to  the  State  and  the  other  half  to 
the  person  who  shall  sue  for  the  same. 

4.  The  Mayor  and  City  Council  shall  have  full  power  and  ibid,  s.  795. 
authority  to  make  such  rules,   regulations  and   ordinances  Power^to^rogu-^ 
from  time  to  time,  respecting  the  mooring  and  safe  station- vessels. 

ing  of  all  vessels  arriving  in  said  port,  as  they  shall  deem 
necessary. 

5.  The  Mayor  and  City  Council  may  make  an  exact  survey  n,id,  sec.  203. 
and  chart  of  the  basin,  harbor  and  river  Patapsco,  and  may  Po-r,Tv7r 
ascertain  the  depth  and  course  of  the  channel  of  the  same,  and  erect  buoys. 
and  if  necessary  affix  buoys  or  water  marks  for  facilitating 

and  rendering  more  safe  the  navigation  thereof. 


318 


Harbor,  Docks  and  Wharves. 


Article  XXII. — Statutes. 


Ibid,  sec.  264.  6.  They  may  CRUSG  the  basin  and  harbor,  or  such  parts 
To  remove  ob-  thcreof  as  they  may  deem  i)roper,  to  be  cleansed,  scoured, 
harbor.  clcarcd,  and  ballasted,  and  all  obstructions  and  annoyances 

in  and  upon  the  same,  whether  from  vessels  sunk  or  from 
any  other  cause,  to  be  removed,  andmay  levy  a  tonnage  duty 
of  two  cents  per  ton  on  every  vessel  entering  or  clearing  at 
said  port. 

7.     They  may  pass  such  ordinances  as  they  nuiy  deem  pro- 
p'jr  respecting  wharves  and  wharfage,  and  the  keeping  of 


To  levy  ton- 
nage. 


Ibid,  sec.  liJSS. 


To  pass  ordin- 
Biices  to  prelect 

hi'ibo?^""*  wharves  in  repair  so  as  to  prevent  their  injuring  the  harbor 
or  basin,  and  for  preventing  vessels  from  casting  filth  or 
ballast  into  the  same,  and  to  iirevent  filth,  earth  or  soil  from 
being  thrown  from  the  wharves  or  land  into  the  said  basin 
or  harbor  so  as  to  fill  up  the  same  or  obstruct  the  navigation 
thereof. 


Ibid,  sec,  260. 
Fiaes. 

Ibid,  sec.  -^67. 

Limits  of 
wharves. 


8.  They  may  impose  fines  for  the  breach  of  any  ordinance 
passed  under  the  preceding  section  not  exceeding  one  hun- 
dred and  fifty  dollars. 

9.  No  wharf  shall  be  run  out,  made,  altered,  enlarged  or 
extended  so  as  to  divert  the  course  of  the  channel,  obstruct 
the  harbor  or  basin,  or  to  the  injury  of  the  same  ;  and  no 
person  shall  make,  alter  or  extend  any  wharf  without  laying 
before  the  Mayor  and  City  Council,  or  some  officer  by  them 
for  that  i)urpose  appointed,  a  plan  of  said  wharf,  and  obtain- 
ing the  consent  of  the  Mayor  and  City  Council  to  carry  the 
same  into  effect.* 


*By  resolution  No.  185,  April  22,  1876,  the  law  officers  of  the  City  were 
directed  to  give  the  proper  legal  notice  to  all  persons,  firms  or  corporations, 
engaged  in  erecting  piers,  platforms,  wharves,  bulkheads  or  warehouses  which 
extend  into  the  waters  of  the  harbor,  to  discontinue  all  operations  in  that 
direction  until  plans,  plats  or  diagrams  ot  the  proposed  structures  shall  have 
been  filed  by  said  individuals,  firms  or  corporations,  and  examined  and  ap- 
proved by  the  Mayor  and  City  Council,  and  permission  be  granted  to  erect 
the  same  in  accordance  with  section  9.  See  sec.  97,  ordinances  of  this  ar- 
ticle. 


Harbor,  Docks  and-  Wharves.  319 

Article  XXII.— Statutes. 

10.  If"  any  person  shall  violate  the  provisions  of  the  last  ibid,  sec.  aes. 
preceding  section,  the  Mayor  and  City  Council  niay  recover,  Penalty. 
by  warrant  before  a  justice  of  the  peace,  a  sum  not  exceed- 
ing two  hundred  and  fifty  dollars,  and  may  forthwith  cause 

the  said  wharf  to  be  demolished. 

11.  The  harbor  master  of  the  port  of  Baltimore  may  de-  ibid,  sec.  -209. 
mand  from  the  cai)tain  or  commander  of  every  foreign  vessel  Pay  of  harbor 

'^  ./  cj  master  from 

coming  into  said  port  for  the  purpose  of  trade  and  commerce,  vessels. 
the  sum  of  five  dollars,  as  an  additional  compensation  for  his 
care  and  diligence  in  the  regulation  of  the  harbor,  and  pro- 
viding a  proper  station  for  said  vessel. 

12.  He   may,  in   case  of  delay  or  refusal  to  make  such  ibid, sec  a/o. 
payment,  sue  for  and  recover  the  same  before  a  justice  of  the  Mode  of  enforc- 
peace,  as  small  debts  are  recovered. 

13.  The  Mayor  and  City  Council  shall  have  full  power  ibid,  sec. -.^71. 
and  authority  to  assess,  levy  and  collect  on  every  thousand  Tonnaee^duty 
feet  of  lumber  floating  into  or  arriving  at  the  port  of  Balti- 
more and  washed  therein,  a  sum  not  exceeding  thirty  cents 

per  thousand  feet  board  measure,  and  not  less  than  fifteen 
cents  per  thousand  feet  board  measure,  (excepting  all  timber  Exception. 
floating  into  or  arriving  at  said  port  for  the  purpose  of  being 
sawed  in  said  city,  or  its  vicinity,  and  all  timber  to  be  used 
for  masts,  spars  and  wliarfing  timber,)  to  be  appropriated 
and  applied  by  the  Mayor  and  City  Council  to  carrying  into 
efiect  the  rules  and  regulations  which  they  may  from  time  to 
time  make  respecting  the  said  harbor  and  port. 

14.  The  Mayor  and   City  Council  may  appoint  as  many  ibid,  sec. -272. 
harbor  masters,  port  wardens,  or  other  officers  or  agents  as  Powor^to»P; 
may  be  necessary  to  execute  the  powers  conferred  by  the  pre-  ^-^^ 

ceding  nine  sections. 

DOCKS. 

15.  The  Mayor  and  City  Council  shall  have  power  to  pass  p.^l.^l.,  arr.  0, 
ordinances  for  cleaning  and  deepening  the  basin  and  docks. 


320  Harbor,  Docks  and  Wharves. 


Article  XXII.— Statutes. 


Corporation  to    and  foi'  re^iulating  the  station,  ancliorinar  and  moorin";  of 

have  control  «f  o  o  }  o  o 

docks.  vessels. 

Entitled  to  land      16.     The  Mavor  and  City  Council  are  vested  with  the  rif^ht 

made  by  im-  _ 

provements.  and  title  to  any  land  made  or  to  be  made  by  them  out  of  the 
water  in  making  and  completing  the  improvements  of  the 
city  dock,  according  to  the  plan  heretofore  adopted  by  them  ; 

Proviso.  provided,  that  nothing  contained  in  this  section  shall  be  con- 

strued to  interfere  with  the  vested  rights  of  individuals. 

1872, c.  4cg.  17.     If  any  vessel  shall  be  lying  in  Smith's  dock,  or  in 

Obstructing  pas-  any  othcr  private  dock  in  said  city,  or  the  entrance  thereof, 

sage  in  Smith's 

dockorapri-     go  as  to  obstruct  auv  vcsscl  that  shall  be  coming  into  the 

vate  dock.  *'  ° 

same,  or  moving  from  one  place  to  another  therein,  or  going 
out  of  the  same,  the  vessel  so  obstructing,  unless  bona  fide 
loading  or  unloading,  shall  be  removed  to  such  place  as  shall 
be  necessary  to  give  room  to  the  passing  vessel,  under  a 
penalty  at  the  rate  of  five  dollars  an  hour  for  the  delay  which 
shall  be  occasioned  to  the  passing  vessel,  to  be  paid  by  the 
master  or  owner  of  the  obstructing  vessel,  unless  in  cases 
where  some  unavoidable  casualty  or  accident  may  make  it 
impracticable  to  remove  the  said  obstructing  vessel ;  and  if 
a  vessel  when  moving  to  make  room  for  another  be  obstructed 
by  any  vessel,  the  master  or  owner  of  such  obstructing  vessel, 
Penalty.  uulcss  whou  loading  or  unloading,  shall  forfeit  at  the  rate  of 

five  dollars  an  hour  during  the  continuance  of  such  obstruc- 
tion, to  be  recovered  by  the  master  or  owner  of  the  passing 
vessel  aforesaid. 

p.  L.  L.,  art.  4,       1 8.     The  term  vessel  in  the  preceding  section  shall  include 

sec.  195.  ^  ° 

what,termves-  boats,  SCOWS  and  arks.  » 

sel  to  include. 

1872,0.408.  19.     No  vessel  shall  enter   Smith's   dock,  or  any  other 

Vacant  place,    private  dock  in  said  city,  without  first  ascertaining  whether 

there  is  a  vacant  place  at  a  wharf  therein  where  she  can  lie, 
Penalty.  uudcr  a  penalty  of  five  dollars,  to  be  paid  to  the  Mayor  and 

City  Council  of  Baltimore. 


Harbob,  Docks  and  Wharves.  321 

Article  XXII.— Statutes. 

20.  All  vessels  which  shall  he  found  obstructing  the  pas-  i87a,  c.  408. 
sage  of  said  docks  shall,  unless  hona  fide  loading  or  unload-  obstructing  pas- 

sage  to  make 

ing,  remove  when  requested  by  the  master  or  agent  of  the  room. 
passing  vessel,  in  such  manner  as  will  give  a  free  and  unob- 
structed passage  to  such  passing  vessel,  under  a  penalty  of  Penalty, 
five  dollars  an  hour  for  each  hour  they  shall  obstruct  such 
passage,  to  be  paid  to  the  master  or  owner  of  such  passing 
vessel,  after  one  notice  shall  have  been  given  to  the  master, 
owner  or  person  in  charge  of  such  obstructing  vessel. 

2 1 .  The  penalties  imposed  by  the  three  preceding  sections  p.  l.  l.,  art.  4, 
maybe  recovered  as  small  debts  before  any  justice  of  the  penalties,  how 

*  recovered. 

peace  for  the  city  of  Baltimore  from  the  master,  owner  or 
person  in  charge  of  the  obstructing  vessel,  for  the  use  of  the 
master,  owner  or  person  in  charge  of  the  vessel  obstructed, 
but  such  penalty  shall  not  be  recoverable  where  the  obstruc- 
tion proceeds  from  any  unavoidable  cause. 

WHARFINGER  AND  WHARVES. 
22      The  Governor,  bvand  with  the  consent  of  the  Senate,  p.G.L.,art.97, 

...  sec.  1. 

shall  bieuniallv  appoint  one  or  more  persons  of  integrity  as  Appointment  of 

•'       ^  "^  wharnoger. 

Wharfingers  in  the  City  of  Baltimore. 

23.  The  person  so  appointed  shall,  before  proceeding  to  ibid,sec.2. 
act,  enter  into  bond  to  the  State  of   Maryland,   with  two  Bond. 
securities  to  be  approved  by  the  Governor,  in  the  penalty  of 

five  thousand  dollars,  conditioned  for  the  faithful  and  impar- 
tial discharge  of  the  duties  of  State  Wharfinger  in  the 
City  of  Baltimore,  according  to  law. 

24.  The  bond  executed  by  said  Wharfinger  shall  be  filed  iMd.secs. 
by  the  Secretary  of  State  among  the  papers  and  documents  j^^'^^,!'""^'*  *" 
in  his  charge,  and  a  copy  thereof  certified  under  his  hand 

and  seal  shall  be  evidence  of  the  execution  and  approval 
thereof,  and  shall  be  good  evidence  in  any  court  of  law  or 
equity  in  this  State. 


.322  Harbor,  Docks  and  Wharves. 

Article  XXII. — Statutes. 

Ibid,  sec. 4.  25.     It  shall  be  the  duty  of  the  State  Wharfinger  so  ap- 

Dutiesofvharf-  pointed  to  take  charge  of  the  wharves  which  he  may  be 

directed  and  authorized  to  take  charge  of  belonging  to,  or 

To  take  charge  rented  by  the  State  within  said  city,  and  to  charge  and  col- 
or wharves,  f  o 

lecfe  from  all  vessels  and  persons  resorting  to  or  using  any 
To  collect  wharf-  of  Said  wharvcs  that  he  may  have  charge  of,  the  rates  of 
wharfage  as  are  now  authorized  by  any  law  or  ordinance 
within  said  city,  or  may  hereafter  be  established  by  the 
Mayor  and  City  Council  of  Baltimore. 

1865, c.  12.  26.     He  sliall  be  vested  with  the  same  powers  in  regard  to 

His  power  over  the  carc  of  said  wharves,  or  such  part  thereof  as   may  be 

wharves,  \essel3 

*":.  under  his  care  and  direction,  and  the  regulating  of  vessels 

and  persons  resorting  to  and  using  them,  as  any  harbor  mas- 
ter or  other  officer  within  the  city  of  Baltimore  ;  and  any  of 
said  persons  who  shall  refuse  or  neglect  to  obey  his  orders, 
given  in  the  execution  of  his  said  powers,  shall  pay  and  forfeit 

Fines.  to  this  State  the  same  fine  that  in  the  like  case  a  person  who 

should  refuse  or  neglect  to  obey  the  orders  of  any  harbor 
master  within  the  said  city,  would  by  virtue  of  the  ordinances 
of  the  city  of  Baltimore,  pay  and  forfeit  to  the  said  city.  He 
shall  also  be  vested  with  the  same  powers  in  regard  to  the 
collection  of  wharfage  and  of  fines  and  penalties  as  any  har- 
bor master  within  the  said  city. 

p.  G.  L.,art.  97,      2*7    .He  shall  deposit  monthly,  in  such  banks  as  the  Treas- 
To  deposit  re-    urcr  shall  designate,  to  the  credit  of  the  Treasurer,  four-fifth 

ceipts,  and 

where  and  how.  part  of  the  amouut  of  all  moneys  which  he  shall  collect  from 
Compensation,  time  to  time  for  wharfage,  retaining  one-fifth  as  a  compen- 
sation for  collecting  the  same. 


Ibid,  sec.  7.  28.     He  shall,  on  the  first  day  of  May  and  November  in 

each  year,  ren 
all  money  coll 
ing  half  year. 


To  account  to  .  cach  ycar,  render  upon  oath  to  the  Treasurer,  an  account  of 
when.    '         all  money  collected  by  him  for  wharfage  during  the  precede 


Harbob,  Dooks  and  Wharves.  323 


Article  XXII.— Statutes. 


29.  He  shall  take  care  of,  and  preserve  from  injury,  all  ibid,  sees. 
wharves  placed  under  his  direction  belonging  to,  or  rented  to  preserve 

whsrvcs  from 

hy,  or  for  the  State,  and  shall  have  all  necessary  control  of  ininry- 
the  same  for  that  purpose. 

30.  He  may  collect  all  wharfage  accruing  to  the  State  in  iwd,  sec.  9. 
the  name  of  the  State  of  Maryland,  before  any  justice  of  the  how  wharfage 

/.         .  1       • ,  to  be  collected. 

peace  or  said  city. 

31.  He  shall  demand  and  collect  for  wharfage  on  all  ves-  ibid,  sec.  lo. 
sels  lying  at  or  opposite  to  any  of  the  public  wharves  in  what  wharfage 
said  city,  a  tonnage  duty  of  one  cent  per  ton  burthen  for 

the  first  tier,  two-thirds  of  a  cent  per  ton  for  the  second  tier, 
and  half  a  cent  per  ton  for  all  vessels  beyond  the  second  tier, 
for  each  day  or  part  of  a  day  they  shall  so  lie  or  remain  ; 
and  if  any  vessel  laden  with  wood  shall  so  lie  without  land- 
ing any  part  of  her  cargo,  no  duty  other  than  the  tonnage 
duty  above  specified  shall  in  that  case  be  demanded  by  the 
State  Wharfinger. 

32.  Whenever  wood  shall  be  landed  on  the  wharves  be-  ibid,  sec.  ii. 
longing  to  the  State,  the  wood  inspector  (if  any  such  there  wood  inspector 

1  1      n  /•      ii       to  report  to 

be.  authorized  bvlaw  to  act,)  measuring  the  same  shall  tortli-  wharfinger  wood 

'  *  '  landed  on 

with  report  to  the  State  Wharfinger  the  number  of  cords  so  wharves. 
landed,  with  the  name  of  the  vessel  from  which  the  same  was 
landed.     Whenever  lumber  shall  be  landed  on  said  wharves, 
the  inspector  of  lumber  (if  any  such  there  be,  authorized  by 
law  to  act,)  shall  report  to  the  State  Wharfinger  the  quantity  Tocoiien 

'  /.  1         /•  1  wharfage  on, 

thereof,  and  he  shall  exact  and  collect  for  wharfage  thereon  and  wuat. 
ten  cents  for  every  thousand  feet  superficial.* 

33.  He  shall,  in  addition  to  the  compensation   allowed  ibid,  sec.  12. 
him  by  section  twenty-seven,  be  allowed  an  annual  salary  of  salary  of  wharf- 
two  hundred  and  fifty  dollars. 

34.  The  wharf  forming  the   south  side   of  Pratt   street  iwd,  sec.  13. 
shall  be  deemed  a  public  wharf,  subject  to  the  regulations  of  Pr^att  s.reet^^^.^ 
the  corporation  of  Baltimore  relative  to  public  wharves,  and  wharf. 

*The  la^s  authori7ihg  inspection  of  wood  and  lumber  were  repealed  by 
act  of  1870,  c.  418.    See  Inspections,  Art.  XXVIII. 


324  Harbor,  Docks  and  Wharves. 

Article  XXII.— Statutes. 

shall  be  under  the  charge  of  the  State  Wharfinger,  and  sub- 
ject to  the  same  regulations  as  other  State  wharves  in  said  city. 

Ibid,  sec,  14.  The  State  Wharfinger  may  rent  any   part  of  the  wharf 

What  wharf     fronting  the  south  end  of  the  State  tobacco  warehouse,  lying 

■wharfinger  may 

rent.  between  Dugan's  and  O'Dounell's  wharves  ;  provided,  the 

Proviso.  said  renting  will  not  in  his  opinion  interfere  with  and  delay 

the  landing  of  tobacco  at  said  warehouse,  and  that  no  con- 
tract for  said  renting  shall  be  for  a  longer  time  than  one 
year,  and  shall  be  approved  by  the  Governor.* 
Ibid,  sec.  15.  36.     No  vessel  shall  be  charged  any  wharfage  whilst  land- 

wharfagenot    ing  any  tobacco  at  the  State  tobacco  warehouse  mentioned  in 

charge,!  ble  on  uj  ./ 

CO  warehVus^'e'"'''  ^^^  prcccding  scctiou  for  inspection  ;  provided,  that  if  any 

with  tobacco.       , 

*The  act  of  1870,  c.  355,  grants  to  James  S.  Morsell,  Jr.,  of  Calvert 
county,  Mason  L.  Weems,  George  F.  Needham,  of  Baltimore  city,  and 
William  B.  Hill,  of  Prince  George's  county,  the  use,  privilege  and  right  of 
the  State  tobacco  wharf  at  No.  3  Tobacco  Warehouse,  in  Baltimore  city, 
free  of  charge,  for  the  term  of  ten  years  irom  the  date  of  the  passage  of  this 
>  act,  for  the  purpose  of  building  a  pier  to  be  used  for  landing  tobacco  and 

other  county  produce,  other  than  cord  wood,  brought  to  the  city  of  Balti- 
more by  the  Patuxent  line  of  steamers  owned  by  the  aforesaid  Mason  L. 
Weems ;  provided,  that  but  one  steamer  of  said  line  shall  lie  at  the  pier  at 
the  same  time  ;  and 

That  thirty  feet  of  the  aforesaid  wharf,  and  eighty  feet  of  said  pier  on  the 
south  side  of  said  pier,  and  one  half  the  length  of  the  same,  shall  be  set 
aside  and  left  exclusively  for  the  use  of  sail  boats  bringing  tobacco  to  the 
State  warehouse,  and  other  country  produce,  other  than  cord  wood,  on  which 
said  produce  or  other  articles  the  State  Wharfinger  shall  collect  wharfage 
according  to  the  rate  of  charges  established  by  the  laws  of  the  State,  the 
same  to  be  governed  and  regulated  as  the  entire  wharf  is  now  regulated  by 
the  laws  of  Maryland,  and  nothing  herein  contained  shall  prevent  sail  vessels 
from  landing  tobacco  and  other  country  produce,  other  than  cord  wood,  upon 
any  part  of  said  pier  set  apart  for  the  use  of  vessels  carrying  tobacco,  in  the 
absence  of  said  steamers ;  provided,  said  sail  boat  shall  not  interfere  with  the 
•  free  ingress  and  egress  of  said  steamers  to  and  from  her  side  of  the  pier,  and, 
further,  it  shall  be  the  duty  of  the  State  Wharfinger  to  enforce  the  pro- 
visions of  this  section ;  and 

That  the  said  pier  shall  be  built  of  good  and  substantial  material,  with  a 
good  shed  thereon,  under  the  supervision  of  the  superintendent  of  labor  and 
agriculture,  and  at  the  expiration  of  ten  years  from  the  date  of  this  act  shall 
revert  to  the  State  of  Maryland  in  good  condition  and  repair. 


Harbob,  Docks  and  Wharves. 


325 


Article  XXII.— Statutes. 


thing  other  than  tobacco  is  landed,  or  any  cargo  is  taken  on  Proviso. 
board,  wharfage  shall  be  charged;  and  no  vessel  shall  lie  at 
said  wharf  for  a  longer  time  than  the  tobacco  inspectors  shall 
deem  reasonable. 

37.  The  boats  having  on  board  tobacco  for  the  inspection  iwd,  sec.  i6. 

houses  aforesaid,  shall  have  a  preference  given  to  them  over  Boats  with  to- 
il      ,1  1         .  bacco  to  have 
all  other   boats.                                                                                                                          preference. 

38.  No  person   shall  land  any  wood  or  lumber  on  Pratt  ibid,  sec.  17. 
street  wharf  between  Light  street  and  Franklin  lane,  and  the  woodanuium- 
Mayor  of  the  City  of  Baltimore  shall  enibrce  the  provisiuns  tobeianued. 
of  this  section. 

39.  If  any  person  sliall  violate  the  provisions  of  the  last  ibid,  sec.  is. 
preceding  section,  he  shall  be  subject  to  a  fine  of  twenty  dol-  Penalty. 
lars,  one  half  to  the  informer  and  the  other  half  to  the  State. 

40.  The  said  fine  may  be  sued  for  and  recovered  in  the  ibid,  sec.  19. 
name  of  the  State  before  any  justice  of  the  peace  for  said  How  recovered, 
city,  in  the  same  manner  as  small  debts. 

41.  It  shall  be  the  duty  of  every  justice  of  the  peace  for  said  ibid,  sec.  20. 
city  to  make  an  annual  return  to  the  Treasurer  of  all  tines  im-  Duty  of  justice 

of  the  peace. 

posed  under  the  provisions  of  the  aforegoing  section,  and  to  re- 
ceive and  pay  over  the  same  at  the  time  of  making  said  return. 

42.  The  Mayor  and  City  Council  shall  not  collect  or  im-  f^i^.^g^."  ^''^  ^' 
pose  any  tax,  duty,  toll  or  wharfage  upon  any  goods,  wares  fJiron'toVeKT"' 

,  ,.  ,,  ,  •    1         (•  •  J.^  „  ,,.  latu  wharves. 

or  merchandise,  or  other  articles  lor  passing  the  same  over 
any  of  the  public  wharves  within  the  said  city,  but  the  said 
corporation  may  regulate  by  ordinance  the  time  during 
which  any  goods,  wares,  merchandise  or  other  articles  may 
remain  on  said  public  wharves,  or  the  time  which  the  vessels, 
boats  or  scows  taking  in  or  discharging  such  goods,  wares  or 
merchandise,  shall  remain  at  said  wharves. 

43.  The  Mayor  and  City  Council  may  regulate,  establish  ibid,  .sec.  945. 
and  collect,  for  the  use  of  the  city,  such  rate  of  wharfage  as  lutc  of  wharf- 
they  may  think  reasonable  from  all  vessels  resorting  to  or 


326  Harbor,  Docks  and  Wharves. 

Article  XXII. — Statutes. 

lying  at,  landing,  depositing  or  transporting  goods  or 
articles  other  than  the  productions  of  this  State  on  any  wharf 
belonging  to  the  city,  or  any  public  wharf  in  the  said  city 
other  than  wharves  belonging  to  or  rented  by  tlie  State,  and 
that  part  of  Pratt  street  wharf  reserved  for  the  use  of  the 
State.* 

WOOD  ON  WHARVES. 

p  L.  L.,art.  4,       44.     Any  person  who  shall  charge,  exact  or  receive  more 

sec.  cfDl> 

Penalty  for  ex-  than  SIX  and  a  (luarter  cents  upon  each  cord  of  wood  landed 

cessive  wharf- 

ageonwood.  upon  any  wharf  in  the  said  city  shall,  upon  com})laint  and 
conviction  thereof  before  any  justice  of  the  jteace  for  said 
city,  be  fined  not  less  than  five  nor  more  than  ten  dollars 
in  each  case  ;  one-half  to  the  informer  and  the  other  half 
to  the  State,  to  be  recovered  as  fines  imposed  by  the  courts 
of  this  State. 

Ibid,  sec.  952.        45.     Any  pcrsou  carrying  wood  to  Baltimore  for  sale  may 
Wood  may  be    land  the  samc  UDOU  the  State  wharves  whenever  permitted 

lauded   on  State 

interfere  with*"  ^"  ^^^  ^^  ^^  ^"^  tobacco  inspector  in  the  warehouse  to  wliich 
tobacco.  |.|^^  wharf  is  attached,  but  such  permission  shall  not  inter- 

fere with  that  portion  of  the  public  wharves  set  apart  for 
the  use  of  boats  laden  with  tobacco. 

*  The  collection  of  wharfage  upon  the  public  wharves  is  a  fit  subject  of 
legislation,  and  by  1837,  c.  162,  s.  4,  (sec.  43,  above,)  the  city  of  Baltimore 
may  charge,  collect  and  recover  bj'  suit  such  wharfage.  City  of  Bait.  v.  WMte, 
2  Gill,  444.  Over  wharfage  collected  at  private  wharves,  or  wharves  other 
than  those  owned  by  the  city  of  Baltimore,  or  made  at  the  ends  or  sides  of 
public  streets,  lanes  or  alleys,  the  city  officers  have  no  control.  .  Its  imposi- 
tion and  collection  is  the  exclusive  privilege  of  the  wharf  owners.  It  is 
otherwise  with  wharfage  collected  at  wharves  owned  by  the  city,  or  at  the 
ends  or  sides  of  the  streets,  lanes  or  alleys ;  all  these  are  called  public  wharves. 
Dugan  v.  Mayoi',  &c.  5  G.  &  J.  374.  As  to  wharves  at  the  port  of  Balti- 
more, &c.,  see  Ilarrimn  v.  Sterrett,  4  H.  tS;  McH.,  540 ;  GiraucVs  lesaee  v. 
Hu{i1m,  1  G.  &  J.,  349  ;  Dugan  v.  Mayor,  &c.  of  Bait.,  5  G.  &  J.,  357  ;  Wharf 
aise,  3B1.,  361;  Bait.  v.  McKim,  ibid,  453;  Wilson'' s  lessee  v.  Inloes,  11  G.  & 
J.,  351,  and  1  Gill,  430;  Hammond's  lessee  v.  Inloes,  4  Md.  138,  and  Patterson 
V.  GcMon,  33  Md.  433. 


Habbob,  Docks  and  Whaeves.  327 

Article  XXII.— Statutes. 

46.  The  person  landing  wood  upon  the  public  wharves  wn,  sec.  953. 
under  the  preceding  section  shall  pay  to  the  tobacco  in- wharfage  on 
specter  the  sum  of  six  and  a  quarter  cents  a  cord,  to  be  by 

the  said  inspector  paid  into  the  treasury,  and  the  inspector 
shall  be  allowed  twenty  per  cent,  upon  the  money  so  re- 
ceived and  paid  into  the  treasury. 

HARBOR  AND  RIVER  RELIEF  BOARD. 

47.  The   president  of  the  Board  of  Trade  of  the  city  of  i867,c.248, 3. 1. 
Baltimore,  and  the  president  of  the  Corn  and  Flour  Exchange  incorporated. 
of  the  city  of  Baltimore,  for  the  time  being,  together  with 

one  other  person,  to  be  from  time  to  time  delegated  therefor, 
by  a  majority  of  the  presidents  of  the  several  Marine  Insu- 
rance Companies,  incorporated  by  or  under  the  laws  of  the 
State  of  Maryland,  and  having  their  offices  in  the  city  of 
Baltimore,  are  hereby  created  and  constituted  a  board  of 
commissioners  to  be  styled  the  Harbor  and  River  Relief 
Board  of  Baltimore. 

48.  It  shall  be  the  duty  of  the  said  board,  and  they  are  ib.d,  s.2. 
hereby  authorized  and  directed  to  contract  for  and  cause  to  Duty  offboard. 
be  constructed  in  the  city  of  Baltimore,  on  the  most  advan- 
tageous  terms   according  to  their  judgment,  a  first   class 

steam  vessel  of  such  model  and  with  such  machinery  and 
e.iuipmentas  they  may  deem  most  suitable  for  the  purpose  of  vessel  to^ueep 
keeping  open  and  free  from  ice,  the  harbor   of  the  city  of  f-m-ce. 
Baltimore  and  the  access  thereto  in  all  weather  and  under 
all  circumstances. 

49  The  said  board  are  further  authorized  and  directed  to  ibid,  s.  3. 
appoint  a  suitable  superintendent  of  the  construction  and  su^-i^^^^^^^^^^^^ 
management  of  the  said  steamer,  as  well  as  suitable  officers 
and  crew  for  her  navigation,  at  such  reasonable  salaries  as 
the  said  board  may  determine,  subject  to  removal,  in  the 
discretion  of  said  board,  and  also  to  make,  and  cause  to  be 
obeyed  and  executed,  all  such  rules  and  regulations  as  they 


328 


Harbor,  Docks  and  Wharves. 


Article  XXII.— Statutes. 


may  consider  necessary  and  pro[)er  fur  the  control  and  di- 
rection of  the  said  steamer  and  all  persons  connected  with 
her  in  and  about  the  service  aforesaid.     And  the  said  board 

How  vessel  to    are  fuithor  required  to  cause  the  said  steamer  to  be  employ- 
be  employed.  i.       •/ 

ed,  so  far  as  they  may  deem  prudent  and  pro[)er,  during 
the  season  when  the  said  harbor  may  be  unobstructed,  in 
towing  vessels  and  aiding  and  promoting  the  ingress  and 
egress  of  the  same  to  and  from  the  said  harbor,  and  in  and 
upon  the  Chesapeake  bay  and  Patapsco  river,  at  such  moderate 
rates  as  they  may  establish,  regard  being  had  to  the  in- 
ProTiso.  terests  and  facilities  of  commerce  ;  provided,  always,  that 

said  steamer  shall  not  be  so  employed  in  anywise  during 
the  season  when  her  services  as  an  ice  breaker  shall  be  need- 
ed, except  in  the  case  of  vessels  in  distress  bound  to  ori'rom 
said  city,  in  which  service  she  may  be  employed  by  the 
board  at  any  time  when  her  services,  if  any,  shall  be  com- 
pensated only  as  in  the  nature  of  towage,  and  not  salvage 
services. 


Ibid,  s.  4. 

Reports  to  Leg- 
i>slature  and 
Mayor  and 
Council. 


Annual  state- 
ments of  re- 
ceipts and  ex- 
penditures. 


What  to  be  paid 
into  treasury, 
&c. 


Ibid,  s.  5. 

Requisitions 
ior  money  upon 
Comptroller  of 
State  and  city 
Register. 


50.  A  majority  of  said  board  shall  constitute  a  quorum, 
and  determine  the  action  of  the  same  ;  they  shall  report  their 
proceedings  to  the  General  Assemly  and  the  Mayor  and  City 
Council  of  Baltimore,  at  the  regular  sessions  thereof,  and 
shall  render  an  annual  account  of  their  receipts  and  disburse- 
ments to  the  accounting  officers  of  the  State  and  city  respec- 
tively, as  soon  as  may  be  after  the  first  of  January  in  each 
and  every  year,  and  pay  over  into  the  respective  treasuries 
of  the  State  and  city,  one-half  to  each,  of  all  the  surplus 
from  appropriations  and  earnings  which  may  be  in  their 
hands  and  may  not  be  required  for  the  efficient  discharge  of 
the  duties  by  this  act  imposed  ui^on  them  in  their  judgment. 

51.  The  said  board  are  authorized  and  required,  from 
time  to  time,  as  may  be  necessary,  to -make  requisition  upon 
the  Comptroller  of  the  Treasury  of  the  State  and  the  Register 
of  the  City  of  Baltimore,  respectively,  for  such  amounts,  not 


Harbor,  Docks  and  Wharves.  329 


Article  XXII.— Statutes. 


exceeding  one  liundred  and  fifty  thousand  dollars  in  all, 
and  to  1)0  paid  by  the  State  and  city  equally,  as  the  construc- 
tion of  the  said  steamer  may  require,  and  to  be  expended  in 
and  about  the  same,  and  in  like  manner  to  make  requisi- 
tions for  the  annual  amount  of  ten  thousand  dollars,  to  be 
paid  by  the  city  as  aforesaid,  or  so  much  thereof  as  may  be 
required  for  the  efficient  navigation  and  use  of  the  said 
steamer  for  tlie  purposes  aforesaid  in  each  and  every  year ; 
and  the  Comptroller  is  hereby  authori'^ed  and  directed,  upon 
receiving  such  requisitions  from  the  said  board,  from  time  to 
time,  in  conformity  herewith,  to  issue  his  warrant  to  the 
Treasurer  for  the  payment  of  the  moneys  so  required,  and 
hereby  a])propriated  on  the  part  of  the  State  ;  and  tlie  Reg- 
ister of  the  City  of  Baltimore  isi  hereby  authorized  and 
required  to  answer  and  pay  the  said  requisitions,  when  made 
in  conformity  herewith,  from  time  to  time,  for  which  end  the 
Mayor  and  City  Council  of  Baltimore  are  hereby  required 
and  authorized  to  make  provision  ibr  the  same  by  proj^er 
assessment  and  levy,  from  time  to  time,  in  the  usual  way.* 

*Thc  Register  was  directed  by  Res.  No.  131,  April  8, '68,  and  No.  146, 
April  24,  '68,  to  pay  all  sums  within  above  provisions,  on  requisition  of  the 
commission. 

Ord.  No.  40,  June  10,  1867,  recited  tiiat  by  the  act  of  Assembly  of  1867, 
c.  343,  it  is  made  the  duty  of  the  Comptroller  of  the  Treasury  of  the  State  and 
the  Register  of  the  City,  to  i)ay  over  to  the  board,  authorizc<l  and  constituted 
by  said  act,  such  amount,  not  to  exceed  the  sum  of  one  hundred  and  fifty  thou- 
sand dollars  in  all,  said  sum  to  be  paid  by  the  State  and  city  equally,  as  the 
same  may  be  required,  for  the  purpose  of  constructing  in  the  city  of  Balti- 
more a  first-class  steam  vessel,  for  the  purpose  of  keeping  open  and  free 
from  ice  the  harbor  of  said  city,  and  the  access  thereto,  in  all  weather  and 
under  all  circumstances;  and  that  the  board  authorized  by  said  act  has 
been  organized  by  the  selection  of  A.  Schumacher,  Israel  M.  Parr  and 
Francis  W.  Wilson,  as  commission  under  said  act,  who  have  made  an  appli- 
cation to  the  Mayor  and  City  Council  for  an  appropriation  to  carry  into 
effect  said  act  of  assembly;  then,  it  enacts  that  the  sum  of  seventy-five 
thousand  dollars  be  appropriated,  and  placed  in  the  hands  of  the  Register 
of  the  City,  to  be  by  him  set  apart  as  a  special  fund  for  the  purpose  of  meet- 
ing such  requisitions  as  may  be  made  upon  him  from  time  to  time  by  the 


330  Harbor,  Docks  and  Wharves. 

Article  XXII.— Statutes. 
Use  of  city       If  at  anytime  the  said  board  shall  deem  it  necessary  or 

wharf  property, 

proper  to  use  any  of  the  wharf  property  belonging  to  the  city 
of  Baltimore  for  the  purpose  of  tlie  said  steamer  and  her 
operations,  they  shall  be  entitled  to  the  use  of  the  same  free 
of  all  charge. 

Ibid,  s.  6.  52.     This  act  shall  not  fail  or  cease  to  have  operation  and 

Powers  of        cfFect  bccause  of  any  failure  or  neglect  on  the  part  of  the 

board.  _  ^  "^  -^ 

presidents  of  the  Marine  Insurance  Companies  of  the  city  of 
Baltimore  aforesaid  to  delegate  or  appoint  a  person  to  act  as 
a  member  of  the  said  board,  as  in  section  forty-seven  hereof 
provided  ;  and  in  case  the  said  presidents  shall  fail  or  neglect 
to  make  such  delegation  or  appointment  witliin  thirty  days 
from  the  passage  of  this  act,  the  remaining  members  of  the 
said  board  shall  be  clothefl  with  and  entitled  to  exercise  the 
powers  hereby  on  said  board  conferred  until  such  appoint- 
ment or  delegation  shall  have  been  made,  and  if  after  the 
making  of  such  ai)pointment  or  delegation,  there  should  be 

Board  of  Commissioners  authorized  to  act  under  said  law,  in  the  construc- 
tion of  the  steam  ice  boat  in  said  act  mentioned  ;  provided,  before-  the  City- 
Register  shall  pay  the  said  Board  of  Commissioners,  or  to  their  order,  any 
part  or  portion  of  the  money  hereby  appropriated,  he  shall  first  be  satisfied, 
by  the  written  certificate  of  said  board,  that  an  amount  equal  to  the  amount 
required  at  the  hands  of  said  Register  has  already  been  paid  to  said  board 
on  the  part  of  the  State  of  Maryland,  by  the  Treasurer,  or  other  proper  officer 
of  the  State,  as  provided  in  said  law,  it  being  intended  that  the  City  Register 
shall  in  all  cases  be  satisfied  that  the  Treasurer  of  the  State  has  paid  to  said 
board  an  amount  equal  to  the  demands  made  on  the  Register,  before  he  shall 
be  authorized  to  pay  to  said  board  any  part  or  portion  of  this  appropriation. 
And  that  in  order  to  meet  the  disbursements  required  by  this  ordinance,  the 
Commissioners  of  Finance  be  authorized  and  directed  to  issue  from  time  to 
time,  in  suchsuins  as  the  Register  may  require,  seventy -five  thousand  dol- 
lars, or  so  much  thereof  as  may  be  necessary,  of  the  six  per  cent,  slock  of 
the  City  of  Baltimore,  interest  payable  quarterly  on  the  first  days  of  Jan. 
uary,  April,  July  and  October,  in  each  and  every  year,  and  redeemable  at 
the  pleasure  of  the  Mayor  and  City  Councifof  Baltimore,  after  the  first  day 
of  July,  in  the  year  eighteen  hundred  and  ninety ;  and  should  said  stock 
command  a  premium,  the  amount  received  for  premium  sliall  be  paid  over 
by  the  Register  to  the  Commissioners  of  Finance,  to  be  added  to  the  general 
sinking  fund  for  the  redemption  of  the  city  debt. 


Haeboe,  Docks  and  Whakves.  331 


Article  XXII.— Statutes. 


a  failure  or  neglect  to  re  appoint  at  any  time  thereafter,  the 
person  then  a  member  of  said  board,  by  reason  of  such  ap- 
pointment or  delegation,  sliall  hold  until  his  successor  shall 
have  been  appointed,  and  in  case  of  his  death,  resignation, 
refusal  or  failure  to  act,  or  removal  from  the  State,  the  said 
remaining  members  of  the  board  shall  constitute  and  act  as 
said  board  until  some  person  shall  have  oeen  appointed,  as 
aforesaid,  in  his  stead,  a  majority  of  said  board  to  control, 
as  hereinbefore  provided. 

53.     No  member  of  the  said  board  shall  have  or  receive  any  ibid,  s.  7. 
salary  or  compensation,  directly  or  indirectly,  for  his  services  Members  to  re- 
as  such,  or  be  interested  in  any  contract  made  by  or  under  &"''^ ""  ^*^"y' 
said  board    in  auy  way,  and  before  acting  under  the  pro- 
visions  hereof,  each   and  every  member  of  the  said  board 
shall  make  and  sign  an  oath  before  some  person  duly  au-  oath. 
thorized  by  law  to  administer   oaths  and  affirmations,  that 
he  will  in  no  case  and  under  no  pretext,  appoint  or  remove 
any  person  under  the  said  board,  or  give  to  or  take  from  any 
person   whatsoever    any  contract  or   advantage  under   the 
same,  for  or  on   account  of  the  political  opinions  of  such 
person,  or  for  any  other  cause  or  reason  than  the  fitness  or 
unfitness  of  such  person  so  appointed  or  removed,  or  so  hav- 
ing or  receiving  such  contract  or  advantage  to  discharge  or 
perform  the  duty  connected  therewith,  or  the  fidelity  of  the 
said  person  in  discharging  or  performing  the  same  ;  said  oath 
duly  subscribed  shall  be  recorded  in  the  office  of  the  clerk  oathtobere- 

corded. 

of  the  Superior  Court  of  the  City  of  Baltimore,  who  shall 
be   entitled   to  the  usual  fees  for   recording  the  same,  and  Fees. 
whose  certificate  thereof,  under  his  seal,  shall  be  due  evi- Evidence, 
dence  thereof  at  law  and  in  equity. 

Basin  Nuisance.— The  Act  of  1876,  c.  176,  recites  that  it  has  been  repre- 
sented to  the  General  Assembly  tliat  the  sewage  of  the  city  of  Baltimore 
has  been  for  many  years  discharged  into  the  waters  of  the  harbor  thereof, 
and  that  the  said  waters  have  thereby  become  so  polluted  as  to  endanger  the 


332 


Harbor,  Docks  and  Wharves. 


Article  XXII.— Ordinances. 


ORDINANCES  . 


HARBOR   BOARD. 

No.  28,  Mar.  24,      1.     There  shall   he  appointed,  as  other  city  officers   are 
Appointment     appointed,  a   board  of  six   commissioners,  who   shall   serve 

of  Harbor  . 

without  pay,  and  who  shall  he  residents  of  the  city  of 
Baltimore,  who,  with  the  Mayor,,  shall  be  styled  the  Harbor 
Board  of  Baltimore,  said  commissioners  to  be  men  of  nn- 
d(mbted  character,  and  selected  with  a  view  to  skill  and 
efficiency.     The  said  commissioners,  immediately  after  their 


Board. 


Of  whom  to 
consist. 


health  of  the  good  people  of  said  city  as  well  as  of  others  resorting  thereto 
for  business  or  pleasure;  it  then  enacts: 

1.  That  the  Mayor  and  City  Council  of  Baltimore  are  hereby  authorized 
and  required,  as  soon  as  possible,  to  cause  all  that  part  of  the  harbor  known 
as  the  basin  and  docks  to  be  thoroughly  cleansed  by  dredging  the  same  to 
such  a  uniform  depth  as  may  be  necessary  for  the  removal  of  all  sediment, 
and  to  cause  the  sewage  of  the  said  city  to  be  diverted  from  the  waters  of 
the  harbor  by  the  construction  of  one  or  more  intercepting  sewers  of  suffi- 
cient capacity  to  conduct  the  sewage  of  the  city  to  some  point  so  remote 
from  the  said  Iiarbor  as  not  to  be  liable  to  be  returned  thereto  by  the  opera- 
tion of  the  tide-water,  or  otherwise. 

2.  That  before  the  dredging  of  the  said  basin  and  the  construction  of  the 
said  sewer  shall  be  begun,  the  Mayor  and  City  Council  shall  appoint  some 
competent  and  skillful  person,  educated  and  accredited  as  a  civil  engineer, 
under  whose  direction  the  said  work  shall  be  executed,  and  who  shall  re- 
ceive for  his  services  payment  u,s  may  be  determined  by  the  Mayor  and  City  . 
Council  of  said  city  during  the  time  he  shall  be  employed. 

3.  That  it  shall  be  the  dut}''  of  said  engineer,  after  due  surveys  and  exami- 
nations, to  make  an  estimate  of  the  costs  of  executing  said  work,  with  de- 
tailed explanations  and  specifications  of  the  kind  of  work  required  both  for 
dredging  the  basin  and  constructing  the  sewer  or  sewers ;  which  estimates 
and  specifications  shall  not  pro,ide  for  a  work  to  exceed  in  cost  the  sura  of 
money  hereinafter  authorized  to  be  expended. 

4.  That  as  soon  as  the  said  estimates  and  specifications  shall  be  completed 
and  reported  to  the  Mayor  by  the  said  engineer,  it  shall  be  the  duty  of  the 
Mayor,  Register  and  Comptroller  of  the  City  of  Baltimore  to  invite  pro- 
posals for  the  execution  of  the  various  kinds  of  work  required,  by  advertise- 
ment thereof  in  all  the  daily  papers  published  in  the  city  of  Baltimore, 
giving  at  least  thirty  days'  notice  of  the  time  and  place  of  opening  said  pro- 


Harbor,  Docks  and  Wharves.  333 


Article  XXII.— Ordinances. 


appointment,  shall  draw  for  their  respective  terms  of  office,  Terms  oi  office. 

three  for  tlie  term  of  four  years  and  three  for  two  years, 

and  every  second  year  thereafter,  in  the  month  of  February, 

there  sliall  be  appointed  in  the  same  manner  three  persons, 

who    shall    serve    for   a   term  of  four  years.       The   Mayor 

shall  be  the  president  of  said  board,  and  any  four  members  President  and 

of  said  board  shall  constitute  a  quorum  for  the  transaction  *'"°''"'"" 

of  business. 

2      The  T^)ard  of  Commissioners  are  authorized  to  receive  "''''>  '*'*^-  '^• 

d,.,  ,,  •!/.  ,,       ^^  n  •         Authorized  to 

disburse  all  moneys  received  from  the  State  from  auction  receive  and  dis- 
burse moneys 

duties,  under  the  provisions  of  sections  43  and  44   of  Ar- ■''''=^.1'"^'^ '''*.•" 

'  '  auction  duties. 


po3als,  and  the  said  proposals  shall  be  publicly  opened  by  the  Mayor  in  the 
presence  of  the  Register  and  Comptroller,  and  of  all  the  bidders  for  such  work 
who  inay  clioose  to  attend  ;  and  the  said  work  shall  be  awarded  to  the  lowest 
responsible  bidder  or  bidders  therefor,  who,  before  he  or  they  shall  be  per- 
mitted to  begin  said  work  sh(?ll  enter  bond  for  the  faithful  performance  of 
their  respective  contracts,  in  such  penalty  and  upon  such  conditions  as  the 
Mayor,  Comptroller  and  Register  may  prescribe. 

5.  That  if,  in  the  execution  of  said  work,  it  shall  become  necessary  to  use 
or  take  possession  of  the  property  of  any  person  or  corporation,  and  the 
owner  or  owners  thereof  shall  refuse  to  grant  tlie  use  of  the  same  for  a 
price  to  be  agreed  upon  by  the  Mayor,  Register  and  Comptroller  of  the  City 
of  Baltiniore,  it  shall  be  lawful  to  condemn  the  property  so  needed  for  the 
construction  of  the  said  work  in  the  name  and  on  behalf  of  the  Mayor  and 
City  Council  of  Baltimore,  in  the  same  manner  as  has  been  provided  for  the 
condemnation  of  lands  needed  for  the  use  of  the  Baltimore  and  Ohio  Rail- 
road Company,  by  the  act  of  the  General  Assembly  incorporating  said 
company  and  its  supplements. 

6.  That  in  order  to  provide  the  means  for  the  execution  of  the  said  work, 
the  Mayor  and  City  Council  of  Baltimore  are  hereby  authorized  to  issue  the 
bonds  of  the  said  Mayor  and  City  Council  for  an  amount  not  exceeding  one 
million  of  dollars,  from  time  to  time  as  the  same  maybe  required  in  the 
course  of  the  work ;  the  said  bonds  to  be  issued  in  sums  of  not  less  than  one 
hundred  dollars  each,  to  be  redeemable  in  forty  years,  and  to  bear  interest 
at  the  rate  of  six  per  cent,  payable  quarterly,  and  to  be  transferable  as  other 
city  bonds  now  outstanding  are  transferred ;  provided  however,  that  such 
bonds  shall  not  be  issued  until  an  ordinance  providing  for  the  issue  thereof 
shall  be  submitted  to  the  legal  voters  of  the  city  of  Baltimore,  at  such  time 
and  place  as  may  be  fixed  by  said  ordinance,  and  be  approved  by  a  majority 
of  the  votes  cast  at  such  time  and  place. 


334  Harbor,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 
How  such         tide  VI,  entitled  Auctions,  [p.  105,  ante,']  the  same  to  be  ap- 

moneys  applied        .  '  .  .  .  . 

plied  to  deepening  and  improving  the  cliannel  ol"  the  Chesa- 
peake bay  and  Patapsco  river  below  Fort  Mclienry  and  the 
harbor  of  Baltimore  city,  according  to  their  best  skill  and 
judgment. 

No. 121, Junes,      3.     The  Harbor  Board  shall   annually  advertise  lor  not 

'76;    No.  101,  s. 

7,  June  a, '76.     less  tliau   ten   days  in  two  of  the   daily  papers   having  the 
Advertisements  largest  circulation  loublished  in  Baltimore  city,  for  proposals 

lor  proposals  for    _ 

work  in  harbor  for  all  tlic  ncccssary  Avorlv  in  the  harbor  and  in  the  channels 

and  channels  ot  "^ 

and'prtTiKsco*'*'  of  the  Chesapeake  buy  and  Patapsco  river,  below  Fort 
AilHiMfry^  ^"^  McHcnry,  for  the  ensuing  year,  specifying  the  probable 
number  of  cubic  yards  of  solid  matter  to  be  removed  by 
dredging,  and  the  character  of  all  other  works  of  the  de- 
partment, that  all  mud  and  sediment  is  to  be  removed  to  a 
point  distant  from  the  city,  so  that  it  or  any  portion  there- 
of, shall  not  flow  into  any  of  the  channels  of  the  Chesapeake 
bay,  or  Patapsco  river  ;  and  that  none  but  Baltimoie  labor 
shall  be  employed  by  the  contractors  ;  all  bids  shall  be 
Bids  to  he  open- opened  iu  public,  on  the  day  and  hour  named  in  the  adver- 

ed  in  puhlic. 

tisement  ;  any  bidder  of  known  capacity,  responsibility  and 

integrity,  shall  have  the  privilege  of  handing  in  his  bid  and 

of  being  present  at  the  opening  and  reading  of  the  said  bids, 

To  whom  con-    and  the  contract  awarded  to  tlie  lowest  responsible  bidder. 

tracts  awarded. 

The  board  may  reserve  the  right  to  reject  any  or  all  bids, 
and  in  the  event  of  such  rejection  the  board  shall  advertise 
as  before  for  proposals  for  a  period  of  ten  days  in  two  of  the 
daily  newspapers  i)ublished  in  the  city  of  Baltimore,  and 
When  no  ar-     in  the  cvcut  that  no  acceptable  bid  shall  be  obtained,  the 

ceptable  bid  ob- 
tained, said  board  shall  proceed  to  have  the   work  necessary  to  be 

accomplished  done  in  such  manner  as  in  their  judgment  may 

be  most  conducive  to  the  interests  of  the  city. 

Ibid, s. 3.  4.     The  said  Harbor  Board  in  giving  out  by  contract  any 

Avoidance  of     portiou  of  the  work  in   their   department,  shall   reserve  to 

obstruction  or  '■ 

interference  to  tlicmsolves  tho  right  to  coutrol  and  regulate  the  manner  of 

vessels  on  busi-  o  n 

'*"^'  performing  such  work  or  carrying  out  such  contract,  so  as 


Haruor,  Docks  and  Wharves.  335 

Article  XXII. — Ordinances. 

to  guartl  against  giving  any  unnecessary  obstruction  or  inter- 
ference to  the  ingress  or  egress  of"  vessels  or  other  legitimate 
business  carried  on  in  the  harbor. 

5.  All  l)ids  must  be  accompanied  witli  the  names  of  at  xo.  38.  s  3. 
least  two  responsible  sureties,  with  their  affidavits  that  they  HowbMstobe 

,  accompanied. 

will  become  sureties  in  the  event  of  the  bid  being  accepted. 

In   all  cases  where  a  contract  shall   beawaded,  the  board 

shall  require  a  good  and  sufficient  bond  in  double  the  amount  Bona 

of  the  award  for  the  faithful  performance  of  the  work,  and 

in  addition   shall   retain  twenty  {)er  centain  of  all  moneys  what  p??- 

cenliini  to  be  re- 

due  before  the  completion  of  the  contract,  to  be  forfeited  to  tained. 

the  city  of  Baltimore  in   the   event  of  the  contractors'  non 

compliance  with  all  tlie  terms  of  the  contract.     No  contract 

shall  be  binding  on  the  city  until   the   bond   is  approved, 

and  it  shall  be  the  duty  of  the  City  Solicitor  to  certify  to  the  city  solicitor  to 

''  certify  to  bond. 

board  that  the  bond  is  in  duo  legal  form  before  the  approval 
thereof. 

6.  It  shall  be  the  duty  of  the  said  board  to  meet  once  in  ibid, 3. 4. 
each  month,  and  oftener  if  renuired,  to  mature  and  decide  Meetings  of 

'  '■  _  board. 

upon  all  plans  in  reference  to  the  general  policy,  details  and 
management  of  all  matters  of  the  department. 

7.  The  board  sliall  provide  suitable  books,  in  which  theibid.s.s. 
general  accounts  shall  be  regularly  entered  and  posted,  show-  Annuaireport 

o  try  -  .    t"  Mayor  and 

ino-  in  detail  all  the  transactions  of  the  department.  A  city  council. 
statement  of  said  general  accounts  sliall  be  made  at  each 
monthly  meeting  of  the  board,  and  the  board  shall,  on  or 
before  the  twenty-fifty  day  of  January,  annually,  i)resent  to 
the  Mayor  and  City  Cinincil  a  full  statement  of  the  work  of 
the  department  for  the  year,  and  of  the  condition  of  the 
harbor,  and  all  matters  connected  therewith,  and  a  state- 
ment of  the  general  accounts,  and  of  all  receipts  and  dis- 
bursements for  the  preceding  year,  together  with  any 
information  or  suggestions  the  board  may  deem  important. 


386  Hakbor,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 

Ibid,  s. G.  8.     No   member  of  the  said   board,  and   no  person  ap- 

No  member  of  pointed   to  office  uudef  this  ordinance,  shall  be  interested 

board  to  be  in-  i  •  ^  •  i       • 

terested  in  con-  under  anv  contract,  bargain,  sale  orao^reement  in  relation  to 

tracts,  &c.  in  •'  7  &  ?  o 

onthrhlrbor"'''  ^^^®  work  on  the  harbor  or  channels  of  the  Chesapeake  bay 
*''■  and  Patapsco  river,  or  any  matter  or  thing  connected  there- 

with,  wherein  the  city  is  interested;  and  any  contracts, 
bargains,  sales  or  agreements  made  in  violation  of  this  sec- 
when contracts  tion  sliall  1)6   Utterly  void   as    to  the  city,  and  the  office 

void  and  otfice 

vacated.  vacatcd  by  the  party  interested  in  any  of  said  matters  in 

violation  of  this  section. 

Ibid,  s.  7.  9.     That  said  Harbor  Board  shall  have  power  to  appoint, 

Appointment  of  (and  at  tlicir  pleasure  to  remove  and  discharge)  one  civil 

civil  eiignieer,  . 

cleric  and  super- engineer,  one  clerk,  and  the  necessary  number  of  supervisors 

visors  of  dred-  o  /  /  j  i 

ge.s.&c.  ^.Q  superintend  the  work  of  the  dredges  or  machines,  and  the 

removal  of  the  mud  and  sediment ;  all  of  said  employees  to 

Oath.  be  sworn  to  a  faithful  performance  of  their  work ;  the  clerk 

Duties.  to  keep  a  just  and  true  account  of  all  the  transactions  of  the 

department,  and  of  work  done  by  the  contractors ;  the  en- 
gineer to  direct  and  supervise  tiie  woik  of  the  department 
under  the  direction  of  the  board  ;  the  supervisors  to  see 
that  tlie  scows  are  filled  with  solid  matter,  and  to  keep  a 
just  and  true  account  of  the  number  of  cubic  yards  of  solid 
matter  removed  by  the  contractors  each  day^  and  report  the 
same  to  the  clerk  daily,  and  render  a  monthly  account  of 
the  same  to  the  board  under  oath ;  and  the  said  board  shall 

Salaries.  name  the  respective  salaries  to  be  paid  to    all  employees 

under  their  control  and  supervision,  said  salaries  to  be  paid 

Assignments  to  monthly ;     and  the  said  board   may  assign  any  employee 

work.  J  1      • 

under  their  control  to  any  other  work  than  that  above  men- 
tioned, and  at  tlieir  pleasure  remove  and  discharge  the  same. 
Bonds  to  be  ap- The  said  board  shall  require  bonds  of  the  engineer,  clerk 

proved  by  . 

Mayor.  and  supcrvisois,  to  be  approved  by  the  Mayor,  in  such  penal 

sura  as  they  may  deem  sufficient  to  protect  the  public  in- 
terests. 


Haeboe,  Docks  and  Whaeves.  337 

Article  XXII.— Ordinances. 

10.  It  shall  be  the  duty  of  the  engineer  to  make  monthly  ma,  s.  8. 

reports  under  oath  of  the  work  of  the  department,  and  he  Duty  of  the  En- 
gineer. 
shall  annually  make  soundings  of  the  harbor,  and  report  soundings  of 

harbor. 

the  condition  of  the  same,  with  the  depth  of  the  water  at  all 
points,  to  the  said  Harbor  Board,  the  same  to  be  transmitted 
to  the  Mayor  and  City  Council. 

11.  All  the  property,  machinery  and  eifects  belonging  iwd,  s.  9. 
to  the  Port  Warden's  department  and  City  Yard  shall  be  Property  of 

^  •'  Port  Warden's 

under  the  charge  and  control  of  the  said  Harbor  Board,  but  <i«partiuent. 
with  no  power  in  the  said  board  to  sell  the  same,  except  by 
the  direct  autliority  of  tlie  Mayor  and  City  Council.* 

12.  The  Harbor  Board  of  Baltimore  is  hereby  empowered  no  loi,  s.  i, 

June  2,  '76. 

and  directed  to  cause  to  be  removed,  in  such  time  as  they  Authority  of 

board  as  to  ves- 

may  think  reasonable,  all  vessels  which  now  are,  or  may  •^«';y^';i°''  »■» 
hereafter  be  sunk  in  the  harbor  or  port  of  Baltimore ;  and 
in  case  the  owner  or  owners  of  such  sunken  vessels  sliall  re- 
fuse or  neglect  to  remove  the  same,  when  directed  to  do  so 
by  the  said  Harbor  Board,  he  or  they  shall  forfeit  and  pay 
a  fine  of  ten  dollars  per  day,  for  the  use  of  the  corporation,  ^l.l^,^y^^"^l^_ 
for  every  day  the  said  vessel  shall  remain,  after  due  notice  ^^^",';'j:"'"^- 
as  aforesaid  ;  and  in  case  the  owner  or  agent  of  such  sunken 
vessel  cannot  be  found,  then  the  Harbor  Board  are  hereby 
authorized  and  directed  to  proceed  to  remove  said  vessel,  when^board  to 
and  draw  on  the  Register  for  the  sum  necessary  to  perform 
that  duty,  said  sum  of  money  to  be  taken  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  and  as  soon  as 
the  owners  or  agent  of  such  sunken  vessel  so  removed  shall 
be  found,  the  City  Counselor  shall  be  directed  by  the  Mayor  when^cuy^ 
to  proceed  and  recover  by  law  the  amount  expended  for  the  brmg  suit. 


*  By  this  ordinance  No.  28,  Mar.  24, 1876,  the  office  of  Port  Warden  was 
abolislied;  also  the  commission  for  deepening  and  improving  the  channel 
of  Chesapeake  Bay  and  the  Patapsco  River,  and  the  Patapsco  River  Im- 
provement Board  ;  these  trusts  being  now  reposed  in  the  Harbor  Board. 


338  Harbor,  Docks  and  Wpiarves. 


Article  XXII. — Ordinances. 


removal  of  said  vessel,  and  also  such  fines  as  tliey  may  he 
liable  to  under  the  {)rovisions  of  this  ordinance. 

Ibid,  s.  2.  13.     If  on  examination  by  the  said  Harbor  Board,  it  shall 

Encroachments  be  discovered  that  encroachments  have  been   made  upon  tlie 

on  liarbor. 

harbor  by  any  person  or  persons  who  have  or  have  not  ob- 
tained, or  may  or  may  not  hereafter  obtain  permission  to  make, 
build  or  extend  a  pier  or  wharf,  it  shall  be  the   duty  of  said 

Duty  of  Mayor,  board  to  report  the  same  to  the  Mayor,  who  shall  notify  such 
person  or  persons  to  discontinue  said  encroachment,  and  in  the 

Suit.  event  of  failure  to  discontinue,  shall  direct  suit  to  be  instituted 

against  such  person  or  persons,  or  shall  report  the  same  to  the 
Council. 

Ibid, s.  3.  14.     It  shall  be  the  duty  of  said  Harbor  Board  to  cause  all 

Building  or  re-  public  wharvcs  to  be  rebuilt  and  repaired,  when  in  their  opin- 

pairlDg  wharves  ,  ,       i       i      -li         t  i  i 

ion  the  same  may  be  necessary ;  to  cause  to  be  built  solid  and 
substantial  wharves,  of  durable  materials,  at  the  end  or  termi- 
nation of  all  streets,  lanes  or  alleys  leading  to  or  binding  on 
the  harbor  or  Jones'  Falls,  when  the  same  may  be  proper  and 

Kxamination  of  neccssary  ;  to  examine  all    private  wharves,   especially  those 

pnvaew  arves  p^jjg^j.,^g|.gj  ^f  wood,  and  should  any  be  found,  or  hereafter  be- 
come, decayed  or  defective,  or  from  any  other  cause  likely  to 
be  injurious  to  navigation  or  to  health,  the  said  Harbor  Board 
shall  require  the  same  to  be  rebuilt  or  repaired  witliin    a  rea- 

Noticetore-  sonablo  time,  to  be  prescribed  by  them  in  a  written  notice,  to 
or  repair.  ^^  ggryed  ou  the  owncr,  agent  or  occupiers  of  such  wharf,  and 
they  shall  also  require  the  owners,  agents  or  occupiers  of  lots 
binding  on  or  running  to  the  harbor,  to  cause  the  same  to  be 
secured  in  such  manner  as  the  said  Harbor  Board  shall  think 
proper,  so  that  no  injury  can  result  therefrom  to  navigation  or 
to  health,  giving  therefor  a  reasonable  time,  to  be  prescribed 
in  said  notice,  (not  less  than  thirty  days,)  to  be  served  on  the 
agent,  owner  or  occupier  of  such  lot  or  lots,  and  if  the  said 
requisition  or  requisitions  shall  not  be  complied   with,  he,  she 

Penalty.  or  they  shall  forfeit  and  pay  ten  dollars  for  every  day  he,  she 


I 


Hakbor,  Docks  and  Wharves.  339 

Article  XXII. — Ordinances. 

or  they  shall  so  neglect,  and  if  the  owner  is  a  minor,  or  cannot 
be  found,  it  shall  be  the  duty  of  the  Harbor  Board  to  have  the 
wharf  or  lot  secured  at  the  expense  of  the  owner,  to  be  re- Expense  of 
covered  by  the  Mayor  and  City  Council  in  due  course  of  law. 

15.  Whenever  any  of  the  present  wharves,  at  which  there  ibid,  s.  4. 

is  at  common  tides  ten  feet  of  water,  shall  require  a  thorough  Repairing beiow 

high  water 

repair,  or  to  an  extent  below  what  is  usually  considered  high  mark. 
water  inark,  it  is  hereby  required  to  be  done  of  stone,  under 
the  superintendence  of  the  engineer  of  the  Harbor  Board,  and 
at  the  expense  of  the  owner  or  owners  thereof,  and  any  person 
or  persona  neglecting  to  comply  with  the  provisions  of  this  sec- 
tion, shall  be  reported  by  the  said  Harbor  Board  to  the  Mayor, 
who   in   such   case  is   hereby  required  to  proceed  forthwith, 
through  the  aid  of  the  City  Counselor,  to  obtain  an  injunction  ;  injunction. 
and  any  person  or  persons  neglecting  to  comply  with  the  pro- 
visions of  this  section  shall  moreover  be  subject  to  a  penalty  Penalty. 
of  two  hundred  dollars. 

16.  No  person  shall,  without  the  permission  of  the  Harbor  ibid,  s.  5. 
Board,  throw  or  deposit  dirt,  mud,  gravel,  stones  or  other  ma-  no  dirt,  stones, 

T-»      •         T  5   T^    n       Sec,  to  be  thrown 

terials  in,  or  on  the  shores  or  banks  of  the  Basm,  Jones  J^alls,  jn^basjn^orany 
Gwynn's  Falls,  Patapsco  river  or  any  other  fetream  of  water  ^^^^^^^ 
within   the  limits  of   the  city,  or  within  four  miles  thereof,  ^^^^^^ 
under  a  penalty  of  twenty  dollars  for  each  offence.* 

IT.     The  Harbor  Board,  with  the  approbation  of  the  Mayor,  ibid,  s.  e. 
shall   have  exclusive  control    over  all  affairs  connected  with  Exclusive  con- 
the  Harbor,  and  all  money  appropriated  for  the  same  shall  be  Appropriations. 
expended  under  their  direction,  and  be  paid  by  the  Register  to 
their  order,  approved  by  the  Comptroller. 

18.     It  shall  be  the  duty  of  the  Harbor  Board  from  time  to  no.  43,  June  4, 
time,  when  the  same  shall  be  necessary,  to  remove  the  depos-  B<>a^ --ove 
its  of  sediment  at  the  mouths  of  sewers  entering  into  the  basm,  -ut^s  or 


*  See  Sections  46  and  54  of  this  Article,  p.  347,  &c. 


340  Harbor,  Docks  and  Wharves. 


Article  XXII. — Ordinances. 


in  order  to  prevent  the  accumulation  thereof  from  injuring  the 
property  or  impeding  the  business  operations  of  all  persons 
contiguous  thereto. 

HARBOR  AND  HARBOR  MASTERS. 
No.  23, 8. 1,  R.      19.     There  shall  be  appointed,  annually,  as  other  city  offi- 

O.;  No.  18.  s.  1,  ft  1  J  J 

Feb  18. '59;  No.  cers  arc,  six  Harbor  Masters,  the  first  of  whom  shall  perform 

3;J,  May  5,  '77.  '  '  ■  ' 

Harbormasters,  thc  dutics  appertaining  to  the  office  on  the  east  side  of  Jones' 
Their  duties.  Falls ;  the  second  on  the  west  side  of  Jones'  Falls,  including 
Block  street  to  the  Drawbridge,  extending  to  Commerce  street 
dock,  inclusive ;  the  third  from  Commerce  street  dock  west, 
to  the  east  side  of  Bowly  street ;  the  fourth  from  the  east  side 
of  Bowly  street  to  Light  street,  including  Pratt  street  wharf, 
and  all  wharves  on  the  south  or  west  side  of  the  Basin,  on 
which  the  city  has  authority  to  collect  wharfage ;  the  fifth, 
whose  particular  duty  it  shall  be   to  collect  tonnage  on  vessels 

Ice  Boat.— By  Ordinance  No.  33,  May  5,  1877,  the  Harbor  Board  of  Bal- 
timore is  authorized  and  directed  to  have  constructed  as  soon  as  practicable, 
an  ice  boat,  of  such  power,  capacity  and  approved  plan,  as  in  the  judgment 
of  the  said  board  v?ill  best  accomplish  the  object  required.  Tlie  sum  of  one 
himdred  and  forty  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, is  appropriated  for  the  purpose  of  constructing  such  a  first-class  ice 
boat,  of  iron  or  wood,  as  in  the  judgment  of  said  board  may  be  best  adapt- 
ed to  the  purpose  of  the  navigation  of  the  waters  of  the  river  and  bay  during 
the  season  of  obstruction  by  ice,  and  of  sufficient  strength  and  power  to 
break  or  crush  any  ice  that  would  be  ever  likely  to  form  in  our  harbor  or 
river.  The  said  board  shall,  without  unnecessary  delay,  proceed  to  have 
constructed,  by  Baltimore  mechanics  and  laborers,  the  said  ice  boat,  and 
the  ice  boat,  when  completed,  shall  be  under  the  control  and  management 
of  said  board,  subject  to  the  provisions  of  such  ordinances  as  may  hereafter 
be  enacted  by  the  Mayor  and  City  Council ;  and  shall  be  used  in  aid  of  the 
commerce  and  navigation  of  the  port,  and  for  the  purpose  of  keeping  the 
harbor  of  Baltimore,  and  the  approaches  thereto,  free  from  obstruction  by 
ice  in  such  manner  as  said  board  may  deem  best ;  and  in  all  cases  of  special 
use  of  the  boat,  in  the  way  of  relief  or  otherwise,  the  board  shall  liave  power  to 
make  such  charges  for  her  services  as  may  seem  to  them  just  and  reasonable; 
and  the  board  shall  keep  a  record  of  all  its  proceedings  in  suitable  books, 
and  make  a  full  report  thereof  annually,  in  the  month  of  January,  to  the 
Mayor  and  City  Council. 


Harbok,  Docks  and  Wharvks.  341 

Article  XXII.— Ordinances. 

and  wharfage  on  merchandise,  &c,,  on  all  that  part  of  the  city 
wharf  pro})erty  known  as  the  City  Dock  and  Jones'  Falls,  the 
same  lying  inside  of  the  drawbridge ;  and  a  sixth,  who  shall  per- 
perform  the  duties  of  the  office  of  harbor  master,  in  that  portion 
of  the  harbor  known  as  the  south,  west  and  middle  branches 
of  the  Patapsco  river. 

20.  It  shall  be  the  duty  of  the  six  harbor  masters,  to  make  No.sa.s.  2,May 

5   '77. 

a  monthly  return  under  oath,  and  to  pay  all  money  collected  Return  from 
by  him  to  the  City  Kegister,  who  shall  be  authorized  and  di- master  to 

•^  J  O  1  ^  Register. 

rected  to  pay  to  the  said  harbor  master,  as  compensation  for 
his  services,  twenty  per  cent,  on  all  wharfage  and  tonnage  due  Hiscompensa- 
and  collected  by  him ;  the  amount  thus  collected  to  be  kept 
separate  from  that  collected  by  the  other  harbor  masters  ;  and 
the  compensation  hereby  authorized  to  be  allowed  to  him  to  be 
twenty  per  cent,  of  his  collections,  and  in  no  wise  to  interfere 
with  the  amount  of  compensation  received  by  the  five  har- 
bor masters  aforementioned. 

21.  The  rates  of  wharfage  shall  be  such  as  are  provided  in  no  i8.s.2,Feb. 
this  article,  and  upon  lumber,  firewood,  &c.,  they  shall  be  as  s.'i.'ee. 
follows   within   the  limits  prescribed  for  the  said  fifth  men- Rates  of  wharf- 
tioned  harbor  master.     On  lumber  and  timber  one  cent  perLumberaud 

firewood. 

thousand  feet  for  each  and  every  day  the  same  shall  remam  on 
the  wharf ;  shingles  one-half  of  a  cent  per  thousand  for  each 
and  every  day  ;  laths  one  fourth  of  a  cent  per  thousand  for  each 
and  every  day  ;  firewood  one  cent  per  cord  for  each  and  every 
day. 

22.  Whenever  the  said  fifth  mentioned  harbor  master  shall  ibid,  s.  3. 
require  the  owner  or  agent  of  any  lumber,  timber,  shingles.  Notice  to^r^e-^^ 
laths,  or  firewood  to  remove  the  same,  he  shall  give  five  days  &c. 
notice  to  remove  the  same,  and  if  the  same  is  not  removed 

within  the  time  specified,  the  owner,  consignee,  or  agent  shall  Penalty, 
be  subject  to  the  fines  imposed  by  this  article. 


342  Harbor,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 

Ibid,  s.  4.  23.     The  rates  named  above,  shall  be  charged  on  all  articles 

RaieBtobe        occupving  the  front  of  the  wharf,  and  for  all  lumber,  firewood, 

charged  when  ,  •  i         i- 

landed  sixteen    shinirlcs  and  laths,  landed  sixtccn  tcct  or  more  trom  the  front 

feet  from  wharf  " 

iront.  Qf  f  jjg  wharf,  one-half  of  the  above  rates  shall  be  charged  and 

collected. 

No.  ne,  Mar.  a3,      24.     All  persons  landing  lumber  and  firewood  on   the  City 
Landing  lumber  Docl<  or  Joncs'  Falls,  shall  nse  and  occupy  such  parts  of  said 
wharf  as  the  said  fifth  harbor  master  may  direct. 

No.  33, 8. 2, 11.        25.     It  shall  not  be  lawful   for  any  harbor  master  or   his 
Harbor  master  dcputy  to  be  dircctly  or  indirectly  concerned   or  engaged  in 
deaiin firewood  selling  firewood,  or  purchasing  it  for  sale,  under  a  penalty  of 
fifty  dollars  for  each  offence. 

Ibid,  8. 3.  26.     A  tonnage  duty  of  two  cents  per  ton  shall  be  and  is 

Tonnage  duty,    hereby  asscsscd  and  levied  upon  every  vessel  of  sixty  or  more 
Proviso.  tons  arriving  at  the  port  of  Baltimore;  provided,  nevertheless, 

that  the  sum  of  money  assessed  and  levied  by  this  section, 
shall  be  collected  from  each  vessel  but  once  a  month,  although 
she  may  arrive  more  frequently,  and  the  harbor  masters  are 
hereby  authorized  to  collect  tlie  same. 

Ibid,  s.  4.  27.     It  shall  be  the  duty  of  the  captain  or  commander  of 

Penalty  for  re-    any  vcsscl  arriving  at  the  port  of  Baltimore,  and  subject  to  the 

fusing  to  ex-  i  -i  ■ 

hibit  license  of  payment  of  tonnage  duties,  to  exhibit  to  the  harbor  master,  at 
his  request,  the  enrolment  or  license  of  said  vessel,  in  order 
to  ascertain  the  proper  tonnage  thereof;  and  if  the  captain  or 
commander  of  such  vessel  shall  refuse  to  comply  with  the  re- 
quest of  the  harbor  master,  such  captain  or  commander  shall 
forfeit  and  pay  the  sum  of  twenty  dollars,  and  the  like  sum  of 
twenty  dollars  for  every  time  such  vessel  may  arrive  at  the 
port  of  Baltimore,  until  the  request  of  the  harbor  master  is 
complied  with. 

Ibid,  s.  5.  28.     The  captain  or  commander  of  any  sailing  vessel,  or  ves- 

Penaity  for  Ob.  scl  propclled  by  steam,  lying  at  any  wharf,  adjoining  any  pub- 

structiiig  in-  ,  ./       o  ./ 

gress  and  egress  lie  dock,  who  shall  place  or  caused  to  be  placed,  the   vessel 

of  vessels.  '  t  J.  ' 


Harbor,  Docks  and  Wharves.  343 

Article  XXII. — Ordinances. 

under  his  command,  so  as  to  obstruct  the  free  ingress  or  egress 
of  vessels  in  and  out  of  such  public  dock,  shall  forfeit  and  pay 
the  sum  of  twenty  dollars,  and  the  further  sum  of  ten  dollars 
for  each  and  every  hour  such  obstruction  may  continue,  after 
notice  to  remove  such  vessel  has  been  given  to  such  captain  or 
commander  by  the  harbor  master. 

29.  It  shall  not  be  lawful  for  any  vessel  landing  or  receiv-  ibid,  s.  6. 
ing  cargo  at  any  of  the  wharves  within  the  limits  of  the  city,  penalty  for  ne- 

1  •    1     •  •       J   i  1        r-  1     i      i.u      KlectiiiR  to  pay 

which  IS  required  to  pay  wharrago  on  cargo  or  vessel  to  the  wharfage. 
harbor  masters  of  the  city  of  Baltimore,  to  leave  the  wharf 
where  said  vessel  receives  or  discharges  her  cargo,  without 
furnishing  said  harbor  master,  upon  application,  with  his 
manifest  or  bills  of  lading  of  cargo,  and  paying  the  wharfage 
on  the  same,  together  with  wharfage  and  port  charges  on  the 
vessel,  under  a  penalty  of  twenty  dollars,  to  be  collected  as 
other  small  debts  are  collected,  from  the  captain,  commander, 
owner  or  consignees  of  said  vessel  so  offending. 

30.  All  propellers,  barges  and  canal  boats  of  sixty  tons  or  iwd.s.r. 
more,  in  any  way  engaged  in  carrying  freight,  are  subject  to,  Propeiiere, 
and    by  this  ordinance   required   to  pay  tonnage  duties  and  ^^«»|^»>^°»J^t° 
wharfage,  as  other  vessels  are,  and  the  harbor  masters  are  here- 
by authorized  to  collect  the  same. 

31      It  shall  be  the  duty  of  all  tlie  harbor  masters  to  make  ibid.^.s;  no. 

,,  J   ,  ,  17,  Mar.  IP, '64; 

monthly  returns,  on  oath,  and  pay  all  money  collected  by  them  no.  is,  Feb.  is, 
to  the  Reo-ister,  who  shall  be  authorized   and  directed  to  pay  Monthly  re- 

•^  '  •         r        i-U    •  turns  to  Regis- 

to  the  several  harbor  masters,  as  a  compensation  tor  their  ser-  ter. 
vices,  twenty  per  cent,  on  all  wharfage   and    tonnage  ^"^^^s  mrbor masters' 
collected  by  them,  that  they  are  now  required  by  law  to  collect, 
to  be  paid  monthly  by  dividing  the  same  equally  amongst  them. 

32.     The  harbor  masters  are  hereby  authorized  so  to  regu-  ibid,  s.  9. 
late  the  manner  in  which  all  vessels  shall  lie   at  any  of  the  ve^ss^eu  lyiug  at 
public   wharves,  that  the  facilities  of  discharging  and  receiv-  wharves. 
ing  cargoes  may  be  afforded  as  generally  as  possible,  and  the 


344  Haebok,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 

public  interest  most  promoted  ;  and  any  person  having  charge 
of  any  vessel,  refusing  or  neglecting  to  obey  the  harbor  master 
in  carrying  out  the  above  provision,  shall  forfeit  and  })ay  a  tine 
of  five  dollars  for  each  and  every  offence. 

Ibid, 8. 10.  33.     It  shall   be  the  duty  of  the  person   having  in  charge 

Yards,  &c.,  reg.  any  vessel  lying  at  any  of  the  public  wharves  or  docks,  to 

ulated. 

to\)  t!ic  yards,  rig  in  the  jib-booms,  and  place  the  anchor  or 
anchors  on  the  deck  of  said  vessel,  whenever  required  so  to  do 
by  the  harbor  master  or  the  occupier  of  any  wharf  or  his 
agent;  and  any  person  having  charge  of  any  vessel,  who  shall 
neglect  or  refuse  to  obey  directions  as  aforesaid,  shall  forfeit 
and  pay  a  fine  of  five  dollars  for  each  and  every  offence. 

Ibid,  s.  11.  34.     The  harbor  master  shall  collect  all  wharfage  daily,  and 

wharf,.ce,  how  whcncver  two  days'  wharfage  is  due,  and  the  payment  not  se- 

collected.  .    ,,        . 

cured  to  their  satisfaction,  they  shall  enforce  the  payment 
thereof  in  the  same  manner  as  other  city  dues  are  collected. 

Ibid,  s.  1-2.  35.     The  Register  of  the  City  is  hereby  authorized  to  furnish 

Harbor  mas.      to  tho  liarbor  inastcr  such  books  as  may  from  time  to  time  be 

ters'  books. 

necessary,  to  keep  accounts  therein  of  each  vessel,  her  tonnage, 
and  the  name  of  the  master  and  consignee,  which,  when  filled, 
or  a  change  of  officers  takes  place,  shall  be  returned  to  the 
Register,  to  be  kept  in  his  office. 

Ibid, s.  13.  36.     No  person  in  charge  of  any  ship  or  vessel,  shall  permit 

Fires  on  board   any  fire   to  bc  kept  on   the  deck   thereof,  while  lying  at   any 

©f  vessels  regu-  ,  i    i       i 

lated.  wharf  or  dock  within  the  city,  between  the  hours  of  ten  o  clock 

at  night  and  five  o'clock  in  the.  morning,  from  the  first  day  of 
April  to  the  first  day  of  October,  and  between  the  hours  of 
nine  o'clock  at  night  and  six  o'clock  in  the  morning  from  the 
first  day  of  October  to  the  first  day  of  April ;  and  it  shall  be 
the  duty  of  the  police  officers  to  visit  the  bay  craft  within 
their  respective  districts,  and  give  information  of  this  regula- 
tion to  some  person  on  board. 


Hakbok,  Docks  and  Wharves.  345 

Article  XXII. — Ordinances. 

37.  No   vessel  shall  remain   at  anchor  for  a  longer  period  ibid,  s.  14. 
than  one  hour  in   that  part  of  the  harbor  lying  northwest  of  Limits  in  winch 

vessels  niay  not 

a  line  drawn   from   the  tcrnnnus  of  Hull  street  at   the  port  lemiin  at 

■  anchor. 

warden's  line  on  Locust  Point,  to  the  building  oti  the  end  of 
Hughes  street,  formerly  occupied  as  a  turpentine  distillery; 
and  the  person  in  charge  of  any  vessel  so  remaining  at  anchor, 
shall  forfeit  and  pay  two  dollars  for  every  hour  such  vessel 
may  so  remain. 

38.  It  shall  not  be  Itwful  for  any  vessel  drawing  more  than  ibid,s.  i.-,. 
eight  feet  water,  to  enter  any  of  the  public  docks  of  the  city  vessels  not^ to 
of  Baltimore,  without  first  obtaining  permission  from  the  har-  J™"^^3^ij,','j""* 
bor  master,  whose  duty  it  shall  be  to  provide  a  suitable  berth 

for  such  vessel  ;  and  any  master  or  skipper  of  such  vessel, 
entering  any  of  the  aforesaid  docks  without  such  ])ormission, 
sliall  forfeit  and  pay,  for  every  such  offence,  ten  dollars,  and  Penalty. 
one  dollar  for  each  and  every  hour  lie  shall  obstruct  the  free 
passage  of  said  dock  thereafter.  And  it  shall  be  the  duty  of 
the  harbor  master  to  keep  a  free  passage  in  such  docks  for 
vessels  and  scows  moving  in  and  out  of  the  same. 

39.  The  harbor  masters  are  hereby  authorized  and  directed,  ib.d,  s  le. 

in  pursuance  of  section  34,  statutes,  of  this  article,  to  put  all  p;'^",'"' ^'-^ »" 
the  ordinances  of  the  corporation  relative  to  the  public 
wharves  in  the  city  in  full  force  on  that  part  of  Pratt  street 
wharf  heretofore  reserved  as  a  free  wharf  for  Maryland  ves- 
sels, to  all  intents  and  purposes  as  the  said  ordinances  are  now 
enforced  on  all  ])ublic  wharves,  and  vessels  coming  thereto, 
within  the  city  ;  provided,  that  nothing  heroin  contained  shall  Provisos. 
be  construed  to  exact  wharfage  from  any  vessel  or  vessels 
belonging  to  citizens  of  Maryland,  regularly  engaged  in  the 
bay  trade  thereof;  and  provided  also,  that  no  boat  or  vessel 
shall  be  permitted  to  remain  at  said  wharf  more  than  six  days 
at  one  time,  or  for  the  disposal  of  any  one  cargo. 


346  Hakbob,  Docks  and  Wharves. 


Article  XXII. — Ordinances. 


Ibid,  s.  17.  40.     No  vessel  shall  ever  be  permitted  to  remain  at  the  said 

Retaiiin:;  KooJs  part  of  Pratt  street  wharf,  for   the  purpose  of  retailing   any 

prohibited  on       '  ,  ..  i  i  i    •         i  •  i<   t^    i 

said  wharf.  waros  or  inerehaudisc  whatsoever  purchased  m  the  city  oi  J^al- 
timore. 

Ibid,  s.  18.  41.     No  vessel  shall  remain  at  any  of  the  public  wharves 

RetaUing  goods  for  the  purposc  of  retailing  any  goods,  wares  or  merchandise 

at  public  .  n 

wharves  regu-  other  than  the  products  and  manufacture  of  the  State  of  Mary- 
land, more  than  three  whole  days ;  and  no  vessel  shall  lie  at 
any  of  the  city  wharves  for  the  purpose  of  retailing  dry  goods, 
wares,  merchandise  or  produce,  except  the  same  has  been 
brought  into  port  by  said  vessel,  under  a  penalty  of  ten  dollars, 
and  a  further  penalty  of  one  dollar  for  every  hour  it  remains 
after  the  master  thereof  shall  have  been  notified  by  the  harbor 
master  to  haul  off. 

Ibid,  s.  19.  42.     No  vessel  loaded  with  lumber  projecting  over  the  sides 

Certain  vessels  sliall   enter   any  dock  whatever,  without   the    master   thereof 
dock  without    haviug  first  obtained  the  consent  of  the  harbor  master  so  to 

permissiou. 

do,  under  a  penalty  of  twenty  dollars. 

Ibid, sec.  20.  43.     No  vessel  without  the  permission  of  the  harbor  master 

Vessels  not  to    or  his  dcputy,  shall  lie  in  the  second  tier  in  any  public  dock, 

lie  in  second  i  ..  ,  /.     t      i  ■  •     ^  .i 

tier  without       unless  tor  the  purpose  or  discharging  cargo  into  another  ves- 

peimisssion. 

sel,  under  the  penalty  of  live  dollars,  and  one  dollar  per  hour 
for  every  hour  said  vessel  shall  remain  after  the  master  thereof 
shall  have  been  notified  to  remove  by  the  harbor  master  or  his 
deputy,  and  any  vessel  thus  discharging  into  another  shall  re- 
move, in  order  to  let  any  other  vessel  pass  in  or  out  of  the  dock, 
whenever  required  by  the  harbor  master,  under  the  same  pen- 
alty for  non  compliance. 

Ibid, s.  21.  44.     It  shall  be  the  duty  of  each  harbor  master  to  notify 

Vessels  to  be      tlic  owucrs  Or  consignccs  of  all  vessels  lying  within   his  dis- 

pumped  out  •  i  i  i  "        i        '  •  i  i 

once  a  week,  trict,  to  liavc  the  saiuc  jjuinpcd  out  at  least  once  in  each  week, 
between  the  first  day  of  June  and  the  first  day  of  November, 
and  should  such  owners  or  consignees  refuse  or  neglect  so  to 


Harbor,  Docks  and  Wharves.  347 

Article  XXII.— Ordinances. 

do,  he,  she  or  they  so  refusing  or  neglecting,  shall  forfeit  and 
pay  a  sum  not  exceeding  twenty  dollars,  and  shall  uiorever 
defray  and  pay  the  expenses  incurred,  should  the  harbor  mas- 
ter have  the  same  done,  which  he  is  hereby  directed  to  do. 

45.  The  harbor  master  shall  serve  or  cause  to  bo  served,  a  ibid.s  aa. 
printed  notice  on  all  masters  of  vessels,  except  bay  craft,  witli-  noUcos  of  reg. 

'  J  1  ./  7  ulalioiis  to  be 

in   twenty-four  hours  after  the  arrival   of  such  vessel  at  the  j|^3*'J^'^^y^*g- 
port  of  Baltimore,  which  shall  contain  all  the  principal  regu- 
lations of  the  port,  and  it  shall   be  the  duty  to  see  the  same 
complied  with,  and  the  Comptroller  is  iiereby  required  to  fur- 
nish the  harbor  tnasters  with  such  notices. 

46.  It  shall  not  be  lawful  for  any  person  to  heave  down  or  ibid,  s.  aa. 
clean  a  vessel  at  any  public  wharf  within  any  part  of  the  basin  vessels  not  to 

•'    ^  "  be  hove  down, 

or  harbor  of  the  port  of  Baltimore,  or  land  or  put  on  shore  on  "[^^^.'^^^^-t';;^- 
any   of  the  said   wharves  any  stones,   bricks,   ballast,   oyster  °"'  permission, 
shells,  dirt  or  filth,  or  to  make  any  fire  thereon,  without  the 
permission  of  the  harbor  master ;  and  if  any  person  shall  be 
guilty  of  any  of  the  offences  aforesaid,  such  person  shall  for- 
feit and  pay  a  sum  not  exceeding  twenty  dollars. 

47.  Stone,  ballast,  sand,   manure,  oyster  shells,  ashes,  oribid.s.ai. 
dirt  of  any  kind  whatsoever,  shall  not  be  taken  on  board  any  BaUast^  &^c.  noi 
vessel  lying  at  a  city  or  public  wharf,  under  a  penalty  of  J-;;f. -j^hout 
twenty  dollars,  unless  the  master  of  said   vessel  first  obtain 

the  consent  of  the  harbor  master  or  his  deputy  thereto,  and 
they  are  hereby  directed,  before  either  of  them  grant  permis- 
sion as  aforesaid,  to  see  that  the  master  of  said  vessel  has 
taken  all  necessary  precaution  to  prevent  the  navigation  being 
injured  by  any  such  articles  falling  therein. 

48.  No  ballast  shall  be  landed  from  any  vessel  between  iwd.s.  as. 
the  months  of  May  and  October,  without  permission  therefor  Nor^und^ea^.^ 
first  obtained  from   the  harbor    master,  under   a  penalty  ofsio"- 
twenty  dollars. 


348 


Harbor,  Docks  and  Wharves. 


Article  XXII. — Ordinances. 


ibid.s.ae.  49.     All  vessels  hereafter  arriving  in  the  port  of  Baltimore, 

Vessels  in  bai-   (pubiic  vessels  and  bay  craft  pnly  excepted,)  having  sand,  dirt 

last  to  haul  to  a  '  '  p  •    i        i 

wharf.  or  gravel  for  ballast  on  board,  shall,  withm  forty-eight  hours 

after  their  arrival,  unless  prevented  by  some  unavoidable 
casualty,  haul  to  some  public  wharf,  and  continue  at  such 
wharf  during  the  time  that  they  retain  any  such  ballast  on 
board  ;  and  every  vessel  offending  herein  shall  forfeit,  for  every 
day  this  regulation  shall  be  disregarded,  the  sum  of  twenty 
dollars,  to  be  recovered  from  the  captain  or  consignee  of  such 
Proviso.  vessel ;  provided,  that  the  provisions  of  this  section  shall  not 

Quarantine.  OX  tend  to  any  vessel  while  subject  to  the  quarantine  or  health 
regulations,  nor  to  any  vessel  having  emigrants  on  board,  until 
such  vessel  shall  have  been  in  port  fifteen  days. 


No.  sr.,  Oct.  6, 

'74. 

Ashes,  shells, 

&c.  not  to  be 

tlirown  in  liar- 

bor. 


Penalty. 


50.  It  shal  1  not  be  lawful  for  any  owner,  captain,  mate  or  any 
other  person,  to  throw  overboard  into  the  harbor,  from  any 
ship,  barque,  brig,  schooner,  sloop,  pungy,  steamboat,  barge  or 
canal  boat,  above  the  Lazaretto,  any  ashes,  shells,  coal,  decayed 
fruit,  dead  fish,  or  such  carbage  as  accumulates  on  any  of  the 
above  enumerated  vessels,  or  any  otiier  kind  of  filth  ;  and  if 
any  person  or  persons  shall  violate  the  provisions  of  this 
section,  he  shall,  after  conviction  before  a  justice  of  the  peace, 
forfeit  and  pay  a  fine  of  twenty-five  dollars. 


Ibid,  s. 9.  51.     It   shall   be  the  duty  of  the   harbor   masters   of  the 

Duty  of  harbor  scvcral  distrlcts  of  thc  city,  and  the  day  and  night  police,  to 
police.  lodge  information  before  a  justice  of  the  peace  of  the  city  of 

Baltimore  fur  the  violation  of  any  of  the  provisions  of  the 
preceding  section,  that  may  come  under  their  personal  observa- 
tion.* 


*By  this  ordinance  No.  85,  Oct.  6, '74,  all  owners  of  private  wharves, 
wlierever  situate  on  thc  basin  above  the  mouth  of  .loncs'  Falls,  on  which 
there  are  no  wooden  platforms  raised  at  least  four  inches  above  the  bed  of 
the  streets,  were  directed  to  place  in  front  of  such  private  wharf  or  wliarvcs 
a  log  of  the  diameter  of  not  less  than  seven  inches,  such  log  to  be  securely 
fastened  to  the  wharf  in  sucli  a  way  as  might  be  directed  by  the  port  warden  ; 


Harbor,  Docks  and  Wharves.  349 

Article  XXII. — Ordinances. 

52.  If  any  person   shall  east  or  tlirow  any  ballast,  dirt,  v'o  s,  s. le.Feb. 
oyster-shells  or  filth   into  the  water,  in  any  part  of  the  basin  Baiiast, dirt, 

oyster  shells, 

or  harbor  of  the  i>ort  of  Baltimore,  above  the  Lazaretto,  or  &"<:■  "ot  to  he 

'  thrown  in  har- 

on  the  shore  of  said  basin  or  harbor  below  high- water  mark,  ^°^- 
or  in  Jones'  Falls  within  the  limits  of  the  city,  unless  for  the 
making  of  a  wharf  after  permission  obtained  for  that  purpose, 
and  which  wharf  shall  be  well  and  sufficiently  enclosed  and 
secured,  so  as  to  prevent  injury  to  the  navigation,  such  person 
or  persons  so  offending  shall  forfeit  and  pay  for  every  such 
offence,  a  sum  not  less  than  twenty  nor  more  than  fifty  Penalty. 
dollars. 

53.  It  shall  not  be  lawful  for  any  person  or  persons,  com-  no  s.s.is.Feb. 
panv  or  corporation,  to  cast,  throw  or  cause  to  flow,  any  fish,  Fish,  d-.ibs.  gas 

'         •'  ^  '  '  \  tar,  ottal,  &c. 

crabs,  animal  or  vegetable  matter,  gas  tar,  offal  of  houses, 
privies,  or  filth  of  any  kind,  into  the  waters  of  Jones'  Falls, 
Harford  run,  Ohatsworth  run,  Schroder's  run,  or  any  portion 
of  the  harbor  or  Spring  Gardens,  or  any  of  the  streams  or 
sewers  running  therein,  within  the  limits  of  the  corporation  ; 
and  if  any  company  or  corporation  shall  violate  any  of  the 
provisions  of  this  section,  they  shall  forfeit  and  pay  for  the 
first  offence,  the  sum  of  twenty  dollars,  and  a  further  sum  of  Penalty. 
twenty  dollars  for  each  and  every  day  thereafter,  until  the 
nuisance  is  abated  ;  and  if  any  person  or  persons  shall  violate 


and  the  port  warden  was  directed  to  notify  all  the  owners  of  private  wharves, 
as  described  in  above  section  of  this  ordinance,  as  soon  after  its  passage  as 
practicable,  to  place  logs  on  said  wharves  as  therein  directed  ;  any  owner 
or  owners,  trustees,  guardians,  agent,  or  any  other  person  having  possession, 
control  or  management  of  any  private  wharves,  as  hereinbefore  described, 
who  should  refuse  or  neglect,  thirty  days  after  being  notified  by  the  port 
warden,  as  herein  directed,  to  place  such  log  on  his,  her  or  their  wharf  or 
wharves,  to  pay  a  fine  of  twenty-five  dollars  for  such  refusal  or  neglect, 
and  five  dollars  a  day  for  each  and  every  day  thereafter  that  said  wharf  or 
wharves  remain  without  the  log,  as  required  by  this  ordinance;  and  the 
port  warden  was  required  and  directed  to  have  placed  on  all  the  wharves 
owned  by  the  City  of  Baltimore,  above  the  mouth  of  Jones'  Falls,  where 
there  were  no  wooden  platforms  raised  above  the  bed  of  the  street,  logs  similar 
to  those  above  required  for  private  wharves. 


350  Harbor,  Docks  and  Wharves. 


Article  XXII. — Ordinances. 


any  of  the  provisions  herein  contained,  he,  she  or  they  shall 
Penalty.  forfeit  and  pay  the  sum  of  ten  dollars  for  the  lEirst  offence,  and 

five  dollars  for  each  and  every  offence  thereafter. 
No. 8, s.  19,  Feb.      54,     jf  the  Gas  Light  Company  of  Baltimore,  or  any  other 
Gas  liKht com-   companv  or  person  shall  discharge  or  cause  any  water  to  flow 

pany  not  to  (lis-  r       J  r  <=>  o    1  j      ? 

charge  tar  or     jpto  Joncs'  Falls,  Harford  run,  Chatsworth  run,  Schroeder  s 

dreg's. 

run,  or  any  portion   of  the  harbor  or  Spring  Gardens,  or  any 

of  the  streams  or  sewers  running  therein,  within  the  limits  of 

this  city,  in  which  water  there  may  be  any  gas  tar  or  other 

lees  or  dregs,  unless  the  water  so  discharged  shall  be  so  filtered 

or  strained  as  to  prevent  an  accumulation  of  said  tar,  lees  or 

dregs,  in  the  channel  or  bed  of  said  Jones'  Falls,  Harford  run, 

Chatsworth  run,  Schroeder's  run,  or  any  portion  of  the  harbor 

or  Spring  Gardens,  or  any  of  the  streams  or  sewers  running 

therein,  the  company  or  person  so  offending  shall  forfeit  and 

Penalty.  pay  a  fine  of  twenty  dollars  for  the  first  offence,  and  a  further 

penalty  of  twenty  dollars  for  each  and  every  day  the  said 

water  shall  be  discharged,  without  being  filtered  or  strained  as 

aforesaid. 

»eSyNo.96,Api.      55,     All  vessels  are  compelled  to  anchor  to  the  northeast 

Anchorage        of  the  auclioragc  buoy  placed   in   the  northeast  part  of  the 

Where  vessels    liarbor  of  Baltimore,  on  a  line  from  the  foot  of  Fell  street  to 

to  anchor. 

Penally.  tiic  Lazarctto  light-house,  or  be  subject  to  a  fine  of  ten  dollars 

per  hour  for  every  hour  they  may  remain  at  any  other  anchor- 
age in  the  harbor  after  having  been  duly  notified  in  writing 
by  the  harbor  master  of  said  district  to  anchor  inside  the  above 

Proviso.  prescribed  limits ;    provided,  in  the  event  of    the  prescribed 

space  being  insufficient  to  accommodate  said  vessels,  the  harbor 
master  shall  provide  in  his  discretion  other  suitable  places. 

No.  6,  Mar.  14,       56.     It  shall  uot  be  lawful  for  any  steamship,  steamboat  or 

Vessels  not  to    Sailing  vcsscl  of  any  descHption   to  anchor  in  the  channel  of 

anchor  in  rhan-  ./  1  - 

neis  of  harbor  the  harbor  between  Fort    McHenry  and  Light  street  wharf, 

between  i  ort  •'  -^  ' 

Ughrst7eet"'*    ^"^  ^"J  persou  in   charge  of  any  vessel  who  shall  violate  the 
provisions  of  this  section,  after  having  received  three  hours' 


Harbor,  Docks  and  Wharves.  351 


Article  XXII.— Ordinances. 


notice  from  tlie  liarbor  master  to  remove,  shall  forfeit  and  pay 
a  penalty    of   twenty-five   dollars,  and    a   further  penalty  of  Penalty 
twenty  dollars  for  every  day  such  violation  shall  be  continued, 
to  be  recovered  in  the  same  manner  as  other  fines  and  penalties 
are  now  recoverable. 

WHAKV1ES. 

57.     All  vessels  resorting  to  or  lyiriff  at,  landino-,  dopositinc:  no.  94,  s.  i.  r. 

.    ,  ,        n  ,  .        "••.  No.  .".8,  May 

or  transporting  goods  or  articles  on  any  wharr  or  wharves  be-  ac, 'cc. 

longing  to  the  Mayor  and  City  Council,  or  any  public  wharf  wharfage. 

in  the  city  of  Baltimore,  other  than  the  wharves  belonging  I0 

or  rented  by  the  State,  and   that  i)art  of  Pratt  street  wharf 

heretofore  reserved  for  the  use  of  the  citizens  of  this  State,  shall 

pay  wharfage  according  to  the  Ibllowing  rates,  viz:  there  shall  charge  upon 

'      ■'  "  r>  .  CT  vessels. 

be  charged  upon  all  vessels  lying  at  any  of  the  city  wharves, 
of  ten  and  not  exceeding  fifty  tons  measurement,  one  dollar 
per  diem  ;  all  vessels  of  fifty  and  not  ejfteeding  one  hundred 
tons  measurement,  one  dollar  and  fifty  cents  per  diem;  and 
all  vessels  over  one  hundred  and  fifty  tons  measurement,  one 
cent  per  ton  per  diem  ;  and  all  vessels  outside  of  first  tier,  half 
price.     Twelve  and   a  half  cents  .per  cord  shall  be  charged  charge  upon  fire 

•  .      wood. 

upon  all  firewood  landed  upon  any  of  the  city  wharves;  said 
wood,  however,  not  to  remain  upon  the  wharf  over  five  days : 
and  all  vessels,  except  those  laden  with  firewood,  resorting  to 
or  lying  at,  landing,  depositing  or  transporting  goods  or  articles 
on  any  wharf  or  wharves  belonging  to  or  rented  by  the  State, 
shall  pay  dockage  according  to  the  following  rates,  viz:  those 
occupying  the  first  tier,  shall  pay  one  cent  per  ton  per  day ; 
those  occupying  the  second  tier,  two-thirds  of  a  cent  per  ton 
per  day ;  and  all  beyond  the  seeond  tier,  half  a  cent  per  ton 
per  day. 

58.     All  vessels  occupying  the  first  and  second  tiers  shall  no.94,s.2,r.o. 
pay  double  the  above  rates  for  every  day  above  six,  and  treble  Further  rate.,  of 
for  every  day  more  than  twelve,  that  they  shall  remain  at  any 
of  the  said  public  wharves,  unless  authorized  to  remain  longer 


352  Harbor,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 

by  the  harbor  master,  detained  by  ice,  or  being  aground ;  in 
which  eases,  they  shall  pay  only  single  wharfage;  and  the 
harbor  master  is  hereby  authorized  to  extend  the  time  for  all 
vessels  lying  at  public  wharves  over  the  six  days  mentioned  in 
this  section,  in  all  cases  when  he  may  think  the  public  interest 
promoted  thereby,  when  it  does  not  operate  injuriously  to  in- 
Twoormore     dividuals  I  and  if  two  or  more  vessels,  owned  or  employed  by 

vessels  belong-  i       •/  1/ 

ing^to  the  same  i\^q  game  pcrsou  or  persons,  shall  occupy  the  same  berth  suc- 
cessively, they  shall  pay  wharfage  as  if  they  were  one  and  the 
same  vessel. 

Ibid,  s.  3.  59.     All  goods,  wares  or  merchandise  landed  on  the  public 

Rates  on  goods  wharvcs  from  on  board    any  vessel  or  vessels  lyinar  at  said 

landed  on  or,  •'  ./       o 

pu'bucwha"ves  wliarvcs,  or  placcd  thereon  for  the  purpose  of  shipment  or 
exposure  for  sale,  shall  pay  the  following  rates  of  wharfage 
for  each  and  every  day  the  same  may  remain  thereon,  or 
any  less  time,  excepting  however,  firewood  and  lumber,  the 
rates  of  which  are  to  be  accounted  for  the  whole  time  allowed 
by  ordinance*  for  the  same  to  remain  on  the  wharves,  to  be 
paid  by  the  owner  or  consignee,  or  in  event  of  there  being  none 
the  master  of  the  vessel,  and  all  goods  shipped  from  one 
vessel  to  another,  one-half  price  to  be  paid  by  tlie  shipper; 
bags  of  coffee,  ginger,  pepper,  or  any  other  articles  in  similar 
bags,  each  one  cent;  bales  of  merchandise,  cotton,  dry  goods, 
&c.,  each  four  cents;  barrels  of  every  description  containing 
merchandise  or  otherwise,  each  two  cents  ;  boxes  of  sugar,  dry 
goods  and  foreign  drugs,  gums,  &c.,  each  three  cents  ;  boxes  of 
raisins,  soap,  tin,  candles,  &c.,  each  one-half  cent :  castings  of 
all  kinds,  per  ton,  fifteen  cents;  carriages,  wagons,  or  carts, 
each  twelve  and  one-half  cents;  coal,  per  ton  of  twenty-eight 
bushels,  plaster,  &c.,  five  cents;  cord  wood,  per  cord,  six  and 
one-quarter  cents;  cordage,  per  ton,  fifteen  cents;  crates  of 
ware,  or  hampers  of  bottles,  &c.,  each  four  cents;  dyewoods  of 


*  See  p.  341,  ante. 


Hakbok,  Docks  and  Wharves.  353 

Article  XXII.— Ordinances. 


all  kinds,  per  ton,  fifteen  cents;  grain,  per  bushel,  and  all 
other  articles  sold  by  the  bushel,  other  than  the  product  of  the 
State  of  Maryland,  one-half  cent ;  grindstones,  each  one  cent ; 
hides,  per  hundred,  thirty  cents;  leather  per  hundred  sides, 
fifteen  cents;  hoglieads  and  pipes  of  every  description,  con- 
taining merchandise  or  otherwise,  each  six  and  one-quarter 
cents;  hetnp,  iron  or  steel,  per  ton,  five  cents;  kegs  of  nails, 
shot,  raisins,  butter,  lard,  &c.,  each  one  cent;  mill  stones, each 
twenty-five  cents ;  salt,  in  sacks,  each  one  cent;  shingles  and 
laths,  per  thousand,  two  cents;  tierces  of  every  description, 
containing  merchandise  or  otherwise,  each  four  cents;  all  other 
goods  not  enumerated  in  the  above  list,  to  pay  in  proportion. 

60.  It  shall  be  the  duty  of  the  harbor  masters  to  make  iwa, s.  4. 
their  returns  to  tlie   Register  of  all  money  collected  by  them,  Harbor  masters 

~  to  make  returns. 

80  as  to  designate  that  received  from  vessels  for  wharfage  or 
tonnage,  and  that  received  from  goods,  and  the  names  of  the 
vessels  from  which  the  same  may  be  collected. 

61.  All  vessels  resorting  to  or  lying  at,  landing,  depositing  ibid.  s.  5. 

or  transuortinsr  troods  or  articles  other  than  the  production  of  vessels  which 

^  00  ai'c  chargeable 

this  State,  on  or  from  any  wharf  or  wharves  belonging  to  the  with  cuy  wi.arf- 
Mayor  and  City  Council,  or  any  public  wharf  in  the  said  city 
other  than  the  wharves  belonging  to  or  rented  by  the  State, 
shall  be  chargeable  with  the  wharfage  as  fixed  by  this  ordi- 
nance, upon  all  goods  or  articles  landed  or  deposited  on  any 
wharf  or  wharves  belonging  to  the  said  Mayor  and  City  Coun- 
cil ;  and  the  master  or  owner  of  the  vessel  so  depositing,  land-  Master  or  owner 

responsible. 

ing  or  transporting  said  goods  or  articles,  shall  be  responsible 
for  the  same. 

62.  The  Mayor  is  authorized  and  empowered,  if  he  should  ibid.s.e. 
at  anv  time  find  that  it  would  promote  the  interest  of  the  city  power  oi  the 

J  £•  ■     1  Mayor. 

and  the  convenience  of  the  public,  to  receive  from  the  owner 
or  consignee  of  goods  or  articles  so  landed  and  deposited,  the 
amount  of  wharfage  which  may  be  due  thereon  by  the  vessel, 


354  Harbor,  Docks  and  Wharves. 


Article  XXII. — Ordinances. 


master  or  owner  thereof,  in  lieu  of  any  charge  npon  said  vessel, 
to  the  amount  or  rate  paid  by  the  owner  or  consignee  of  said 
goods,  and  the  said  Mayor  is  further  empowered  to  make  such 
agreements  in  relation  to  said  wharfage  as  may  be  found  neces- 
sary to  secure  the  collection  thereof. 

Ibid,  3  7.  63.     All  goods,  wares  and  merchandise,  except  articles  enh- 

Goods  placed     jcct  to  Inspcction,  whicli  may  be  placed  on  any  public  wharf, 

on  the  public 

wharves,  when  shall  bc  rcmovod  ou  tlic  samc  day,  under  a  penalty  of  twenty 

to  be  removed.  "^  '  i  j  j 

Articles  ex-       ccuts  for  evcry  foot  the  same  may  occuj)y  of  the  length  of  the 

ccptcd* 

wharf,  and  twenty-five  cents  per  foot  for  every  day  whicli  the 
said  goods,  wares  or  merchandise,  or  any  part  thereof,  may  re- 
main on  said  wharf. 

Ibid,  s.  8.  64.     It  shall  not  be  lawful  for  firewood  to  remain  on  any 

Firewoo>i,  lum-  pubHc  wharf  inorc  than  ten  daj's,  under  the  penalty  of  twenty- 

ber,  &c.,  on   the  ,  /.      i  •     *  i   • 

public  wharves  five  ccnts  pcr  day  per  front  foot  of  the  wharf  whicli  it  mav 

regulated.  i  ./     i 

occupy,  and  it  shall  not  be  lawful  for  any  lumber,  timber, 
posts,  hoop  poles,  staves,  laths  or  shingles,  to  remain  on  any 
of  said  wharves,  city  dock,  or  the  landing  on  Jones'  Falls  south 
of  Pratt  street,  more  than  twenty  days,  under  a  penalty  of 
twenty-five  cents  per  day  per  foot  of  said  wharf  or  landing. 

Ibid,  s  9.  65.     It  shall  not  be  lawful  for  any  person  or  persons  to  land 

Firewood  and    ou   Bowly's   wharf,  any  firewood  or   lumber,  without  the  per- 

lumbernotto  ,  •     i        j  •        •         u 

be  landed  on      mission,  in  Writing,  of  tlic  harbor  master  oi  the  district  first 

Bowly's  wharf  '  °' 

^^^■^outpoi-  iiad  and  obtained,  under  a  penalty  not  exceeding  twenty  dol- 
lars for  every  load  or  part  of  a  load  of  firewood  or  lumber  so 
landed,  and  at  no  time  shall  more  than  one-third  of  the  width 
of  said  wharf  be  occupied  or  used  for  the  deposit  of  articles 
unladen  from  any  vessel. 
No.58,s.i,May  66.  The  followiug  rates  of  wharfage  shall  be  charged  and 
Rates  of  wharf- collected  by  the  several  harbor  masters:  on  all  lumber  landed 

age  on  lumber.  i  j  i- 

upon  any  of  the  city  wharves,  fifteen  cents  per  thousand  leet, 
and  for  every  ten  days  said  lumber  shall  be  kept  upon  the 
wharf,  an  additional  fifteen  cents  per  thousand  feet  shall  be 
charged  and  collected. 


Harbor,  Docks  and  Wharves.  355 


Article  XXII.— Ordinances. 


ace  vessels 
may  occupy. 


regu- 
lated. 


67.  No  ship  or  other  vessel,  boat  or  scow,  shall  be  permit-  ibid.s. 
ted  to  uccujjy  with  cargo,  loading  or  discharging,  a  greater  sp; 
length  of  wharf  than  the  hull  of  said  vessel,  without  the  spe- 
cial permission   of  the  harbor  master  or  his  deputy,  under  a 
])enalty  of  ten  dollars,  and  all  scows  or  other  open  boats  used  scows 
for  carrying  cargo,  shall  pay  twenty-five  cents  for  each  time 
the  said  boat  or  scow  shall  load  or  discharge  at  any  of  the 
public   wharves;  provided,  the  same  shall  not  remain   at  the  Proviso, 
wharf  more  than  one  day,  and  if  more  than  one  day  twenty- 
five  cents  for  each   day,  and  all  open   boats  or  scows  shall 

be   subject    to    and    regulated    by   the   harbor    master,    with 
the  approbation  of  the  Mayor. 

68.  It  shall  not  be  lawful  for  any  person  to  encroach  further  iMd,  s.  11. 

on  Pratt  or  Light  street  wharf,  with  any  articles  landed  thereon,  Encroachinf  on 

...  .  .  Pratt  and  Light 

than  eighteen  lect,  measuring  from  the  inner  edge  of  the  logs  street  wharves. 

or  stones  of  which  the  said  wharves  are  formed,  nor  shall  any 

article  not  subject  to  inspection  be  permitted  to  remain  on  said 

wharves  longer  than  forty-eight  hours,  under  a  penalty  of  ten 

dollars  for  each  and  every  ofTence,  and  five  dollars  for  each 

and   every  day  it  shall  remain  thereafter,  nor  shall  any  cart, 

dray,  wagon  or  other  vehicle,  stand  on  said  wharves  longer  than 

shall  be  absolutely  necessary  to  load  and  unload,  and  all  wagons 

loading  and  unloading,  shall  be  drawn  up  cloae  to  and  parallel 

with  the  kerbstones,  under  a  penalty  of  five  dollars  for  each 

and  every  offence.* 

*The  act.s  of  1796,  c.  45,  1801,  c.  93,  and  1805,  c.  84,  authorized  the  owners 
of  lots  binding  on  Light  street  in  Baltimore  to  extend  wharves  into  the  basin 
to  a  certain  line,  and  provided  that  sixty  feet  "  of  said  wharves,  when  so 
made  out  and  extended  at  the  end  thereof,  parallel  with  the  line  of  Forrest 
street,  shall  be  deemed  taken  and  considered  as  a  public  highway  forever 
thereafter,  reserving,  nevertheless,  to  the  proprietors  of  said  wharves  the  bene- 
fit and  advantage  of  the  wharfage  thereof,  under  the  limitations  aforesaid." 
The  ordinance  of  1826,  No.  12,  section  3,  [section  68  above,]  declared  that  it 
should  not  be  lawful  to  encroach  upon  these  wharves  with  any  article 
landed  thereon  further  than  eighteen  feet,  measuring  from  the  inner  edge  of 
the  logs  or  stones  of  which  they  are  formed.    But  it  did  not  appear  that  this 


366  IIakbok,  Ducks  and  Whakvkb. 


Article  XXII. — Ordinances. 


No.  30,  Api  5,        g9.     It  shall  not  be  lawful  for  any  person  or  persons  to  rank, 
Firewood,  &c.,   pile,  or  placc  any  lire  wood,  luinbcr.  or  any  article  of  i^oods  or 

on  Light  street    1         '  '  J  '  .J  .         ^  ^ 

whari.  merchandise,  on  Light  street  wharf  within  twenty-iive  feet  of 

I  the  kerb-stone,  under  a  penalty   of   ten  dollars  for  each  and 

every  offence,  and  five  dollars  for  each  and  every  day  it  shall 
remain  thereafter. 


(jrdi nance  was  ever  enforced.  By  the  ordinance  of  1869,  No.  7,  tlie  street 
cunuuissioners  were  directed  "  to  condemn  and  widen  all  that  part  of  Light 
street,  between  Pratt  and  Lee  streets,  the  said  widening  to  be  made  twenty 
feet  eastwardly  from  the  eastern  side  of  said  street."  The  powers  and  duties 
of  the  street  commissioners  are  detined  in  the  ordinance  of  1866,  No.  26,  the 
17th  section  of  which  provided  that  they  shall  be  allowed  ninety  days  to 
complete  any  proceedings  commenced  by  them  under  that  or  any  further 
ordinance,  and  if  they  cannot  so  complete  the  same,  they  shall  report  the 
fact  to  the  Mayor  and  City  Council,  and  shall  suspend  all  further  proceed- 
ings until  otherwise  directed.  On  a  bill  for  an  injunction  to  restrain  the 
collection  of  an  assessment  for  the  condemnation  of  the  wharfage  rights  of 
the  proprietors  along  Light  street,  made  under  ordinance  of  1869,  No.  7,  it 
was  held : 

1st.  That  the  acts  of  1796,  c.  45,  1801,  c.  92,  and  1805,  c.  84,  established  an 
incomplete,  limited  and  qualified  highway  over  the  wharves,  leaving  to  the 
proprietors  thereof  the  right  to  use  as  much  of  it  as  was  necessary  for  the 
fair  and  just  enjoyment  of  the  privileges  granted  and  reserved  to  them  by 
those  statutes,  and  it  was  competent  for  the  city  authorities  to  condemn  the 
rights  still  remaining  in  the  proprietors,  and  to  assess  the  benefits  arising 
from  such  condemnation  on  the  neighboring  proprietors. 

2d.  That  a  court  of  equity  will  not  interfere,  on  the  ground  that  the 
damages  allowed  and  benefits  assessed  in  the  condemnation  were  excessive, 
the  remedy  of  parties  objecting  on  this  ground  being  an  appeal. 

M.  That  in  determining  what  was  the  eastern  line  of  Light  street  in  the 
l)hrase  "  the  widening  to  be  made  twenty  feet  easterly  from  the  eastern  side 
of  said  street,"  occurring  in  the  ordinance  of  1869,  No.  7,  reference  must  be 
had  to  the  state  of  things  existing  at  the  passage  of  the  ordinance,  and  not 
to  the  highway  described  in  the  acts  of  1796  and  1805. 

4th.  That  a  court  of  equity  will  not  interfere,  on  the  ground  that  the  street 
commissioners  failed  to  comply  with  ordinance  of  1866,  No.  26,  section  17, 
[now  repealed  by  ordinance  No.  54,  May  10,  '70,]  by  not  completing  their  work 
in  ninety  days,  and  by  completing  it  afterwards,  without  first  obtaining  direc- 
tion from  the  city  authorities;  the  remedy  of  parties  objecting  on  this  ground 
being  an  appeal  from  the  action  of  the  street  commissioners.  Hazdhurd  et. 
al.  v.  Mayor,  &c.,  37  Md.  199 ;  Dashiea  v.  Mayor  &c.,  45  Md.  626. 


Harbor,  Docks  and  Wharves.  357 


Article  XXII. — Ordinances. 


70.  It  shall  be  unlawful  for  any  person  or  persons  to  pile  no  39,s.i,Mar, 
or  place  cord  wood  on  Light  street  wharf  in  ranks  of  a  greater  puing  cord 

,      .     ,  ,  •       p  wood  on  LiKht 

height  than  six  leet.  street  wharf. 

71.  It  shall  be  unlawful  for  any  person  or  persons  to  suffer  iMd,  s.  a. 

or  allow  any  cord  wood   to  remain  on  any  portion  of  Light  How  long  cord 

.         „     ,        .  wood  to  remain 

street  wharf,  in    his  or  their  occupancy  or  possession,  for  a ""  "'at  wuari. 
longer  period  than  three  days  after  the  same  shall  have  been 
placed  thereon. 

72.  Any  person  or  persons  violating  any  of  the  provisions  iwa,  s.  a. 
of  the  preceding  two  sections,  shall  forfeit  and  pay  for  every  penalty. 
such  violation  the  sum  of  twenty  dollars,  and  ten  dollars  for 

each  and  every  day  thereafter  until  the  provisions  thereof  are 
complied  with,  to  be  collected  as  other  fines  and  penalties  are 
collected. 

73.  It  shall  not  be  lawful  for  any  person  or  persons  to  land  iMd,  s.  la. 

on  McElderrv's  or  Dugan's  wharves,  or  at  the  head  of  McEl-  wood  or  lumber 

•^  "  not  to  be  landed 

derry's  dock,  fronting  on  Pratt  street,  any  firewood  or  lumber,  °;!  ^^^?,|;-,\1f  ^'^ 
without  permission,  in  writing,  of  the  harbor  master  for  the  **>"* 
district  first  had  and  obtained,  under  a  penalty  of  twenty  dol- 
lars for  every  load  or  part  of  a  load  of  firewood  or  lumber  so 
landed,  to  be  levied  on  any  vessel  or  vehicle  from  whicli  said 
wood  or  lumber  may  have  been  landed,  and  on  the  owner  or 
owners  thereof. 

74.  At  no  time  shall  more  than  one-third  of  the  width  of  ibid,  s.  13. 
said  wharves  be  occupied  or  used  for  the  deposit  of  said  fi^e- No^t  more  th.j. 
wood  or  lumber,  under  a  penalty  of  fifty  cents  per  cord  on  occupied. 
the  wood,  and   one  dollar  per  thousand  feet  on  the  lumber; 

and  it  shall  not  be  lawful  for  firewood  or  lumber  to  remain  on 
said  wharves  more  than  twenty-four  hours  from  the  time  of 
landing,  under  a  penalty  of  fifty  cents  per  cord  on  the  wood,  penalty. 
and  one  dollar  per  thousand  feet  on  the  lumber,  for  the  first 
offence,  and  a  similar  penalty  for  each  subsequent  day  on 
which  said  wood  or  lumber  shall  remain  on  said  wharves,  to 


358  Habboe,  Docks  and  Wharves. 


Article  XXII. — Ordinances. 


be  levied  on  said  wood  or  lumber,  and  the  owner  or  owners 
thereof. 

bid,  3. 14,  75.     Any  vessel  entering  McElderry's  dock  with  wood  or 

Vessels  not  to    lumber  on  board  for  the  object  of  landing  the  same,  shall  not 

remain  more 

than  four  days,  be  permitted   to  occupy  berths  or  remain  in  said  dock  more 
Penalty.  than  four  days,  iinder  a  penalty  of  five  dollars  per  day  for  eacii 

day  which  they  may  remain  in  said  dock  over  four  days,  (Sun- 
days excepted,)  the  penalties  to  be  collected  as  provided  for  in 
section  73. 


Ibid,  3. 15.  76.     It  shall  not  be  lawful  to  place  any  goods,  wares  or  mer- 

Goods  on  public  chandisc  on  any  of  the  public  wharves  within  sixteen   feet  of 

wharves  regu- 
lated, the  kerb-stones,  under  a  penalty  of  five  dollars  for  each  of- 
fence ;  and  it  shall  not  be  lawful  to  place  any  goods,  wares  or 
merchandise  on  any  of  the  public  wharves,  unless  the  same 
be  discharged  from,  or  are  to  be  laden  on  board  some  vessel, 
or  to  place  anything  which  may  obstruct  the  free  passage  of 
said  wharves  by  carriages  of  any  description,  under  a  penalty 
of  five  dollars  for  each  ofience,  and  a  further  sum  of  one  dol- 
lar per  day  for  "each  foot  in  length  of  the  wharf  which  the 
same  may  occupy,  and  for  each  day  the  same  may  remain  ; 
and  the  owner,  proprietor  or  agent  of  any  goods,  wares  or 
merchandise,  who  shall  place  or  cause  to  be  placed  such 
goods,  wares  or  merchandise  so  as  to  obstruct  the  passage 
aforesaid,  and  shall  neglect  or  refuse  to  remove  the  same  when 
required  so  to  do  by  the  harbor  masters  or  any  one  of  their 
deputies,  shall  pay  a  fine  of  ten  dollars  for  each  offence,  and 
a  further  sum  of  five  dollars  for  each  day  the  same  may  re- 
main thereafter. 

Ibid,  8. 16.  77.     The  wharves  in   front  of  the  several   tobacco   ware- 

wharresre-      houscs  shall  be  reserved  for  the  accommodation  of  vessels  and 

served  for  to-  '  . 

baccoware-      SCOWS  briiiginsi;  and  taking  tobacco  to  and  from  said  ware- 
houses, o     o  o 

houses,  provided  that  the  usual  tonnage  shall  be  paid.* 
*  See  p.  334,  ante. 


Habbor,  Docks  and  Wharves.  359 


Article  XXII. — Ordinances. 


78.  The  harbor  master  for  the  district  is  hereby  authorized  ibid,  s.  17. 
and  directed  to  allow  the  fisherman  or  dealers  in  fish,  the  ex-  Fishermen  to 

!•  /»ii  'L  i/»  i<»  /.T-k.i  have  exclusive 

elusive  use  01  the  city  whari  at  the  root  or  I  resident  street,  "se  oi  city 

•^  '  wharf  at  loot  of 

they  paying  the  usual  wharfage,  and  being  subject  to  the  ordi-  Presiuent street. 
nances  regulating  wharves  and  wharfage. 

79.  Whenever  the  owner  or  owners,  agent  or  agents  of  any  iMd,  s.is. 
goods,  wares  or  merchandise  landed  on  any  of  the  city  wharves,  Goods  beiong- 

1  •         1    1  1        1        1  /.  .11       '"o  'o  unknown 

cannot  be  ascertained  by  the  harbor  master,  alter  said  goods,  persons  to  be 

■^  '  !=>  '  removed. 

wares  or  merchandise  have  been  landed  thereon  forty-eight 
hours,  it  shall  be  the  duty  of  the  harbor  master,  and  he  is 
hereby  authorized  to  remove  said  goods,  wares,  or  merchandise, 
and  deposit  the  same  in  some  convenient  and  safe  place,  and 
to  detain  said  goods,  wares  or  merchandise  until  the  owner  or 
owners,  agent  or  agents  thereof,  shall  pay  the  expense  of  remov- 
ing and  storing  the  same. 

80.  The  harbor  masters  are  hereby  authorized  to  sell  any  ibid,  s.  19. 
property  which   may   be  removed  by  them  from  any  of  the  when  and  how 

"       r         J  111  !•  •  ^*''^   goods  may 

wharves  of  the  city,  and  detained  under  the  preceding  section,  be  sold. 
having  first  given  at  least  thirty  days'  notice  of  any  such  sale, 
and  pay  the  proceeds  to  the  Register  for  the  use  of  the  city, 
provided,  that  any  articles  which  are  perishable  in  their  nature,  Proviso. 
may  be  sold  in  any  number  of  days,  not  less  than  three,  in 
the  discretion  of  the  harbor  master. 

81.  The  said  harbor  masters  are  hereby   authorized  and  1^^,3.30. 
directed    to  cause  all  watermelons  and  other  fruits,  fish  and  Nuisances  to  be 
vegetables  to  be  removed  from  the  public  wharves  whenever'"""'*'^  ' 
they  shall  become  a  nuisance ;  and  the  owner  or  owners  of 

any  such  watermelons  or  other  fruit,  fish  or  vegetables,  shall 
forfeit  and  pay  the  sum  of  five  dollars  for  each  and  every  day 
he,  she  or  they  shall  neglect  or  refuse  to  remove  the  same 
after  being  notified. 

82.  The  said  harbor  masters  shall  not  permit  any  cart  or  ibid,  s.  91. 
other  vehicle  to  stand  on  any  of  the  public   wharves  of  the  carts,^&c.,  a^^^ 
city  for  the  purpose  of  retailing  fruits  or  other  articles,  but 


360;  Harbok,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 

shall  cause  the  same  to  be  removed  as  soon  as  loaded  ;  and 
in  case  of  neglect  or  refusal  on  the  part  of  any  person  having 
charge  of  the  same  to  remove,  when  required  by  the  harbor 
masters,  or  any  one  of  them,  he  or  she  shall  forfeit  and  pay  the 
sum  of  one  dollar  for  each  and  every  hour  such  cart  or  other 
vehicle  shall  remain  after  the  notice  for  its  removal. 

Ibid  8.22.  83.     It  shall  be  the  duty  of  the  harbor  masters  to  collect, 

Harbor  masters  witliin   their  rcspcctive  districts,  all   the  aforesaid   penalties  ; 

to  collect  i)enal- 

ties.  and  if  any  person  or  persons  shall  obstruct  the  harbor  mas- 

ters, or  any  one  of  them,  in  the  collection  of  the  aforesaid  pen- 
alties, he  or  they  shall  forfeit  and  pay  live  dollars  for  every 
such  offence;  and  the  harbor  masters,  respectively,  shall  once 

To  account  on    in  cvcry  mouth  account,  on  oath,  and  pay  over  to  the  Register, 

oath,  monthly,  .,,.  c     i  •  -,•  i 

and  pay  to  Reg-  all  moucy  by  them  received  by  virtue  oi  this  ordinance;  and 

the  harbor  masters  of  the  various  districts  shall    not    permit 

Booths,  &c.,       any  booth,  stand,  stall,  cart,  waffon   or  any  other  vehicle  or 

prohibited.  .  >  j  5  &  .; 

establishment  to  be  erected  or  placed  upon  any  of  the  public 
wharves  of  the  city  for  the  purpose  of  exposing  for  sale  and 
selling  by  wholesale  or  retail,  any  fruits  or  other  article;  and 
the  owner  or  owners  neglecting  or  refusing  to  remove  the 
same,  when  required  by  the  harbor  master,  shall  forfeit  and 
pay  the  sum  of  five  dollars  for  each  and  every  day  they  shall 
refuse  or  neglect  to  remove  the  same  after  being  notified. 


less  than  one 
day. 


Ibid,  s.  23.  84.     No  portion  of  this  ordinance  shall  be  construed  to  im- 

Goods  in  <raM-    poso  any  charge  on  articles  passing  over  or  deposited   on  tlie 

situ  not  to  be        ^  "^  ^  r  &  I 

charged  with     wharves  of  the  city  for  a  less  time  than  one  day,  for  the  pur- 

wharJage  for  ''  .>  '  i 

pose  of  delivery  from  or  on  board  of  any  vessel  trading  with- 
in the  limits  of  this  State,  other  than  the  regular  wharfage 
chargeable  on  such  vessel. 

No.  2,  Nov.  23,       85,     It  shall  not  be  lawful  for  any  steam  passenger,  excur- 

Gang  planks  at  sion,  or  freight  boat  carrying  passengers,  belonging  to  the  port 

of  Baltimore,  to  be  unprovided    with  a  gang-plank  at  least 

four  feet  wide,  with  a  liand-rail  on  each  side  thereof  four  feet 


Harbor,  Docks  and  Wharves.  361 

Article  XXII. — Ordinances. 

liigh,  the  space  between  the  hand-rail  and  the  gang-plank  to 
be  BO  enclosed  by  netting  or  balusters  as  to  prevent  any  person 
or  persons  passing  over  said  gang-plank  from  falling  overboard; 
said  gang-plank  to  be  used  by  said  boats  at  all  times  upon 
making  fast  to  any  wharf  or  pier  in  the  city  of  Baltimore, 
for  the  purpose  of  embarking  or  debarking  passengers. 

86.  Any  owner  or  owners,  or  captain  of  any  steam  passen-  j^jj  ^  g 
ger,  excursion,  or  freight  boat  carrying  passengers,  who  shall  pe„aity. 
refuse  or  neglect  to  comply  with  the  provisions  of  the  preced- 
ing section,  shall  be  liable  to  a  fine  of  fifty  dollars  for  such 
refusal  or  neglect  to  comply,  said  fine  to  bo  recovered  as  such 
fines  and  penalties  are  recoverable,  and  shall  be  liable  to  a 
siinilar  fine  for  each  day  said  owner  or  owners,  or  captains, 
shall  refuse  or  neglect  to  comply  with  the  preceding  section, 
after  the  first  ofi'ence. 

DRIFTINGS  OF  ARKS  AND  LUMBER. 

87.  If  any   ark  or  arks,  or  parts  thereof,  raft  or  rafts,  or  no.  25,a.  i,r. 
parts  thereof,  or  lumber  of  ark  logs,  shall  be  found  drifting  Arks,  &c.,  not 
about  or  otherwise  obstructing  the  basin  or  river  within  the  bor. 
limits  of  the  city  of  lialtimore,  the  owner  or  owners,  agent  or 

agents,  consignee  or  consignees  of  such  ark  or  arks,  or  parts 
thereof,  raft  or  rafts,  or  parts  thereof,  lumber  or  ark  logs,  shall 
forfeit  and  pay  to  the  city  the  sum  of  five  dollars  for  each  and  Penalty. 
every  day  such  ark  or  arks,  or  parts  thereof,  raft  or  rafts,  or 
parts  thereof,  lumber  or  ark  logs,  shall  be  found  drifting  about 
or  obstructing  the  harbor  as  aforesaid  ;  provided,  however,  proviso, 
that  the  liarbor  masters  or  their  deputies,  or  some  of  them, 
shall  cause  notice  to  be  given  to  the  owner  or  owners,  agent  or 
agents,  consignee  or  consignees,  whenever  they  or  any  of  them 
can  be  found,  to  have  such  ark  or  arks,  or  parts  thereof,  raft 
or  rafts,  or  parts  thereof,  lumber  or  ark  logs,  immediately 
secured  in  such  a  manner  as  will  not  obstruct  the  navigation 
of  said  basin  or  river. 


3G2  Harbor,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 

Ibid  s.  2.  88.     In  ease  of  the  refusal  or  iiegleet  of  any  owner  or  own- 

Duty  of  harbor  ers,  agent,  or  agents,  consignee  or  consignees  of  any  ark  or 
arks,  or  parts  thereof,  raft  or  rafts,  or  parts  thereof,  or  lumber 
or  ark  logs,  to  have  the  same  secured  as  aforesaid  ;  or  when- 
ever  no  such  owner,  agent  or  consignee  can  be  found,  it  shall 
and  may  be  lawful  for  the  harbor  masters,  their  deputies,  or 
any  one  of  them,  to  cause  the  said  ark  or  arks,  or  parts  thereof, 
raft  or  rafts,  or  parts  thereof,  lumber  or  ark  logs,  to  be  secured, 
and  to  give  notice  by  advertisement,  to  be  published  in  two  or 
more  of  the  newspapers  printed  in  the  city,  that  such  ark  or 
arks,  or  parts  thereof,  raft  or  rafts,  or  parts  thereof,  lumber  or 
ark  logs,  have  been  so  secured  at  the  expense  of  the  owner, 
agent  or  consignee  thereof,  and  that  unless  the  expenses  at- 
tendant on  the  securing  thereof,  together  with  the  fine  aforesaid, 
be  paid  on  or  before  some  day  to  be  named  in  the  said  adver- 
tisement, not  less  than  thirty  days  thereafter,  the  ark  or  arks, 
or  parts  thereof,  raft  or  rafts,  or  parts  thereof,  lumber  or  ark  logs 
so  secured,  will  be  sold  at  public  auction,  at  the  time  and  place 
therein  mentioned,  for  the  purpose  of  paying  expenses  and  fine. 

ihid,  s.  .-5.  89.     The  penalty,  cost  and  expenses  imposed  by  the  foregoing 

Penalty, &c.,      scctiou  of  tliis  Ordinance,  shall  be  recovered  as  other  penalties 

how  recovpred. 

are  recovered,  and  in  all  cases  where  publication  of  notice  shall 
be  made  as  aforesaid,  and  the  expenses  and  tine  shall  not  be 
paid  within  the  time  limited  in  such  notice,  then  it  shall  and 
may  be  lawful  for  the  said  harbor  masters,  their  deputies,  or 
any  of  them,  to  sell  by  public  auction,  the  ark  or  arks,  oi*  parts 
thereof,  raft  or  rafts,  or  parts  thereof,  lumber  or  ark  logs  so 
secured,  and  after  paying  the  expenses  of  securing  the  same, 
snrpiusfrom  to  pay  thcsurplusor  balance  of  money  obtained  from  said  sale 
to  the  Register  of  the  City,  said  surplus,  after  retaining  the  fine, 
to  be  held  by  him  until  the  owner  or  owners  thereof  shall 
satisfy  the  Mayor  of  his,  her  or  their  right  thereto,  when  the 
same  shall  be  paid  to  such  owner  or  owners  under  the  direc- 
tion of  the  Mayor. 


sale. 


Hakbor,  Docks  and  Wharvks.  363 

Article  XXII. — Ordinances. 

90.  Any  person  who  shall  malicionsly,  or  with  inisehievons  iwa,  s.4. 
intent,  cast  loose  or  set  adrift  any  ark  or  arks,  or  parts  thereof,  Penalty  for  set- 
raft  or  rafts,  or  parts  thereof,  lumber  or  ark  logs,  or  in  any  ^'J''"- 
other  way  cause  injury  to  be  done  to  the  same,  shall  be  subject 

to  a  line  of  five  dollars,  to  be  recovered  as  other  fines  are  re- 
coverable. 

STEAMBOATS. 

91.  It  shall  not  be  lawful  for  any  boat  or  vessel  of  one  No.  ae,  r.o. 
hundred  and  fifty  tons  and  upwards,  propelled  in  whole  or  in  speed  reguia- 
part  by  steam,  to  enter  the  harbor  or  basin  of  Baltimore  at  or 

above  the  most  eastern  wharf  at  Locust  Point,  or  to  depart 
from  said  harbor  or  basin,  or  any  part  of  it,  at  or  above  the  most 
eastern  wharf  at  tlie  said  point,  at  a  greater  speed  than  ten 
revolutions  of  the  wheel  or  wheels  per  minute;  and  the  mas- 
ter or  commander  of  any  boat  or  vessel,  propelled  in  whole  or 
in  part  by  steam,  which  shall  enter  or  depart  from  the  said 
harbor  or  basin  within  the  above  limits,  at  a  greater  speed 
than  ten  revolutions  of  the  wheel  or  wheels  per  minute,  shall 
forfeit  and  pay  the  sum  of  twenty  dollars  for  each  and  every  Penalty, 
such  oftence,  to  be  recovered  as  other  fines  are  recoverable. 
Tt  shall  be  the  duty  of  the  harbor  masters,  or  their  deputies,  cuty^^f  h-bor 
to  leave  a  copy  of  this  section  on  board  each  and  every  boat 
or  vessel  propelled  in  whole  or  in  part  by  steam,  in  the  harbor 
of  Baltimore,  and  to  enforce  the  provisions  of  this  section  in 
every  case  of  violation  thereof. 

KEEPER  OF  HARMAN'S  BRIDGE. 

92.  There  shall  be  appointed  annually   in  the  month  of  no.  is,  Mar.  s, 
February,  as  other  city  officers  are  appointed,  a  suitable  person  Duties. 

to  be  keeper  of  Barman's  Bridge.  The  salary  of  said  keeper  shall 

be  seven  hundred  and  fifty  dollars  per  annum,  payable  monthly,  saUry. 

and  said  keeper  shall  perform  his  duties  by  night  as  well  as 


364  Harbor,  Docks  and  Wharves. 

Article  XXII. — Ordinances. 

by  day,  and  shall  attend  to  and  do  personally,  all  necessary  re- 
jDairs  to  said  bridge.* 


*By  resolution  No.  238,  June  14,  '78,  the  City  Commissioner  is  authorized  to 
furnish  to  the  keeper  of  Harman's  Bridge  such  assistance  from  time  to  time 
as  in  his  judgment  will  enable  the  said  keeper  to  do  necessary  repairs  on  tlie 
bridge,  the  expense  incurred  to  be  charged  to  repairs  of  bridges. 

L.GHT  STREET  BRIDGE. — By  the  Act  of  1878,  c.  159,  the  Mayor  and  City 
Council  of  Baltimore  and  the  County  Commissioners  of  Anne  Arundel 
County  are  authorized,  empowered  and  directed  to  purchase  the  bridge  over 
the  Patapsco  river,  known  as  "  Light  street  bridge,"  together  with  the  build- 
ings, abutments  and  all  other  appurtenances  thereto  belonging  or  appertain 
*^ng,  and  to  keep  and  maintain  the  same  as  a  free  bridge  at  all  times,  if  the 
owners  thereof  will,  on  or  before  the  first  day  of  January,  eighteen  hundred 
and  seventy-nine,  agree  to  sell  the  same  unto  the  said  Mayor  and  City 
Council  of  Baltimore  and  the  County  Commissioners  of  Anne  Arundel 
County,  at  a. price  and  upon  such  terms  and  conditions  as  to  them  may  ap- 
pear fair  and  reasonable. 

2.  That  if  the  Mayor  and  City  Council  of  Baltimore  and  the  County 
Commissioners  of  Anne  Arundel  County  shall  not  be  able,  by  mutual  agree- 
ment, to  purchase  said  Light  street  bridge  from  its  owners,  as  provided  in 
the  preceding  section  of  this  act,  then  and  in  that  case  the  said  Mayor  and 
City  Council  of  Baltimore  and  the  County  Commissioners  of  Anne  Arundel 
County,  are  hereby  authorized,  empowered  and  directed  to  build  a  substan- 
tial bridge  over  said  river,  or  the  southwest  branch  thereof,  from  some  suit- 
able point  on  the  Anne  Arundel  county  shore  of  said  river,  within  a  reason- 
able distance  from  the  southermost  terminus  of  said  Light  street  bridge, 
eastwardly  or  westwardly  to  a  convenient  and  practicable  point  in  Baltimore 
city ;  and  the  said  Mayor  and  City  Council  of  Baltimore  and  the  County 
Commissioners  of  Anne  Arundel  County  are  hereby  authorized  and  em- 
powered to  acquire  by  inquisition,  purchase  or  otherwise,  all  the  lands  and 
materials  necessary  for  the  construction  of  the  said  bridge  and  its  abutments, 
and  for  necessary  roads  leading  to  and  from  the  same,  for  the  convenience  of 
public  travel  ;  and  said  bridge,  when  built,  shall  be  maintained  and  kept  in 
proper  repair  by  the  said  Mayor  and  City  Council  of  Baltimore  and  the 
County  Commissioners  of  Anne  Arundel  County  as  a  free  bridge  ;  provided, 
that  the  entire  cost  to  said  city  and  county  of  said  bridge  and  abutments, 
together  with  the  cost  of  the  necessary  lands  and  roads  leading  to  and  from 
the  same,  shall  not  exceed  in  the  aggregate  the  sum  of  forty  thousand  dol- 
lars. 

3.  And  that  there  shall  be  appointed  annually  some  competent  person  to 
act  as  bridge  keeper,  whose  duty  it  shall  be  to  attend  to  the  opening  and 
closing  of  the  draw  of  said  bridge  so  purchased  or  built  when  required,  and 
also  to  attend  to  such  other  duties  in  regard  to  keeping  said  bridge  iu  safe 


Harhok,  Docks  and  Whakv^ks.  365 

Article  XXII. — Ordinances. 


KEEPER  OF  DRAWBRIDGE. 

93.     Tliyrc  sliall  he  HiimiHlly  ap|)ointcd,  as  other  eity  officers  No.  65,s.  i,  r. 
arc  appointed,  a  suitahle  person  to  take  charjije  of  the  draw-  Koopei  of 

'  *•  '  "  drawbridge  ap- 

hridge  at  Block  street,  whose  duty  it  shall  he  to  attend  rei^u-  I'omteJ. 

and  proper  condition  for  public  travel ;  and  the  said  bridge  keeper  shall  re- 
ceive I'or  his  services  such  compensation  as  the  said  Mayor  and  City  Council 
of  Baltimore  and  the  County  Comniissionei's  i)f  Anne  Arundel  County  shall 
think  just  and  projior,  Irj  be  provided  for  in  their  annual  levy,  which  appoint- 
ment shall  be  made  tiie  first  year,  and  on  the  first  day  of  April  every  second 
year  thereafter,  by  the  Mayor  and  City  Council  of  Baltimc^re,  and  on  the  first 
day  of  April  in  every  alternate  year  by  the  County  Conuuissioners  of  Anne 
Arundel  County. 

4.  That  the  Mayor  and  City  Council  of  BaltinK)re  and  the  County 
Commissioners  of  Anne  Arundel  County  are  hereby  authorized  and 
directed  to  levy  on  the  assessable  property  of  Baltimore  city  and  Anne 
Arundel  County,  the  former  on  the  assessable  property  of  Baltimore  city  and 
the  latter  on  the  assessable  property  of  Anne  Arundel  county,  in  such  man- 
ner and  at  such  time  or  times  as  they  may  deem  best,  such  sums  of  money 
as  may  be  necessary  to  carry  out  and  secure  the  provisions  of  this  act,  the 
expense  thereof  tc;  be  paid  and  borne  equally  by  said  city  and  county,  a 
l)ortion  thereof  at  least  to  be  levied  at  their  regular  annual  levy  for  the 
present  year. 

5.  That  the  cost  of  maintaining  said  bridge  so  purchased  or  built,  and 
keeping  it  in  safe  repair  and  condition  for  public  travel,  shall  be  paid  in 
equal  proportions  by  the  Mayor  and  City  Council  of  Baltimore  and  the 
County  Commissioners  of  Anne  Arundel  County ;  and  they  are  hereby 
authorized  to  levy  upon  the  assessable  property  of  said  city  or  county,  as 
the  case  may  b'j,  such  sums  as  may  be  necessary  from  time  to  lime  to  defray 
said  costs  in  the  proportions  aforesaid ;  and  the  said  Mayor  and  City  Council 
of  Baltimore  and  the  County  Commissioners  of  Anne  Arundel  County  shall 
be  responsible  for  any  damage  that  may  occur  by  reason  of  the  said  bridge 
being  out  of  repair. 

Gwynn's  Falls  Bkidoe.— The  Act  of  1878,  c.  403,  repeals  the  act  of  1867, 
c.  216,  relating  to  the  incorporation  of  the  Gwynn's  Falls  Bridge  Company 
of  the  Washington  Road,  and  enacts,  that  the  said  bridge  is  declared  a  free 
public  highway  to  all  intents  and  purposes,  and  as  such  under  the  care  and 
jurisdiction  of  the  Mayor  and  City  Council  of  Baltimore,  who  shall  be 
chargeable  with  keeping  the  same  in  good  order  for  travel. 

By  the  Act  of  1870,  c.  385,  the  Attorney  General  had  been  directed  to  insti- 
tute proceedings  to  forfeit  the  charter  of  this  company.  See  Bridges  and 
Highways,  under  Streets  and  City  Commissioner,  Art.  XLVH. 


366  Harbor,  Docks  and  Wharves. 


Article  XXII. — Ordinances. 


His  duties.  larly  to  said  bridge  from  sunrise  to  sunset,  from  the  first  day 
of  February  to  the  first  day  of  November,  and  give  free  pas- 
sage without  hindrance,  delay  or  molestation,  to  all  vessels 
intending  to  enter  or  leave  the  city  dock,  and  to  keep  the  said 
bridge  closed  for  the  accommodation  of  workmen  from  fifteen 
minutes  before  until  ten  minutes  after  seven  o'clock  in  the 
morning,  and  from  five  minutes  before  twelve  until  fifteen 
minutes  after  twelve,  and  from  fifteen  minutes  before  one  un- 
til ten  minutes  after  one;  and  to  attend,  during  the  months  of 
November,  December  and  January,  from  sunrise  to  sunset, 
(Sundays  excepted)  and  to  open  and  close,  according  to  his 
own  judgment,  at  such  times  as  will  best  serve  the  travel  of 
both  thoroughfares. 

Tbid,s.  a;  No.        94.     The  salary  of  said  keeper  shall  be  six  hundred  dollars 

32,  Apl.7, '64.  •'  ^ 

Salary.  per  anuum,  payable  monthly ;  and  the  said  keeper  may  be 

permitted  to  charge  for  his  attendance  at  night  and  on  Sundays, 
when  it  may  be  required,  not  exceeding  fifty  cents  per  vessel. 

Ibid,  s.  3.  95.     It  shall  be  the  duty  of  the  keeper,  at  such  times  as  he 

ppnaity  for       is  directed  to  keep  the  said   bridge  closed,  to  give  to  all  ap- 

openinf;  bridge  "  .  ' 

^ut °o? kee'er  P^^ofi^hing  vesscls  R  Signal  that  the  bridge  cannot  be  opened, 
and  all  persons  disregarding  such  signal,  or  opening  the  bridge 
without  the  consent  of  the  keeper,  shall,  in  case  of  damage  to 
said  bridge,  pay  a  fine  of  ten  dollars,  and  all  exj)ense  of  re- 
pairing the  same. 

BATHING. 

No.  33,  s.  ^2,  R.      96.     It  shall  not  be  lawful  for  any  person  to  swim  or  bathe 
Bathing  within  at  any  time  between  the  hours  of  five  in   the  morning  and 

certain  limits.        ... 

regulated.  eight  iu  the  evcniiig,  in  any  part  of  Jones'  Falls  or  of  the 
basin,  within  the  limits  of  the  city  ;  nor  shall  any  person  on 
the  Sabbath  day  bitlie  or  swim  in  the  waters  of  Harris'  creek, 
or  on  the  north  side  of  the  Spring  Gardens,  between  the  hours  of 

Penalty.  five  iu  the  uioming  and  eight  in  the  evening,  under  a  penalty 

of  not  less  than  one  nor  more  than  five  dollars  for  each  oflencc. 


IIauhok,  Docks  and  Whakvks.  367 

Article  XXII. — Ordinances. 


I'OKT  WARDEN'S  LINE. 

97.     No  ordinance  or  resolution  granting  the  privilege  ofNf'-^.May  le. 
the  extension  of  wharves  and  piers  into  the  harbor  shall  be  HesuiaUons  for 

'  extension  of 

considered  or  passed  at  the  instance  of  petitioners  to  the  Mayor  pierHntJ'har- 
and  City  Council,  unless  four  weeks'  previous  notice  of  the  ap-  ^'"' 
plication   shall   have  been  given   in    at  least  two  of  the  daily  ^"'•'^6  to  be 

'  "  "^    given. 

newspapers  ])ub]ished  in  the  English  language,  and  one  in  the 

German  language,  in  the  city  of  Baltimore,  by  advertisement 

inserted  twice  a  week  therein,  for  four  successive  weeks ;  nor 

shall  any  ordinance  or  resolution  be  considered  or  passed  for 

said  purpose,  when  offered  by  a  member  of  the  City  Council, 

or  by  a  committee  thereof,  upon  his  or  their  own  suggestion, 

without  any  petition  or  memorial  on  the  subject,  unless  he  or 

they  shall  announce  his  or  their  intention  so  to  do,  at  least 

fifteen  days  before  the  same  shall   be  offered,  and  file  at  the  ^jj,f„7'^,.^'*^^: 

same  time,  with  the  clerk,  to  be  published  on  the  journal,  a  e^ipriviiege. 

definite  statement  of  the  privilege  which  is  proposed  to  be  given 

in  the  premises.  * 

*  See  section  9,  and  resolution,  p.  318,  ante. 

NoTK.— The  act  of  187G,  c.  195,  recites  that  it  has  been  represented  to  this 
General  Assembly,  that  the  harbor  of  the  City  of  Baltimore  has  been  and  is 
unnecessarily  obstructed,  encroached  upon  and  injured  by  the  erection  of 
wharves,  piers  and  bulkheads,  and  that  the  area  and  channel  thereof  are 
likely  to  be  further  narrowed  by  privileges  granted  by  the  Mayor  and  City 
Council,  without  sufficient  information  and  inquiry  as  to  the  extent  of  the 
injury  to  be  inflicted  thereby;  with  the  view,  therefore,  of  obtaining  such 
information  as  may  enable  the  General  Assembly  to  control  such  works, 
and  to  prevent  such  injury  in  future,  it  then  enacts  that  the  Governor  is 
authorized  and  requested  to  apply  to  the  President  of  the  United  States  for 
the  appointment  of  a  board  consisting  of  three  commissioners,  to  be  detailed 
from  the  corps  of  engineers  of  the  army  and  from  the  officers  employed  in 
the  Coast  Survey,  who  shall  have  power:  1.  To  cause  the  harbor  and  the  ■ 
adjacent  waters,  lands,  wharves  and  docks  to  be  surveyed  in  order  to  ascer- 
tain the  present  condition  and  lines  of  the  said  harbor  and  of  the  Patapsco 
river  adjacent  thereto,  and  whether  the  navigation  thereof  is  improperly 
obstructed,  and  whether  any  further  extensions  of  piers,  wharves,  bulk- 
heads or  other  structures  into  said  harbor  ought  to  be  allowed  and  to  what 


368  IIakbok,  Ducks  and  Whauveb. 


Article  XXII. — Ordinances. 


extent,  and  whether  any  grants,  licenses  or  privileges  already  given  by  the 
Mayor  and  City  Council  of  Baltimore  for  the  extension  of  such  works,  will, 
if  executed,  impair,  obstruct  or  encroach  upon  the  navigation  of  said  harbor 
or  the-free  and  beneficial  general  use  thereof.  2.  To  report  the  result  of  the 
surveys  and  examinations  thus  made  to  the  Governor  of  Maryland  with  all 
convenient  dispatch.  3.  To  recommend  to  the  next  General  Assembly  the 
establishment  and  definition  of  the  outer  water-lines  of  said  harbor,  beyond 
which  no  erection  or  permanent  obstruction  of  any  kind  shall  be  permitted, 
and  to  submit  such  provisions  as  they  may  deem  wise  and  necessary  in 
respect  to  the  enlarging  or  filling  up  of  the  basin,  docks,  coves  and  recesses, 
or  any  part  thereof;  the  size,  position  and  extent  of  piers,  wharves  and 
bulkheads  within  the  outer  water-lines  of  said  harbor,  and  to  present  such 
other  recommendations  as  in  their  judgment  may  be  calculated  to  preserve 
forever  the  free  navigation  and  general  beneficial  use  of  said  harbor  and 
river.  4.  To  cause  to  be  prepared  and  submitted  with  their  report,  maps  of 
the  said  harbor  and  its  adjacent  waters,  exhibiting  the  outer  water-lines 
recommended  by  them,  and  the  lines  of  existing  piers,  wharves  and  bulk- 
heads, accompanied  with  such  field  notes,  measurements  and  elucidations  as 
they  may  consider  necessary  to  a  full  exposition  and  understanding  of  the 
subject;  and  that  the  sum  of  five  thousand  dollars  is  hereby  appropriated  to 
pay  the  expenses  of  the  said  commissioners,  out  of  any  money  in  the 
treasury  not  otherwise  appropriated  ;  and  that  in  case  the  said  commis- 
sioners shall  in  writing  represent  to  the  Governor  that  any  piers,  wharves 
or  other  works  in  ])rogress  under  any  ordinances  or  other  authority  of  the 
Mayor  and  City  Council,  will,  if  completed,  interfere  with  the  establishment 
of  such  outer  water-lines  as  they  may  deem  proper  to  recommend,  it  shall 
be  the  duty  of  the  Governor  to  cause  all  work  tliere(;n  to  be.  suspended 
until  tlie  General  Assembly  shall  authorize  the  further  prosecution  thereof, 
or  direct  their  removal,  as  in  its  wisdom  the  General  Assembly  may  deem 
most  advisable ;  and  that  the  water-lines  of  the  harbor  and  river,  which 
shall  be  defined  and  recommended  by  the  said  commission  as  hereinbefore 
provided,  shall  be  thenceforward  recognized  and  observed  as  the  permanent 
line,  beyond  which  no  structures  shall  be  built,  and  no  change  of  the  Port 
Warden's  line  of  the  harbor  of  the  City  of  Baltimore  shall  hereafter  be  made 
without  the  consent  of  the  General  Assembly. 

Under  and  by  virtue  of  this  act,  the  following  Report,  accompanied  with  a 
map,  was  made  in  January,  1878,  to  the  Governor  from  a  board  for  the  sur- 
vey of  the  harbor,  constituted  by  the  Secretary  of  War.  It  does  not  appear 
that  the  report  was  acted  on  by  the  General  Assembly  : — 

Upon  the  map  accompanying  the  report  are  drawn  a  bulk  head  line,  and 
a  ]mr  head  line.  In  the  opiiiion  of  the  board  it  is  allowable  to  fill  in  con- 
tinuously as  far  out  as  the  bulk  head  line;  between  that  line  and  the  pier 
head  line,  projecting  piers,  with  intervening  slips  may  be  constructed,  but 
no  structure  or  filling  of  any  kind  should  be  permitted  outside  the  pier  head 
line.    It  is  unnecessary  to  describe  these  lines  in  detail,  as  they  arc  clearly 


Harbor,  Docks  and  Wharves.  369 


Article  XXII.— Ordinances. 


siiown  upon  tiie  map,  of  wliich  tlie  position  of  any  point  may  always  be 
verified  from  the  records  of  the  United  States  Coast  Survey.  The  board  has 
not  entered  into  the  subject  of  "  the  size,  position  and  extent  of  piers,  wharves 
and  bulk  heads,"  as  it  is  the  opinion  of  the  board  that  these  must  be  deter- 
mined from  time  to  time,  by  the  special  requirements  of  commerce. 

It  lias  been  considered  desirable  to  show  upon  the  map  the  original  shore 
line,  as  far  as  its  petition  can  now  be  determined  with  accuracy.  A  com- 
parison of  this  line  with  the  line  of  the  existing  wharves  will  show  a  very 
exten.sive  encroachment  upon  the  original  area  of  the  fine  harbor  and  basin 
of  Baltimore,  which  are  still  so  well  adapted  to  the  convenient  accommoda- 
tion of  a  great  commerce.  This  encroachment  has  at  some  points  been 
decidedly  injudicious.  It  has  recently  been  to  a  limited  extent  compensated 
for  by  the  extensive  dredging  done  to  increase  the  depth  of  water  with  a 
consequent  increase  of  capacity  of  the  tidal  reservoir.  A  more  important 
aspect  of  these  encroachments  is  that  due  to  the  interference  of  the  objection- 
able structures  with  convenient  navigation. 

It  is  proper  to  observe  that  the  lines  considered  allowable  by  the  board 
are  those  which  seem  the  best  under  existing  circumstances,  and  by  no 
means  those  which  would  have  been  recommended,  had  the  work  of  build- 
ing wharves  and  piers  been  less  extensively  carried  on.  The  location  of 
the  lines  is  the  result  of  the  avoidance  of  either  of  two  extremes,  of  which 
the  one  would  lead  to  too  much  limitation  of,  and  encroachment  upon,  the 
space  needed  for  vessels  at  anchor,  and  passing  to  and  fro,  and  the  other 
would  prevent  the  erection  of  the  wharves  and  piers  required  for  the  proper 
accommodation  of  vessels  loading  and  unloading,  and  for  the  various  store- 
houses and  other  arrangements  necessary  for  the  convenient  transaction  of 
the  shipping  business  of  a  great  port. 

The  absence  of  strong  tidal  and  fiuvial  movements,  owing  to  the  small 
ordinary  rise  and  fall  of  the  tide,  and  the  circumstance  that  the  current  of 
no  large  stream  is  passing  through  the  anchorage  ground  and  passage  ways, 
simplifies  very  much  the  problem  of  fixing  the  limiting  lines  of  construction. 

The  board  abstains  from  expressing  an  opinion  as  to  the  width  or  direc- 
tion to  be  given  to  Jones'  Falls,  except  to  say  that  the  width  of  the  outlet, 
as  shown  on  the  map,  nearly  300  feet,  seems  ample,  and  that  it  would  be  an 
improvement  to  remove  the  bridge  through  which  vessels  must  now  pass  to 
enter  the  city  dock.  If  this  bridge  were  placed  over  Jones'  Falls,  on  the 
prolongation  (;f  Lancaster  street,  the  present  city  dock  might  be  made  a 
much  more  imj>ortant  part  of  the  harbor. 

It  would  be  a  great  improvement  if  the  portions  of  the  wharves  of  Stickuey 
&  Co.,  and  the  light-house  wharf  opposite  Fort  McHenry,  and  of  the  wharf 
at  Fort  McHenry,  could  be  removed.  They  should  never  have  been  built 
with  their  existing  dimensions  and  position,  as  they  are  in  the  very  throat 
of  the  harbor,  and  are  an  obstruction  to  vessels  entering. 

If  the  bridge  leading  from  Ferry  Point  were  removed,  the  point  itself 
should  be  cut  off  to  the  line  shown  on  the  map. 


370  Hakbor,  Docks  and  Wharvks. 


Article  XXII. — Onlinances. 


Decisions. — By  a  lease  dated  in  1850,  for  ninety-nine  years,  renewable 
forever,  a  riparian  lot  of  ground  in  the  city  of  Baltimore,  running  back  to  a 
wharf  and  the  Port  Warden's  line,  and  bounding  in  the  rear  on  said  line, 
"  together  with  all  the  improvements  thereon  made,  lanes,  alleys,  ways, 
waters,  privileges,  appurtenances  and  advantages  to  the  same  belonging,  or 
in  anywise  appertaining,"  was  leased  to  certain  parties,  whose  title  in  a  por- 
tion of  the  same  came  by  mesne  assignments  to  B.  In  1858,  B.  and  the 
other  leasehold  owners  of  said  lot,  under  an  ordinance  of  the  citj%  (ordinance 
No.  5,  March  19, 1858,)  and  by  virtue  of  the  act  of  1745,  c.  9,  extended  the 
Port  Warden's  line  two  hundred  and  thirty  feet  further  out  into  the  water, 
and,  by  means  of  natural  accretion  and  artificial  deposits,  filled  up  the  said 
addition  and  used  it  for  wharf  and  other  purposes.  In  1872,  W.  purchased 
the  reversion  in  the  lot  as  originally  leased,  and  soon  afterwards  brought  an 
action  of  trespass  q.  c.f.  against  B.  to  test  his  title  to  the  said  addition  and 
accretion.    Judgment  being  for  B.,  on  appeal  it  was  held : 

1st.  That  the  lessors  having  at  the  date  of  the  lease  the  right  under  the 
act  of  1745,  with  the  concurrence  of  the  city  authorities,  to  make  the  im- 
provements in  question,  this  right  was  by  the  lease  assigned  to  the  lessees. 

2d.  That  the  language  above  quoted  was  comprehensive  enough  to  con  - 
vey  to  the  lessee  every  right  of  enjoyment  and  possession,  in  or  appurtenant 
to  the  ground  leased,  which  the  lessor  had,  to  be  held  and  enjoyed  by  the 
lessee  as  long  as  he  paid  his  rent  and  performed  his  covenants.  Williams  v. 
5aA;er,41Md.  523. 

Under  the  act  of  1745,  c.  9,  the  right  of  a  lot  owner,  fronting  on  the  water, 
to  extend  his  lot  or  improve  out  to  the  limit  prescribed  by  the  authorities  of 
the  city,  is  a  vested  right,  of  which  the  lot  owner  cannot  be  lawfully 
deprived  without  his  consent.  And  if  any  other  person,  without  his 
autliority,  make  such  extension,  no  interest  or  estate  in  the  improvement 
vests  in  the  improver,  but  it  becomes  the  property  and  estate  of  the  owner 
of  the  franchise.  But  this  right  of  the  owner  to  improve  out  is  confined  to 
the  front  of  his  lot,  and  must  be  within  the  side  or  outlines  of  the  lot 
extended  to  the  Port  Warden's  line.  Balto.  &  Ohio  R.  R.  Co.  v.  Chase,  43 
Md.  24. 

The  principle  that  no  patent  shall  issue  for  land  covered  by  navigable 
water  in  front  of  the  lands  of  riparian  proprietors,  applies  to  the  case  of 
lands  lying  in  the  harbor  of  Baltimore,  where  riparian  owners  have  secured 
to  themselves  valuable  rights  and  franchises  of  extending  improvements 
into  the  water  from  their  water  lots,  and  which  it  would  be  inequitable  for 
the  State  to  deprive  them  of,  by  granting  to  others  the  lands  covered  by  water 
in  front  of  their  lots.  Patterson  v.  Gelsion,  23  Md.  433.  Sec  act  of  1862,  c. 
129,  and  Day  v.  Day,  22  Md.  530 ;  Goodsdl  v.  Lawson,  42  Md.  348. 


Health. 


371 


Article  XXIII. 


ARTICLE  XXIII. 


HEALTH 


STATUTES 


NUISANCES. 

1.  Corporation  to  pass  ordinances 

to  preserve  lieaith  of  city,  re- 
move nuisances,  &c. 

2.  Cost  of  paving  for  removal  of 

nuisances :  by  whom  paid. 

3.  Defence  of  owners. 

4.  Costs,  lien  on  property. 

5.  IIow  costs  collected  from  non- 

residents. 

6.  Action  against  city  by  non-resi- 

dents. 

7.  Nuisances  on  vacant  lots,  how 

removed,  and  costs  paid. 

CnEMICAI,   LABOUATOUIBS. 

8.  When  authorized  to  be  erected. 

PHAUMACISTS. 

9.  Meajiing  of  term  pharmacist. 

10.  Pharmacists  to  comply  with  this 

act :  exception  :  penalty :  suit 
in  name  of  Commissioners  of 
Pharmacy  and  Practical  Chem- 
istry :  i>roviso. 

11.  Commissioners:   duties:    certifi- 

cate. 
13.    Title  of  board :  term  of  office : 
oath :  vacancies. 

13.  Pharmacists  to  be  registered. 

14.  Who  deemed  registered  pharma- 

cists. 

15.  Who  deemed  competent  and  en- 

titled to  be  registered. 


If5.    Fees  for  certificate  and  rcgistra- 
tration. 

17.  Representatives  of  deceased  phar- 

macist. 

18.  Who    permitted    to    compound 

and    dispense     prescriptions : 
penalty. 

19.  Adulterating  or  weakening  offi- 

cinal medicines  or  selling  such : 
penalty. 

SMALL   POX. 

20.  StateVaccine  Agency  established. 

21.  Appointment  oi    agent:  duties: 

salary :  proviso. 

22.  When  physicians  paid  by  City 

Council,  &c. 

23.  Who  to  be  vaccinated  :    penalty. 

24.  Penalty  for  wilful  use  of  defec- 

tive virus. 

25.  Duties   of   parents   and  guard- 

ians :  penalty. 

26.  Penalty  for  admitting  to  schools 

unvaccinated  pupils. 

27.  How  fines  recoverable. 

28.  Vaccine  agent  to  give  bond. 

29.  Agent  to  procure  true  vaccine 

virus :  to  report  to  Governor. 

STREJ5TS. 

30.  Altering    grade    of    streets    for 

health  of  city. 

31.  Cleaning  streets:  dirt  and  filth  in. 


372 


Health, 


Article  XXIII. 


ORDINANCES 


BOARD   OK   HKALTH. 

1.  Board  ol  Health  appointed :  du- 

ties prescribed. 

2.  Salaries    of    commissioner    and 

assistant. 

3.  Meetings  ol'  the   board :  record 

of  proceeding.-!, 
•i.    Commissioner  to   enforce    ordi- 
nances :  to  decide  appeals. 

5.  Commissioner's  duties. 

6.  Duties  of  assistant  commissioner: 

when  to  act  instead  of  com- 
missioner. 

7.  Marine  hospital  physician  to  at- 

tend meetings  of  board. 

8.  Police  oiRcers  to  execute  orders, 

&c. 

9.  Preservation  of  the  public  health: 

information  as  to  health  of  the 
city. 

10.  Expenses   of    board   of   health, 

how  to  be  defrayed :  annual 
statement. 

11.  Penalty  for  obstructing  the 

board. 

12.  Penalty  for  refusing  to  obey  or- 

ders of  board. 

13.  Contracts,  how  to  be  made. 

NUISANCES  AND  THE  PREVENTION  OF 
DISEASE. 

14.  Commissioner  to  inspect  streets, 

wharves,  yards,  &c. 

15.  To  examine  lots,  cellars,  streets, 

alleys,  &c. :  notices  to  owners 
to  remove  nuisance:  penalty 
for  neglect,  &c. 

16.  Nuisances,  when  to  be  removed 

at  expense  of  city. 

17.  When  commissioner  may  enter 

on  premises. 

18.  His  duty  as  to  docks,  &c. :  no- 

tice to  be  given  :  penalty. 

19.  Draining  low  grounds. 


20.  Power  to  enter  on  lots  causing 
nuisances  :  penalty  for  neglect 
to  remove  nuisances. 

31.    Notice  when  no  owner  found. 

22.  Public  notice  to  be  given  when 

owner  does  n(;t  reside  in  city. 

23.  Expenses  and  penalty  to  become 

a  lien  on  property. 

24.  Proceedings  when  property  be- 

longs to  persons  out  of  State. 

25.  Persons    in    possession    to    be 

deemed  owners :  notice. 

26.  Powers  as  to  hydrants,  &c. 

27.  Persons  refusing  to  obey,  shall 

pay  expenses. 

28.  Cellars,  &c.,  to  be  tilled. 

29.  Frame  buildings  to   be   raised : 

penalty. 

30.  Lumber  and  wood  yards. 

31.  Gutters  to  be  kept  clean. 

32.  Nauseous     liquors    not    to    be 

thrown  in  streets. 

33.  Filthy  stables :  penalty. 

34.  Carion,  &c.,  to  be  buried  :  pen- 

alty. 

35.  Manure,  &c.,  where  not  to  be  de- 

posited. 

36.  Persons  not  to  deposit  filth  on 

premises,  &c. :  penalty. 

37.  Removal :  penalty. 

38.  Outside  city  limits  :  penalty. 

39.  Bone  dealers :  proviso. 

40.  When  no  oyster   shells    to    be 

dumped    witiiin    city    limits: 
proviso :  penalty. 

41.  Removal  of  oyster  shells  within 

city  limits:  penalty. 

42.  When  hawking  oysters  prohibit- 

ed: penalty. 
4i?.    Unlawful   to   erect   lime    kilns : 

penalty. 
44.   Ground  within  city  limits  not  to 

be  used  for  ice  pond  or  skating 

rink:  penalty. 


Health. 


373 


Article  XXIII. 


45 


Wharves  and  low  grounds,  how 
to  1)0  filled  up:  penalty. 
4n.    Spars,  &o.,  afloat  in  harbor:  pen- 
alty. 

Horses,  &c.  not  to  be  driven  or  rid- 
den into  Jones'  Falls :  penalty. 

Penalty  for  adulterating   milk: 
milk  from  diseased  cow. 
49.    Penalty  for  placing  slop  carts, 
&c.,  across  footways. 

Fish  to  be  placed  under  roof: 
penalty. 

Flying  horses  and  whirligigs. 

Digging  up  paved  streets  by  gas 
companies,  railroad  companies, 
&c. :  dirt  to  be  removed  within 
two  weeks :  notice  from  Com- 
missioner of  Health. 

Unpaved  private  alleys:  grading 
and  paving:  costs  assessed  to 
be  a  lien. 


47 


48 


53. 


PKOiriBITED  MANUFACTORIES. 

54.  Chemical  preparations  for  roof- 

ing, or  other  purposes,  prohib- 
ited within  city  limits:  pen- 
alty: proviso. 

55.  Composition    roofing:     Mayor's 

sanction :  application  to  be 
published:  penalty. 

56.  Manufacture    of  copal    varnish 

prohibited :  boiling,  &c.,  bones. 

57.  Penalty. 

58.  Penalty  for  erecting  or  rebuild- 

ing distilleries,  &c.,  within 
limits  of  city :  proviso. 

59.  Penalty  for  using  buildings  as 

soap  or  candle  factories  within 
city  limits  without  permission. 

60.  Applications  for  same  to  be  pub- 

lished. 

61.  Mills  used  for  pulverizing  char- 

coal not  to  be  erected  without 
permission. 

62.  Penalty   for  erecting  paint  fac- 

tories without  certain  written 
consent. 


63.  Penalty  for  manufacturing  oil  of 

vitriol,   &c.,    without   certain 
written  consent. 

64.  Cotton  wadding,  &c.,  not  to  be 

made  within  direct  taxation: 
penalty. 

65.  Brick  kilns, &c., regulated;  pen- 

alty. 

SLAUGHTER  AND   HIDE  HOUSES,  HOG 
PENS,  &C. 

66.  Slaughter  house,  nuisance:    re- 

port to  Mayor. 

67.  Duty  of  Mayor  :  notice. 

68.  No  slaughter  house  or  hide  house 

within  city  limits :  penalty. 

Penalty  for  keeping  hogs  in  stys, 
yards,  &c. :  proviso:  pork 
butchers  or  packers. 

Victuallers  to  keep  hogs:  pro- 
viso: permit. 

Health  Commissioner  to  visit 
premises:  permit. 

Keeping  hogs  without  permit. 

potter's  fields. 

Potter's  fields  regulated :  pen- 
alty. 

Dead  bodies  not  recognized,  how 
disposed  of:  morgue. 

PRIVIES. 

Removing  contents  of  privy,  &c., 
without  license :  penalty : 
licenses  subject  to  orders  of 
Board  of  Health:  statistics: 
places:  when  licenses  revoked. 

License  to  remove  contents  of 
privies :  cost  of  license :  bond. 

When  sinks  and  privies  may  be 
cleaned  in  day  time :  proviso. 

Permit  from  Board  of  Health: 
bond. 

When  privies  to  be  cleaned: 
publication  by  Board  of 
Health:  inspection  by  police: 
nuisance:  penalty. 


69. 


70, 


71 


72. 


73 


74. 


75. 


76 


77, 


78. 


79. 


374 


Health. 


Article  XXIII. 


80.  Public    springs   protected  from 

encroachments  of  privies: 
vaults  to  be  made  impervious 
to  water. 

81.  Commissioner  to  notify  owners 

of  property  to  remove  privies, 
&c. :  penalty. 
83.    Privies  within  certain  limits  to 
be  repaired,  &c. 

83.  Pipes  and  sewers :  penalty. 

84.  Privies    not    to    be    erected  on 

Jones'  Falls :  penalty. 

85.  Vaults  under  pavements. 

86.  Penalty :  notice  to  fill  up  :  duty 

to  enforce. 

87.  How    privies    to    be    cleaned : 

where  manure  to  be  deposited : 
proviso. 

88.  Penalty  for  depositing  at  places 

not  designated  by  commis- 
sioner. 

89.  Complaints  from  neighbors. 

90.  Manure    at    city    pier  in  back 

basin :  penalty. 

REMOVAL  OF  GARBAGK,  MANURE 
AND  REFUSE. 

91.  Horses,  carts  and  drivers,  em- 

ployed for  removal  of  offal, 
coal  ashes,  &c.,  in  districts; 
duty  of  drivers  of  garbage 
carts :  trumpet  to  be  sounded. 

92.  Duty  of  housekeepers  and  others 

in  regard  to  offal,  coal  or  other 
ashes:  notice  from  assistant 
commissioner  of  health :  pen- 
alty. 

93.  Garbage  carts  to  have  a  sign  and 

bells  attached  to  horses. 

94.  Penalty. 

95.  Penalty  for  neglect  of  duty. 

96.  How  carts  to  be  covered. 

97.  Carts  carrying  offal. 

98.  Carts,  &c.,  used  for  certain  pur- 

poses to  be  tight. 

99.  Duty  of  police  officers  to  report 

to  Health  Commissioner. 


100.  Manure  not    to    be    removed : 

penalty. 

101.  Rubbish,   &c.,  in   streets    pro- 

hibited: penalty. 

102.  Superintendents     and     Health 

Commissioner  to  sell  manure. 

103.  Proposals  and  contracts  for  re- 

moval of  garbage,  refuse  ani- 
mal and  vegetable  matter. 

104.  Places  of  deposit :  City  Solicitor 

to  certify  to  contracts. 

105.  Contract :  notice  to  terminate. 

106.  Bond  from  contractor. 

SUPERINTENDENTS  OP   STREETS. 

107.  City  divided  into  five  districts : 

appointment  of  superintend- 
ents. 

108.  Superintendents  to  act  as  agents 

of  corporation  :  their  duties  : 
ice  and  snow. 

109.  Men,  horses  and  carts :  weekly 

reports  to  Commissioner :  Re- 
gister to  pay  superintendent 
weekly . 

110.  Weekly  reports :  examined  by 

Comptroller. 

111.  To    notify  the    Mayor    of  all 

offences  committed. 

112.  Power    to    employ    additional 

force. 

113.  Market  houses  to  be  cleaned  on 

Sunday  morning. 

114.  Power  of  Mayor  to  discharge 

superintendents. 

115.  Bonds  of  superintendents. 

116.  Compensation  of  superintend- 

ents, their  laborers,  &c. :  sub- 
stitute :  pay  of  horse,  cart  and 
driver :  pay  of  garbage  carts. 

117.  Pay  per  diem  for  garbage  carts 

and  for  laborers  on  streets: 
scale  of  prices :  report  from 
Commissioner  of  Health. 

118.  Supervision  of  superintendents 

of  streets  by  assistant  com- 
missioner of  health. 


Health. 


375 


Article  XXIII. 


SMALL   POX. 

119.  Appointment  of  vaccine  physi- 

cians :  their  duties  prescrib- 
ed :  record :  report :  vaccine 
crust. 

120.  To    call    at    houses:    duty  of 

Health  Commissioner. 

121.  Mayor's  duty. 

122.  To  act  as  health  wardens :  sala- 

ries. 

123.  Vaccine    physicians  to  attend 

police  ofBcers  wounded  in 
discliarge  of  duty :  additional 
salary. 

124.  Vaccine    physicians    to    grant 

certificates. 

125.  Physicians    refusing    to    grant 

certificate  to  be  discharged. 

126.  Further  duties  of  vaccine  physi- 

cians. 

127.  Officers  of  dispensaries  to  pre- 

serve virus,  &c. :  to  repeat 
vaccination. 

128.  Innoculation  prohibited. 

129.  When  Board  of  Health  to  fence 

in  infected  districts. 

130.  When  Mayor  to  convene  City 

Council. 

QUAUANTINE  AND  MARINE  HOSPITAL. 

131.  Marine  hospital :  physician  to 

be  appointed :  general  duties: 
to  pay  over  moneys  :  monthly 
reports :  detailed  statements 
of  articles  purchased :  pa- 
tients. 

132.  Further  duties:  assistant  may 

be  employed :  bond. 

133.  Limits  of  quarantine  :  how  ves- 

sels may  come  within  limits : 
vessels  to  be  boarded  :  within 
what  periods :  physicians' 
special  duties:  cargo:  pas- 
sengers :  vessel  not  to  be  re- 
moved :  penalty. 

134.  Vessels   to    be    purified :    peu- 

alty. 


135. 


136. 


138 


141 


142 


143 


144. 


Duties  of  commanders,  captains 
and  pilots  in  regard  to  infec- 
tious diseases :  passengers  not 
to  be  landed :  nor  baggage  or 
effects:  interrogatories  to  be 
answered:  penalty. 

Power  of  Board  of  Health  to 
send  sick  to  hospital. 
137.  Certain  damaged  articles  not  to 
be  brouglit  into  city :  how  to 
be  removed :  removal  to  quar- 
antine ground  and  ventila- 
tion of  vessel :  penalty. 

Mayor  and  Board  of  Health 
may  exempt  steam  vessels: 
exemption  to  be  certified  to 
physician  at  hospital:  pro- 
viso. 

139.  Further  exemptions. 

140.  What  persons  to  be  sent  to  lios- 

pital  by  marine  hospital  physi- 
cian: baggage,  &c.,  to  be 
purified:  communication 
with  citizens  to  be  prevented : 
penalty. 

Expenses  of  purification,  &c., 
how  to  be  paid. 

Expense  of  maintaining  pas- 
sengers under  quarantine, 
how  provided  for. 

Penalty  of  refusal  of  captain  to 
comply  with  order  of  hos- 
pital physician :  penalty  upon 
leaving  vessel  without  con- 
sent of  hospital  physician : 
upon  going  aboard  vessel 
without  consent  of  hospital 
physician:  duty  of  Board  of 
Health  in  cases  of  infectious 
disease :  penalty  upon  refusal 
to  obey  orders  in  such  cases. 

Fees  to  be  collected  for  visiting 
vessels :  penalty  upon  refusal 
to  pay  same. 

145.  Salary  of  hospital  physician. 

146.  Boatmen,  &c.,  to  be  employed. 


376 


Health. 


Article  XXIII. — Statutes. 


147.  Charges  to  be  paid  for  board, 

&o.,  at  liospital:  how  and  of 
whom  to  be  collected. 

148.  Hospital   jihysician    to    obtain 

supplies:  to  draw  on  Register. 

149.  Goods,  &c.,  to  be   disinfected : 

to  be  returned  in  good  order : 
expenses  to  be  paid. 

150.  Condition  of  passengers  to  be 

examined. 


151. 


152. 


153. 
154. 


Passengers  and  crew  to  be  vac- 
cinated :  all  moneys  to  be 
paid  to  Register. 

Duty  of  harbor  masters  to  re- 
port to  Board  of  Health. 

Visiting  committee :  duties. 

Committee  to  be  carried  to  and 
from  hospital. 


STATUTES 


NUISANC-ES 


p.  L.  L,art. 4,       1.     Tlio  Mavor  and  City  Coimoil  have  power  to  pass  ordi- 

SPC.  797.  •'  .  . 

Corporation  to    nauces  to  pvesei've  the  health  of  the  city,  to  prevent  and  re- 
pass ordinances 

to  preserve        movc  nnisances  *  and  to  prevent  the  introduction  of  conta- 

tiealth  ot  city,  '  ^ 

RaMes^&c.'  gious  discascs  within  the  city  and  within  three  miles  of  the 
same,  and  may  regulate  the  places  for  manufacturing  soap 
and  candles,  the  erecting  of  slaughter  houses  and  distiller- 
ies, and  where  every  other  offensive  trade  is  carried  on. 

Ibid,  sec  798.         2.     They  may,  whenever  any  nuisance  dangerous  to  the 
Cost  of  pa^ing  health  of  the  city  shall  exist  in  any  street,  lane  or   alley  of 

for  removal  of  ^  _ 

nuisances-  by    tlic  citv,  and  it  shall  be  found  necessary  in  order  to  the  re- 

whom  paid.  "^  '  '' 

moval  of  the  same  to  have  such  street,  lane  or  alley  paved, 
order  the  same  to  be  paved,  and  may  recover  the  amount  ex- 
pended in  paving  the  same,  and  the  expenses  of  collection, 
from  the  owner  or  owners  of  the  property  fronting  thereon, 
in  proportion  to  the  amount  expended  in  front  of  said  prop- 
erty, by  suit  against  the  owner  or  owneis. 

8.  The  said  owner  or  owners  may  in  such  action  defend 
themselves  against  any  such  claim  for  expenses  of  paving 
and  the  collection  thereof,  by  proof  that  no  such  nuisances 


Ibid,  sec.  799. 

Defence  of 
owners . 


*  As  to  power  of  city  to  pass  ordinances  to  prevent  the  health  of  city,  see 
Harrinnn  v.  Mayor,  cfic,  1  Gill,  264 ;    Mayor,  &c.  v.  Hughes'  adm.,  1  G.  &  J.  480. 

The  word  "power"  is  construed,  duty  and  obligation.  Mayor,  &c.  v.  Mar- 
riott, 9  Md.  160;  Mayor,  &c.  v.  PencOeton,  15  Md.  12. 


Health.  377 

Article  XXIII.— Statutes. 


existed,  or  that  the  paving  of  the  said  street,  lane  or  alley 
was  not  necessary  to  the  removal  ot  ahatement  thereof,  or 
tliat  such  nuisance  was  cansed  hy  an  act  or  ordinance  of  said 
city  or  its  officers  in  the  execution  of  their  duty. 

4.  The  expenses  of  such  paving,  and  the  expenses  inci- iMd,  sec.  soo. 
dent  to  the  collection  thereof,  shall  be  a  lien  ui)on  the  prop-  co^^ts,  iien  on 

property. 

erty  chargeable  therewith,  and  when  the  right  of  the  city 
to  recover  the  same  has  been  determined,  the  Mayor  and  City 
Council  may  levy  such  expenses  upon  said  property. 

5.  If  any  of  the  said  property  shall  be  owned  by  persons  ibw.sec.  soi. 
not  resident  within  the  limits  of  said  citv,  then  after  public  how  rost  ci- 
notice  given  at  least  three  times  a  week  for  tliree  successive  ^•""'i'''"^- 
weeks   in   two   newspapai)ers  of  tlr^  city,  by  ailvei-tisement, 
describing  the  property  chargeable,  the  amount  of  expense 

with  wliich  it  is  chargeable,  and,  if  known,  the  name  of  the 
owner  or  owners  thereof,  tlie  Mayor  and  City  Council  may 
proceed  to  levy  said  expenses  upon  the  interest  of  such 
non-resident  in  said  proporty,  witliout  any  previous  suit  to 
determine  their  right  to  the  same. 

0.     Such    non-resident   may,    at   any   time    within   three  iwd,  sec.  soa. 
uu)nths  after  said  expenses  have  been  levied  and  C(  .1  lee  ted,  ac.  ion  "gainst 
institute  an  action  against  the  Mayor  and  City  C.uncil  for  the  --'i-'- 
recovery  of  the   same,  and  if  it  shall  appear  in  such  action 
that  puldic  notice  was  not  given  as  hereinbefore  directed,  or 
that  no  such  nuisance  existed,  or  that  the  paving  of  said 
street,  lane  or  alley  was  not  necessary  to  the  removal   or 
abatement  thereof,  or  that  the  same  was  caused  by  any  act 
or  ordinance  of  the  city,  or  by  its  officers  in  the  execution  ot 
their  duty,  such  non-resident  shall  recover  the  expenses  of 
paving  and  collection  so  levied  upon  his  property. 

7       Whenever  any  nuisance  dangerous  to  the  health  of  im..,  sec.  803. 
the  city  shall  be  found  upon  any  vacant  lot  within  the  city,  'S?P£ho, 
the  Mayor  and  City  Council  may  remove  or  abate  the  same,  ^/^Xpfid'!"'* 


378  Health. 

Article  XXIIL— Statutes. 


and  shall  have  the  same  remedy  against  the  owner  of  such 
lot  for  the  expense  of  so  doing  as  is  given  in  the  five  preced- 
ing sections  against  the  owners  of  lots  fronting  on  streets 
paved  to  remove  a  nuisance,  and  the  owner  of  such  vacant 
lot  shall  have  the  same  rights  and  remedies  therein  given  to 
the  owners  of  lots  fronting  on  streets  so  paved. 

CHEMICAL  LABORATORIES. 

Ibid, sec.  149.  8.  No  person  shall  erect  or  assist  in  erecting  any  chemi- 
How  erected,  cal  laboratory  within  the  limits  of  said  city  without  the  con- 
sent of  the  Mayor  and  City  Council,  and  the  Mayor  and 
Council  may  provide  by  ordinance  for  preventing  the  erection 
of  any  such  laboratory,  and  for  removing  or  preventing  tlie 
use  of  any  that  shall  be  erected. 

PHARMACISTS. 

1872,  c. 414.  9.     The  term  or  name  pharmacists,  in  the  meaning  and 

Meaning  of       scopc  of  this  act,  docs  mean,  embrace  and  apply  to  all  per- 

term  pharma-  -      .  .  -i      i  i-    • 

cists.  sons  engaged    m   vending   at   retail  drugs,   medicines  and 

chemicals  for  medicinal  use,  and  in  compounding  and  dis- 
pensing physicians'  prescriptions,  either  as  owners  of  stores 
or  as  managing  assistants  in  charge  of  stores. 

1876,0.91.  10.     Any  person  who  does  or  shall  vend  at  retail  poison- 

Pharmacists  to  ous   drugs,    for  medicinal  use,  or  compound  and   dispense 

comply  witll  ,  .     .  ,  .        .  .  .  ,  /•    r«     1    •  '    ^ 

this  act.  physicians    prescriptions  in  tiie  city   oi   Baltimore,  without 

complying  with  the  requirements  of  this  act,  shall  be  deem- 
ed guilty  of  a  misdemeanor,  and  subject  to  a  penalty  or  fine 

Penalty.  <^f  fiftj  dollars  for  each  and  every  week  he  shall  continue  to 

vend  at  retail  jjoisonous  drugs,  for  medicinal  use,  or  com- 
pound and  dispense  physicians'  pr-escriptions  in  violation  of 

Suit  in  name  of  tliis  act ;  Said  penalty  or  fine  to  be  sued  for  in  the  name  of 

Commissioners     -•  ri  •      •  n  t>i  i     t-«  •       i     /-  i 

of  Pharmacy     tlic    Commissioners  01  rharmacy  and  Practical   Chemistry, 

and  Practical  ''  ''  ' 

Chemistry.       appointed  under  this  act,  and  before  a  single  justice  of  the 


Health.  379 

Article  XXIII.— Statutes. 


peace,  as  small  debts  now  are  recoverable ;  one-half  thereof  to 
be  paid  to  the  Board  of  Public  School  Commissioners  of  said 
city,  and  the  other  half  to  the  treasurer  of  the  Maryland  Col- 
lege of  Pharmacy,  for  the  use  of  said  college  ;  provided,  how-  Proviso, 
ever  that  this  act  sball  not  be  so  construed  as  to  apply  to  or  re- 
strict the  sale  at  retail  of  patent  and  proprietary  medicines 
and  compounds,  prepared  and  compounded  for  medicinal  use 
by  wholesale  dealers  in  drugs  and  medicines  when  sold  in 
the  original  package,  box  or  bottle,  and  no  penalty  shall 
hereafter  be  enforced  against  any  person  for  the  sale  of  pat- 
ent or  proprietary  medicines  or  compounds  prepared  by 
wholesale  dealers  in  drugs  and  medicines  when  sold  as  afore- 
said, and  no  penalty  shall  hereafter  be  enforced  against  any 
person  for  the  sale  of  proprietary  or  patent  medicines  or 
drugs  other  than  poisonous. 

11.     The  Maryland  College  of  Pharmacy  shall  nominate  i872,c.4i4,s.  3. 
biennally,  of  the  most  skilled  and  competent  pharmacists  of  commissioners. 
the  city  of  Baltimore,  ten   persons  from  amongst  whom  the 
Governor  shall  appoint  three  commissioners,  who.?e  duty  it 
sliall  be  to  faithfully  and  impartially  execute  or  cause  to  be  Duties, 
executed,  all  the  provisions  and  requirements  of  this  act ; 
they  shall,  upon  application,  and  in  sucli  manner  and  at  such 
place  as  tliey  may  determine,  examine  each  and  every  person 
wlio  shall  desire  to  engage  in  vending  at  retail,  drugs,  medi- 
cine or  chemicals  for  medicinal  use,  or  in  compounding  and 
dispensing  physicians'  prescriptions  in  the  city  of  Baltimore, 
touching  his  competency  and  qualifications,  and  upon  being 
satisfied  that  the  person  so  examined  is  competent  and  quali- 
fied to  vend  at  retail,  drugs,  medicines  and  chemicals  for 
medicinal  use,  and  compound  and  dispense  physicians'  pre- 
scriptions safely  and  without  jeopardy  to  the  health  and  lives 
of  the  people  of  the  city  of  Baltimore,  they,  or  any  two  of 
them,  shall   grant  such  person  a  certificate  of  competency,  certificate. 
and  register  him  as  a  pharmacist. 


380  Health. 

Article  XXIII— Statutes. 


I**''',  s.  4.  12.     The  commissioners  appointed  under  this  act  shall  he 

Title  of  board,   stjled  and  known   as  the  Commissioners  of  Pharmacy  and 

Time  of  office.  Practical  Chemistry,  and  shall  hold  office  for  two  years,  and 

thereafter  until  their  successors  have  been  appointed  and  have 

qualified  ;  said  commissioners  shall,  within  thirty  days  after 

Oath.  notification  of  their  appointment,  each  subscribe  to  an  oath 

before  the  clerk  of  the  Superior  Court  of  Baltimore  City,  to 

impartially  and  faithfully  discharge  the  duties  prescribed  by 

this  act ;  the  position  of  any  commissioner  appointed  under 

this  act,  who  shall  fail  to  so  qualify  within  the  time  and  in 

Vacancies.        manner  named,  shall  be  vacant  ;  the  Governor  shall  fill  all 

vacancies  occurring  from  amonst  the  persons  nominated  by  the 

Maryland  College  of  Pharmacy  under  the  preceding  section. 

Ibid,  s. 5.  Vet.     Each  and  every  person  before  commencing  to  vend  at 

Pharmici'sr.sto  retail  drugs,  medicines  or  chemicals  for  medicinal  use,  or  to 

be  registered.  i  i      t  ^  •    •  •       •  i  • 

compound  and  dispense  physicians  prescriptions  in  trie  city 
of  Baltimore,  as  managing  owner  of  a  store,  or  as  managing 
assistant  of  a  store,  shall  register  as  a  pharmacist,  under  the 
provisions  of  this  act. 

1872, 0. 414, s. 6.  14.  Every  person  who  shall,  at  the  time  that,  this  act 
Who  deemed  g'ocs  into  eifcct,  bc  engaged  in  vending  at  retail  drugs,  medi- 
miicists  ernes  and  chemicals  for  medicinal  use,  and  compounding  and 

dispensing  physicians' prescriptions  in  the  city  of  Baltimore, 
and  registered  as  an  apothecary,  under  an  act  entitled  ''an 
act  to  prevent  incompetent  persons  from  conducting  the  busi- 
ness of  druggist  and  apothecary  in  the  city  of  Baltimore," 
approved  Marcli  the  twenty-third,  eigliteen  hundred  and 
seventy,  shall  be  deemed  a  registered  pharmacist  within  the 
meaning  of  this  act. 

Ibid,  s.  7.  15.     Every  person   holding    a   diploma   from   a  regular 

whodoemed     chartered   and   recognized   college  or  school  of   pharmacy, 

competent  .iiid  .         ,   .  .  '  ■,  ' 

entitled  to  be     bascd  uiiou  a  lull  ai)i)renticeshii)  of  four  years  as  a  pharma- 

registered.  '  '  •  '  '  * 

cist,  and  who  presents  satisfactory  evidence  of  these  facts  to 


Health.  381 

Article  XXIII.— Statutes. 


the  said  Cornmissioiiors  of  Pharmacy  aud  Practical  Chemistry, 
shall  be  deemed  competent,  and  entitled  to  register  as  a 
pharmacist. 

16.  Said  commissioners  of  pharmacy  and  practical  die- ibid,  s.  s. 
mistry  sliall  demand  and   receive  from  eacli  applicant,  for  a  Kers  for  cpitifi- 

cate  and  regUs- 

certificate  of  competency  whom  they  examine,  five  dollars  '>«t'on 
for  each  examination,  and  shall  likewise  he  entitled  to  de- 
mand and  receive  one  dollar  from  every  person  whom  they 
register;  the  money  received  under  the  provisions  of  this 
section  sliall  be  used  and  applied  by  said  commissioners  to 
defray  the  expenses  accruing  or  arising  under  this  act. 

17.  In  case  of  the  death  of  a  registered  pharmacist  doing  i876,c.  9i. 
business  in   the  city  of   Baltimore,   his   legal   representatives  Rcpresenutives 

^  •  '">  '  of  deceased. 

may  continue  said  business  for  the  benefit  of  the  estate  of  said 
deceased,  under  the  control  and  management  of  a  registered 
pharmacist,  subject  to  all  the  requirements  of  this  act. 

18.  No  person,  unless  he  be  registered   as  a  pharmacist  ists.c.qi. 
under  this  act,  or  unless  he  be  an  apprentice  who  has  had  at  who^permuted 
least  two  years'  experience'  under  a  pharmacist,  who  has  at-  pJ^^lZ,. 
tended   at  least  one  full  course  of  lectures  on   pharmacy  or 
chemistry  and   materia   medica,  shall    be  permitted   to  com- 
pound and  dispense  the  prescriptions,  except  as  an  aid  under 

the  supervision  of  a  registered  pharmacist.  Any  registered 
pharmacist  violating  this  section,  or  permitting  its  violation  in 
any  store  under  his  charge  or  management,  shall  be  subject  to 
a  penalty  or  fine  of  fifty  dollars,  the  one  half  thereof  to  be  PenaUy. 
paid  to  the  Board  of  Public  School  Commissioners  of  said 
city  for  the  use  of  the  Public  Schools,  and  the  other  half  to 
the  treasurer  of  the  Maryland  College  of  Pharmacy  for  the 
use  of  the  college. 

19.     Any  person  who  shall  mix  with  any  substance  or  pre- me.c.gi. 
paration  used  or  intended  to  be  used  as  an  otiicinal  medicine,  Aduj.e^.-''X 
any  foreign  or  inert  substance  for  the  purpose  of  adulterating  --Jiir.fg^Th! 
or  weakening  the  same,  or  shall  knowingly  sell  or  knowingly 


382  Health. 

Article  XXIII. — Statutes. 


offer  for  sale  any  officinal  medicines  so  adulterated  or  deficient 
in  standard  strength,  shall  be  deemed  guilty  of  a  misdemeanor, 
Penalty.  and  subject  to  a  penalty  or  fine  of  fifty  dollars,  as  provided  in 

the  preceding  section. 

SMALL  POX. 

1872,0.257,3.1.      20.     A  State   vaccine  agency  is  hereby  established;    said 
state  vaccine    agciicy  to  bc  locatcd  in  the  city  of  Baltimore,  in  wliich  place 

apency  estab- 

lisiieu.  shall  be  kept,  at  all  times,  a  supply  of  fresh  and  pure  vaccine 

virus,  if  practicable,  not  more  than  four  removes  from  the  covv, 
for  the  use  of  the  physicians  residing  and  practicing  medicine 
and  surgery  in  this  State. 

Ibid,  s.  2.  21.     The  Governor,  by  and  with  the  advice  and  consent  of 

Apnointment  of  the  Senate,  shall,  oucc  in  six  years,  appoint  as  State  Yaccine 

State  Vaccine         .  ,..  .  ,',  ,  ,.  , 

Agent.  Agent,  one  physician  or  good  character  and  standing,  whose 

Duties.  <^uty  it  shall  be  to  keep  on  hand,  and  to  procure  as  often  as 

may  be  necessary,  pure  vaccine  virus,  and  to  furnish  such  virus 
to  the  physicians  of  the  State  gratuitously  when  called  for. 
He  shall  keep  a  record  of  the  name  and  location  of  each  phy- 
sician so  furnished  with  virus,  together  with  the  quantities, 
qualities  and  number  of  times.  He  shall  be  required  to  adver- 
tise once  a  month  in  one  or  more  of  the  newspapers  published 
in  the  city  of  Baltimore,  and  once  during  the  year  (three  inser- 
tions) in  one  paper  of  each  county.    He  shall,  for  his  services  as 

Salary.  State  Vacciuc  Agent,  receive  an  annual  salary  of  six  hundred 

dollars,  (and  to  defray  the  expenses  incurred  by  him  in  pro- 
curing reliable  vaccine  virus,  and  to  further  carry  out  the  pro- 
visions of  this  act,  the  additional  sum  of  fourteen  hundred 
dollars  is  hereby  appropriated,)  said  salary  to  be  paid  in  quar- 

Proviso.  terly  instalments,  as  other  State  officers  are  now  paid;  jsrovided 

that  it  shall  be  competent  for  the  Governor,  at  any  time,  to 
remove  said  agent  for  neglect,  incompetency,  or  unfaithfulness 
of  any  kind,  and  in  case  of  death,  resignation  or  removal  for 
any  of  such  causes,  to  appoint  another  in  his  stead,  who  shall 
hold  office  for  the  unexpired  term  of  such  agent. 


Health.  383 

Article  XXIII.— Statutes. 


22.  For  every  child  vaccinated  whose  guardian  or  parents  isei.c. 269, s.  3. 
are  too  poor  to  pay  for  the  service,  the  county  coniiiiissioners  whenphysi- 

,  ciaus  paitl  by 

of  the  several  counties  or  the  City  Council  of  Baltimore,  as  py'^"un<:>*. 
the  case  may  be,  shall  pay  or  cause  to  be  paid  to  the  physician 
performing  the  service  the  sum  of  fifty  cents  for  every  such 
case,  on  presentation  of  such  account  duly  authenticated  by 
an  affidavit  setting  forth  that  the  service  was  performed,  and 
that  the  parents  or  guardians  arc  unable  to  pay  for  said  ser- 
vice. 

23.  It  shall   be  the  duty  of  every  practicing  physician  in  ibui.s. 4. 
this  State  to  vaccinate  all  children  in  the  circle  of  his  practice  who  to  be 

vaccinated. 

whicli  may  be  presented  to  him  for  vaccination  within  one 
year  after  birth,  if  such  child  shall  be  in  proper  condition  for 
such  service,  and  he  shall  vaccinate  all  other  persons  not  pre- 
viously effectually  vaccinated  who  shall  request  such  service 
from  him.  Any  physician  neglecting  or  refusing  so  to  do  shall  Penalty. 
on  conviction  thereof  forfeit  and  pay  for  every  offence  a  penalty 
of  five  dollars. 

24.  Any  physician   who  shall  knowingly  and  wilfully  use  i872.c.  257,  s. 5. 
any  virus  defective  in  its  nature,  by  having  passed  tliroiigh  a  f'^/'^^J'/^''^'',,^.'^- 
scrofulous  system,  from  having  been  ta\en  from  one   laboring  icctive  virus. 
under  any  disease  of  the  skin,  chronic,  sore  or  febrile,  or  other 

disease,  during  the  progress  of  the  vaccine  disease,  or  any  crust 
which,  during  the  progress  of  said  vaccine  disease,  was  punc- 
tured, or  had  sustained  other  injury,  shall,  upon  conviction 
thereof,  forfeit  and  pay  a  sum  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars  for  each  offence. 

25.  It  shall  be  the  duty  of  every  parent  and  guardian  toiwu.s.e. 
have  his  or  her  child  vaccinated  within  twelve  months  after  its  Dujy^;;^^!^*^^;^ 
birth,  if  it  shall  be  in  proper  condition,  or  as  soon  thereafter  as 
practicable;  and  if  such  parent  or  guardian   shall  have  any 

other  person  under  his  or  her  control  or  care  not  duly  vaccin- 
ated, he  or  she  shall  cause  such  person  or  persons  to  be  vaccin- 


384 


Health. 


Article  XXIII.— Statutes. 


Penalty. 


18G4,  c  iiS'J,  s.  7 

Penalty  for 
artmittiiig  to 
schools   iiiivac- 
cinated    juipils, 


ated  prior  to  the  first  day  of  November  of  each  year.  Any 
person  failing  to  comply  with  the  provisions  of  this  section 
shall, on  conviction  thereof, forfeit  and  pay  a  sum  not  less  than 
five  nor  more  than  ten  dollars  for  each  offence. 

26.  No  teacher  in  any  school  shall  receive  into  such  school 
any  person  as  a  pupil  until  such  person  shall  produce  the 
certificate  of  some  regular  practicing  ])hysician  that  such  ap- 
plicant for  admission  into  the  school  has  been  duly  vaccinated. 
Any  teacher  so  offending  shall,  on  conviction  thereof,  forfeit 
and  pay  a  fine  of  ten  dollars  for  each  offence,  and  no  public 
school  trustee  or  commissioner  shall  grant  a  permit  to  any 
child  to  enter  any  public  school  without  such  certificate,  under 
the  same  penalty. 

27.  All  fines  imposed  under  the  provisions  of  this  act  shall 
be  recovered  before  a  justice  of  the  peace  in  the  same  manner 
as  small  debts  are  recoverable,  for  the  use  of  the  school  fund 
of  the  county  or  city  in  which  such  offence  shall  occur. 

28.  The  vaccine  agent  to  be  appointed  under  the  provisions 
of  this  act  shall  give  bond  to  the  State  of  Maryland  in  the  sum 
of  three  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  his  duties,  said  bond  to  be  approved  by  the  Comptroller 
of  the  State. 

29.  The  State  Vaccine  Agent  is  hereby  required  to  take  all 
steps  necessary  to  reproduce  from  the  cow  true  vaccine  virus 
for  the  use  of  physicians  residing  and  practicing  medicine  and 
surgery  in  the  IState,  and  shall  furnish  none  more  than  four 
removes  from  the  cow,  if  practicable,  and  none  that  has  not 
been  produced  under  his  own  supervision  and  direction,  pro- 
vided that  he  may  take,  use  and  furnish  such  virus  furnished 
to  him  by  any  physician  entrusted  by  him  to  procure  the  same, 
such  virus  not  to  be  taken  from  the  arm  of  a  child  less  than 
three  months  old;  and  the  said  agent  shall  report  annually  to 
the  Governor  the  particulars  of  his  expenditures,  and  other 
matters  connected  with  the  duties  of  his  agency. 


Ibid,  s.  8. 

How  fines  re- 
coverable. 


187v>,  c.  257. 


Vaccine  agpiit 
to  give  bond. 


1872,  c.  -267. 


True  vaccine 
virus. 


Report  to  Gov- 
ernor. 


Health.  3S5 

Article  XXIII. — Ordinances. 


STREETS. 

30.  Whenever  the  Board  of  Health  shall  certify  in  writing  p.  t.L.art. 4, 

sec   8^4. 

to  the   Mayor  that  it  ie  necessary  for  the  health  of  the  city  to  Altering  grade 

of  streets  (or 

alter  the  grade  of  any  street,  lane  or  alley  on  low  or  made  health  or  city. 
ground,  the  Mayor  shall  proceed  to  act  in  the  manner  specilied 
?n  Article  XLVII,  Streets,  Statutes. 

31.  The  Mayor  and  City  Council  have  power  to  clean  the  p.  l.  L.,art.  4, 

sec.  f6 '. 

Streets  and  remove  the  dirt  and  filth  therefrom,  and  to  prohibit  Din  and  fiitn  in 
and  piHiish  by  ordinance  the  placing  of  any  dirt,  tilth  or  other 
matter  therein. 

ORDINANCES. 
B0ARI3  OP  HEALTH. 

1.  There  shall  I)o  annually  appointed,  as  other  city  otficers  no.i8,s  i.bo. 

,      .  i-'    TT       1    I  ,   No.  5,  Feb.  28, 

are  appointed,  one  ])hy8ician  as  Commit^sioner  ot  Health,  and  'lii. 

one  Assistant  Commissioner  of  Health,  which   otficers  so  ap- bo^hi  of  Health 

....   ai)pi>inted  :    du- 

pointed  shall  constitute  a  Board  of  Health,  whose  duty  it  sliall  ties  prescrii.ed. 
be  to  cause  to  be  executed  and  observed  all  ordinances  for  the 
preservation  of  the  health  of  the  city. 

2.  There  shall  be  annually  appropriated  as  a  compensation  no.  102, nov.  7, 
for  tiie  Commissioner  of  Health  the  sum   of  twenty-five  linn-  salaries  of 

n   Yj       11     missioner  = 

dred  dollars,  and   for  the   Assistant  Commissioner  ot  lieaith  assistant. 
fifteen  hundred  dollars. 

3.  The  said  Board  of  Health  shall  meet  daily  throughout  Nn.i«,.s.2,R.o. 
the  year,  and    at  such  other   times   as   they  may  be   called  MeeMngs.ot 
together  by  the  Mayor;  and  it  shall  be  the  duty  of  each  mem- 
ber of  the  board,  at  all  such  meetings,  to  report  his  separate  Recoai^of  pro- 
official  acts,  which,  together  with  the  proceedings  of  the  board, 

shall  be  accurately  recorded  by  the  Commissioner  of  Health. 

4.  It  shall  be  the  duty  of  the  Commissioner  of  Health  to  ihui,  s.s. 
enforce  all   the  ordinances  enacted   by  the   Mayor  and  City  cou^;^^^-^,^ 
Council  of  Baltimore  for  the  preservation  of  the  health  of  the  '-"ces. 


com- 
missioner and 


386  Health. 

Article  XXIII. — Ordinances. 


To  decide         citj,  and   to  decide  all  appeals  from  the  reports  of  the  police 

appeals. 

oincers  or  others,  by  a  personal  examination  of  the  pieinises 
in  all  cases  of  dispute,  and  to  keep  a  record  of  all  his  official 
acts. 

Ibid,  8. 5,^0..%      5.     It   shall   be  the  duty  of  the  Commissioner  of  Health  to 
Feb,  28, 'ei.  .        .        ^      ,  .  .  1 

Commissioner's  make   a  circuit  ot   observation  once  in  every  week,  to  every 

])art  ot  the  city  and  its  environs,  wlii(;h,  trom  its  location,  or 
from  any  collateral  circumstances,  may  be  deemed  the  cause  of 
disease,  and  in  all  cases  where  he  may  discover  the  existence 
of  any  agent  the  presence  of  which  will  prove  dangerous  to 
the  health  of  the  city,  he  shall  cause  any  ordinance  in  existence 
for  its  correction  to  be  enforced,  or  if  there  be  no  ordinance 
competent  to  the  correction  of  the  evil,  he  shall  make  a  full 
report  of  all  the  attending  circumstances  to  the  Mayor,  accom- 
panied with  his  opinion  of  the  necessity  of  extraordinary  or 
particular  action.  It  shall  be  his  duty  also  to  make  diligent 
enquiry  into  all  cases  of  malignant,  infectious  or  contagious 
diseases  which  may  occur,  and  cause  immediate  measures  to 
be  taken  to  arrest  their  progress,  and  generally  to  notice  all 
things  that  relate  to  the  preservation  of  the  health  of  the  city. 

Ibid,  s.  4,  No.         0.     It  shall  bo  the  duty  of  the   Assistant   Commissioner  of 

i>0,  Feb.  28,  '72. 

Duties  of  as-      Health  to  attend   at  the  health  office  every  day,  except  Siin- 

Bistaiit  comniis-  i .      i  i  i     ,  /.  •  ,  i      ,  i<   ■    i   i-    i  i    • 

sioner.  day,  to  discharge  the  duty  ot  seeing  that  a  taithtul  record  is 

kept  of  all   reports  and   other  matters  relating  to  the  liealth 

When  to  act  in  department ;  and  in   case  of  sickness  or  absence  of  the  Com- 

sioner°of  Health  missiouer  of  Health,  or  when  directed  by  the  Mayor,  he  shall 

perform  all  the  duties  herein  assigned  to  the  said  Commissioner 

of  Health. 

No.  18,  s.  6,  7.     It  shall  be  the  duty  of  the  Marine  Hospital  Physician,  in 

Marine  Hospi-  addition   to  such  othcr  duties  as  are  hereinafter  required  of 

tal  physician  to  ,         i         ■    i  <».  i  i  i  i 

attend  meetings  him,  to  attend  at  the  health  oihce,  when  so  requested  l)y  the 

of  board.  '  . 

Commissioner  of  Health  or  the  Mayor,  inform  the  board  or 
Mayor  of  anything  demanding  the  attention  of  tiie  health  de- 


Health.  '  387 

Article  XXIII.— Ordinances. 


partment,  and  advise  with  the  said  commissioner  on  all  subjects 
particularly  appertaining  to  tiie  sanitary  condition  of  the  port. 

8.  It  shall  be  the  duty  of  the  police  officers  to  execute  all  iMd.s  7. 
orders  of  the  Board  of  Plealth,  so  far  as  they  may  relate  to  Poiice  officers 
the  preservation  of  the  health  of  the  city.  orders',  &c. 

9.  It  shall  be  the  duty  of  the  Commissioner  of  Health  to  ibid, s  u. 
give  to  the  Mayor  and  other  city  authorities  all  such  profes- Preservation  of 

1        J     •  1     •     i.  ,.  ,1  .  .   .  public  health. 

sujnal  advice  and  intormation  as  they  may  require,  with  a 
view  to  the  preservation  of  the  public  health ;  to  enquire  into 
the  health  of  the  city,  and  whenever  he  shall  hear  of  the  exist- 
encio  of  any  malignant,  contagious  or  pestilential  disease,  to 
investigate  such  report,  and  ascertain  as  correctly  as  possible, 
the  causes  which  produced  said  disease,  to  adopt  measures  to 
arrest  its  progress,  and  to  report  in  writing  to  the  Mayor  every 
circumstance  likely  to  endanger  the  health  of  the  city  ;  and 
each  practising  physician  in  the  city  is  hereby  invited  and  re- 
quested, at  all  convenient  times,  to  give  information  of  the  information  as 

^  '  D  to  health  of 

State  of  the  health  of  tiie  city  to  the  Commissioner  of  Health,  ^-ity- 
and  assist  and  aid  him  with  his  counsel  and  advice,  in  all  mat- 
ters that  relate  to  the  preservation  of  the  health  of  the  inhabi- 
tants and  the  prevention  of  contagious  diseases. 

10.  All  necessary  expenses  incurred  by  the  Board  of  Health  No.  is,  s.  ei,  r. 
in    the  discharjj-e  of  duties  required  in  this  article,  shall  be  Expenses  of  the 

"  rr       1    1     I'"*''''-  how  to 

defrayed  by  the  corporation,  and  the  Commissioner  ot  Health  be  defrayed. 

may,  with  the  consent  of  the  Mayor,  draw  on  the  Register  of 

the  City  from  time  to  time,  for  such  sums  as  may  be  required 

to  carry  into  effect  the  duties  herein  enjoined  upon  the  board, 

and  he  shall  immediately  thereafter  lay  a  detailed  statement  Annual  state- 

ment. 

of  his  accounts  before  the  Mayor  and  Comptroller,  and  an- 
nually before  the  City  Council. 

11.  If  any  person   shall  knowingly  obstruct  or  resist  the  ibid,  3.  e.'. 
Board   of  Health,  or  any  member  thereof,  or  any  person  by  Penaity^for^ob- 
them  appointed,  in  the  execution  of  the  powers  to  them  given,  board. 


388  Health. 

Article  XXIII. — Ordinances. 


or  in  the  performance  of  the  duties  enjoined  on  them  by  tliis 
or  any  other  ordinance  in  relation  to  the  public  health,  such 
person  shall  forfeit  and  pay  a  sum  not  exceeding  two  liundred 
dollars. 

niid,  s.  63.  12.     If  any  person  or  persons  shall  refuse  or  neglect  to  com- 

Penaity  for  re-  ply  witli  any  Order  or  notice  of  the  Board  of  Health,  authorized 

fusing  to  obey  '  i         •       i  • 

orders  of  board,  by  any  scctiou  of  this  article,  and  no  other  penalty  is  herem 
provided  for  such  neglect  or  refusal,  such  person  or  persons 
shall  forfeit  and  pay  the  sum  of  twenty  dollars  for  each  offence, 
and  five  dollars  for  every  day  that  such  neglecrt  or  refusal  shall 
continue. 

Ibid, s.  68.  13.     Alland  any  contracts  made  in  pursuance  of  any  pro- 

contracts,  how   visiou   Contained  in   this  article,  or  any  contract  or  contracts 

to  be  made. 

made  by  the  Board  of  Health,  or  quarantine  physician,  shall 
be  made  in  conformity  with  t[ie  requirements  of  sections  51  to 
54,  of  Article  I. 


NUISANCES  AND  THE  PREVENTION  OF  DISEASE. 

No.  18.  s.  18,  R.      14.     It  shall  be  the  duty  of  the  Commissioner  of  Health  to 

o. 

Commissioner    iiispcct,  at  Icast  oucc  iu   cvcry  two   wccks,  between  the  hrst 

to  inspect 

stieets,wharves,  day  of  Marcli  and  the  first  day  of  November,  in  every  year, 
and  at  such  other  periods  as  the  Mayor  may  direct,  all  the 
streets,  lanes,  alleys,  wharves,  warehouses,  cellars,  yards,  lum- 
ber yards,  lots  and  docks  of  the  city,  and  all  other  places  he 
may  deem  necessary,  and  make  a  written  report  to  the  Board 
of  Health  of  the  general  state  of  the  city,  and  to  enforce  all 
laws  and  ordinances  having  any  relation  to  healtii,  and  to  re- 
move or  cause  to  be  removed  all  nuisances. 

Ibid,  8. 19.  15.     It  shall  be  the  duty  of  said  commissioner  carefully  to 

To  examine      iuspcct  all  lots,  grouuds,  suspcctcd  ccllars  or  possessions,  and 

streets,  alleys,    all  strccts,  lauos  Or  allcys  within  the  city,  and  whenever  he 

shall  be  of  opinion  that  any  cellar,  lots,  grounds  or  possessions 

within  the  city  are  iu  a  state  of  nuisance,  or  so  situate  that  in 


Health.  '  '  339 

Article  XXIIL— Ordinances. 


ce  to  own- 
ers to  remove 


wartTi  or  unhealthy  seasons  a  nuisance  may  be  thereby  created, 
and  the  health  of  the  citizens  endangered,  it  shall  be  his  duty, 
and  he  is  hereby  authorized  to  cause  a  notice  to  be  served  on  Noti 

i.1  •  •  I   •       1  1      .     ers  to  rem 

the  owner  or  owners,  occupier  or  occupiers,  or  his,  her  or  their  nuisance. 

agent,  directing   him,  her  or   them  to  have  said  nuisance,  or 

cause  of  nuisance,  removed,  in  the  manner  prescribed  in  such 

notice;  and  if  such  owner  or  owners,  occupier  or  occupiers,  or 

his^  her  or  their  agent  or   agents,  shall   neglect  or  refuse  to 

comply  therewith,  he,  she  or  they  so  refusing  or  neglecting, 

shall  forfeit  and  pay  not  less  than   ten,  or  more  than  twenty  Penalty  for  ne- 

dollars,  and  the  further  sum  of  five  dollars  for  each  and  every 

day  he,  she  or  they  shall  continue  to  neglect  or  refuse  to  com 

ply  with  said  notice,  and  shall  moreover  pay  the  expenses   in 

curred    in  case  such  nuisance  or  cause  of  nuisance  shall  be 

removed  under  the  directions  of  the  Commissioner  of  Health, 

which  the  said  commissioner  is  hereby  authorized  to  cause  to 

be  done  in  case  of  such  neglect  or  refusal. 

16.  In  case  no  agent,  occupier  or  owner  can  be  found  on  ibid,  3.20. 
whom'  to  servo  such  notice,  the  said  commissioner  is  hereby  Nuisances. 

when  to  be  re- 
authorized, after  irivins:  five  days'  public  notice  in  one  or  more  moved  at  ex- 

'  n  n  ./I  pense  of  cit'- . 

of  the  daily  newspapers  published  in  the  city,  to  have  any 
nuisance  or  cause  of  nuisance  removed  at  the  expense  of  the 
city  in  the  first  instance,  and  the  Register  shall  keep  an  account 
of  the  expenses  incurred,  to  be  recovered  from  the  owner  when 
ascertained  and  found. 

17.  Whenever   the   Commissioner   of    Health   shall   have  jbid.s.iji. 
cause  to  suspect  that  a  nuisance  exists  in  any  house,  cellar  or  when  commis- 

'  1  •  J  sinner  may  en- 

enclosure,  he  may  demand  entry  therein  in  the  day  tune,  and  ter  on  premises 
if  the  owner  or  occupier  shall  refuse  or  delay  to  open  the  same 
and  admit  a  free  examination,  he  shall  forfeit  and  pay  for  every 
such  refusal  the  sum  of  twenty  dollars. 

18.  Whenever  the  Commissioner   of   Health  shall   be  of ibid.s.M. 
opinion  that  the  navigation  at  any  of  the   wharves  or  docks,  His^duty  as  to 
from  not  being  sufficiently  deepened  and  cleaned,  are  in  such 


390  Hkaltii. 

Article  XXIII. — Ordinances. 


a  condition  that  a  nuisance  may  bo  created  thereby,  he  shall 
Notuctobe      cause  a  notice  to  be  served  upon   the  occupier  or  occupiers, 

given.  *  ' 

agent  or  agents,  owner  or  owners  of  any  wdiarf  or  wharves, 
dock  or  docks,  to  deepen  or  cleanse  tlie  navigation  at  any 
wharf  or  dock  in  such  manner  as  may  be  prescribed  in  such 
notice  ;  and  if  such  owner  or  owners,  occupier  or  occupiers, 
agent  or  agents  shall  neglect  or  refuse  to  deepen  or  cleanse  the 
Penalty.  satuc,  cach  ])erson  so  oifending  shall  forfeit  and  pay  ten  dollars, 

and  the  further  sum  of  five  dollars  for  each  and  every  day  he, 
she  or  they  sliall  so  neglect  or  refuse,  and  shall  moreover  pay 
the  expense  incurred  in  case  the  navigation  of  such  wharf  or 
dock  shall  be  deepened  and  cleansed  under  the  authority  and 
direction  of  said  commissioner,  which  he  is  hereby  authorized 
to  cause  to  be  done  on  such  neglect  or  refusal,  within  five  days, 
under  the  superintendence  of  the  Harbor  Board. 

Ibid,  s.  -23.  19.     The  Board  of  Health  is  hereby  empowered  and  required 


Drain  of  low      to  substitutc  draining  in  low  grounds,  instead  of  filling  them 

grounds. 

up,  in  all  instances  where,  in  their  opinion    the  draining  will 
as  eflfectually  answer  the  intended  purpose. 

Ibid,  s. 24.  20.     Whenever  the  Commissioner  of  Health,  in  proceeding 

Power  to  enter  to  rcmove  nuisanccs,  shall    discover    that    the    nuisance  com- 

on  lots  causiiig       ,,,,...  i-     •     •  i  •        i      ii   i        '   • 

nuisances.  plauied  oi  Originates  on  an  adjoining  lot  or  lots,  it  snail  be  his 
duty  to  enter  thereon,  and  the  owner  or  owners,  occupier  or 
occupiers  of  such  lots,  or  his  her  or  their  agents,  on  neglect 
or  refusal  to  remove  such  cause  of  nuisance  after  notice  from 

Penalty  for  ne-  Said  commissioncr,  shall  forfeit  and  pay  for  every  such  neglect 

gl^ct  to  remove 

nuisances.         or  rcfusal  tlic  sum  of  twenty  dollars. 

Ibid,  s  25.  21.     If  there  be  no  owner,  occupier,  or  agent  of  owner,  of 

Notice  when  no  any   lot  or  premiscs  upon  whom  such  notice  can   be  served, 

owner  can  be  ■'  '  ' 

found.  notice  shall  be  deemed  in  all  respects  sufiicient,  if  exposed  in 

some  o[)en  way  upon  the  lot  or  premises  to  which  it  refers. 

ibid,B.  JG.  22.     It  shall  be  the  duty  of  the  Board  of  Health  to  carry 

into  efiect  the  provisions  of  the  fifteenth  and  twentieth  sections 


Health.  391 

Article  XXIII. — Ordinances. 


of  this  ordinance,  and  \n  all  cases  embraced  within  the  opera-  Pubuc notice  to 

,         .  ,  .  II-  .  .     1  b^  given  when 

tion  ot  said  sections,  wlien  there  is  no  occupier  or  the  property,  owner  does  not 

'^  1        I         »/  J  reside  in  city. 

and  the  owner  or  agent  thereof  does  not  reside  in  the  city  of 
Baltimore,  to  give  notice  in  one  or  more  of  the  newspapers 
published  in  the  city  of  Baltimore,  for  such  time  as  they  may 
consider  reasonable,  requiring  such  owner  or  agent  to  remove 
the  nuisance  to  be  mentioned  in  said  notice,  by  some  day 
therein  fixed,  and  upon  failure  to  comply  with  such  notice, 
the  said  nuisance  shall  be  removed  under  the  direction  of  the 
said  Board  of  Health,  and  the  expense  of  removing  the  same, 
together  with  tiie  cost  of  such  advertising,  shall  be  a  lien 
upon  the  entire  property  where  such  nuisance  may  be  found 
to  exist. 

23.     After  the  Board  of  Health  has  completed  the  removal  iwd, s. 27. 
of  nuisances  in  the  way  contemplated  by  the  provisions  of  this  Expenses  and 

penalty  to  be- 

ordinance,  and  the  amount  of  penalty  incurred,  or  the  amount  come  alien  on 

'  r  ./  '  property. 

of  expenses  to  which  the  corporation  has  been  put  by  said 
removal  shall  be  unpaid,  the  said  expenses  and  penalty  shall 
forthwith  become  a  lien  upon  the  lot  or  premises  from  which 
the  nuisance  may  have  hecu  removed,  and  when  judgment  in 
due  course  of  time  shall  have  been  obtained  for  said  amount, 
or  any  one  of  them,  against  the  owner  or  owners  of  the  pre- 
mises, the  property  shall  be  sold  under  due  legal  process. 

24:.     If  any  property  chargeable  as  aforesaid  shall  be  owned  ibid.  s. -as. 
by  any  ])erson  or  persons  not  resident  within  the  limits  of  the  Proceedings^ 
State  of  Maryland,  it  shall  be  the  duty  of  said  board  to  expose  J«£f|p'/- 
for  sale   and  sell  the  same  at  public  auction  to  the  highest"""""'  " 
bidder  for  cash  ;  provided,  that   before  the  said  board  shall 
proceed  to  sell  as  aforesaid,  they  shall  give  notice  of  such  sale 
in  three  of  the  daily  newspapers  of  the  city,  together  with  a 
particular  description  of  the  property  proposed  to  be  sold,  by 
advertisement   published   twice   a  week    for  three  successive 
weeks,  and  they  shall  deduct  from  the  proceeds  of  said  sale 
all  costs,  charges  and  expenses  attendant  thereon,  as  well  as 


:  ol'  state. 


{92 


Health. 


Article  XXIII. — Ordinances. 


the  amount  of  penalties  or  expenses  for  removal  of  nuisances 
in  arrear,  and  place  the  balance  in  the  city  treasury,  to  the 
credit  of  the  owner  of  the  ground,  or  such  other  party  as  may 
be  legally  entitled  to  receive  it. 

No.  18, 8. 55,  R.      25.     Whenever  any  person   or  persons  shall  be  in  actual 
Persons  in  pes-  posscssion  of,  or  liavc  chargc,  care  or  control  of,  any  property 

session  to  be 

deemed  owners,  within  the  city,  as  exccutor,  executrix  or  executors,  adminis- 
trator, administratrix  or  administrators,  trustee  or  trustees, 
guardian  or  guardians,  agent  or  agents,  such  person  or  persons 
shall  be  deemed  and  taken  to  be  the  owner  or  owners  of  such 
property,  within  the  true  intent  and  meaning  of  the  several 
ordinances  of  the  city,  and  shall  be  bound  to  remove  all  nuis- 
ances from  such  property,  and  to  comply  with  all  the  provisions 
of  any  ordinance  of  the  city  in  relation  to  the  health  of  the 
city,  so  far  as  the  same  may  effect  such  property,  in  the  same 
manner,  and  under  the  same  penalties,  fines  and  forfeitures,  as 
if  such  person  or  persons  were  actually  the  owner  or  owners 

Notice.  of  such  property,  and  notice  to  any  such  person  or  persons  of 

any  order  of  the  Board  of  Health,  shall  be  deemed  and  taken 
to  be  as  good  and  sufficient  notice  as  if  such  person  or  persons 
were  actually  the  owner  or  owners  of  such  property. 


Ibid,  s.  29. 

Power  as  to 
hydrants,  &c. 


26.  Whenever  the  Board  of  Health  shall  discover  that  any 
nuisance  complained  of  proceeds  from  the  leakage  of  any 
hydrant  or  hydrants,  pipe  or  pipes,  situated  on  an  adjoining 
lot  or  lots,  cellar  or  cellars,  they  shall  have  the  power,  and  they 
are  hereby  authorized  to  require  the  owner  or  owners,  occupier 
or  occupiers  of  such  lot  or  lots,  cellar  or  cellars,  to  remove  the 
cause  of  such  nuisance. 

27      If  any  person  shall  fail  to  comply  with  the  directions 
Persons  refus-    of  the  Board  of  Health,  the  said  board  shall  have  power,  and 

mg  to  obey 

shall  pay  ex-     tlicy  ai'c  hereby  authorized  and  empowered  to  cause  any  nuis- 

penses.  •  ./  i  ./ 

arice  or  cause  of  nuisance  to  be  removed,  the  cost  thereof  to 
be  paid  by  said  person. 


Ibid,  s.  30. 


Health.  393 

Article  XXIII. — Ordinances. 


28.  All  cellars  and  vacancies  under  stores,  warehouses  and  ibid,  s.  31. 

d well inr^pi,  upon  made  ground,  shall,  when  deemed  necessary  ceiiar^&c,  to 
by  the  Hoard  ot"  Health,  be  filled  up  with  sound  materials  and 
paved  with  hard  bricks  or  stones;  and  when  deemed  expe- 
dient by  the  said  board,  the  lots  thereto  appertaining  shall  be 
filled  up  above  the  level  of  the  street,  so  as  to  prevent  the 
lodgment  of  water  on  the  premises. 

29.  All  wooden  buildings  that  are  now  or  may  hereafter  be  ibid,s.32. 

below  the  level  of   the  brick  paven)cnts  or  streets,  shall  be  Frame  build- 
ings to  be 
raised  up  and  underpinned  with  brick  or  stone,  and  all  per-  raised. 

sons  refusing  or  neglecting  to  obey  the  directions  of  the  Board 

of  Health  iti  the  premises,  shall  forfeit  and  pay  a  penalty  not  Penalty. 

exceeding  twenty  dollars,  and  five  dollars  for  each  and  every 

day  during  the  continuance  of  such  neglect  or  refusal ;  pro- piovIsq. 

vided,  he,  she  or  they,  receive  one  month's   notice  from  the 

Board  of  Health  to  complete  the  same. 

30.  All  lumber  and  wood  yards  within  the  limits  of  the  ibid,  s.  33. 
city  of  Baltimore  shall  be  raised  and  graded  in  such  a  man-  Lumber^a^nd 
ner  that  water  will  not  stand  therein,  and  that  the  lumber  or  >«>guiated, 
wood  placed  in  said  yards  shall  be  raised  at  least  twelve  inches 

above  the  surface  of  the  ground,  so  that  the  air  may  circulate 
freely  under  such  lumber  or  wood,  and  it  shall  be  the  duty 
of  the  Assistant  Commissioner  of  Health  to  cause  a  copy  of 
this  section  to  be  served  on  the  owner  or  owners,  or  his,  her 
or  their  agent,  and  on  the  occupier  or  occupiers  of  any  lumber 
or  wood  yard  in  this  city,  on  or  before  the  first  day  of  April  in 
each  and  every  year,  and  every  owner  or  occupier  of  any 
lumber  or  wood  yard,  after  being  served  with  a  copy  of  this 
section,  shall  comi)ly  with  the  requirements  thereof  on  or  be- 
fore the  first  day  of  June,  in  each  and  every  year;  and  every 
person  neglecting  or  refusing  so  to  do,  shall  forfeit  and  pay  a  Penalty. 
sum  not  exceeding  fifty  dollars,  and  for  every  twenty  four 
hours,  he,  she  or  they  shall  neglect  or  refuse  to  comply  with 
the  same,  a  further  sum  of  ten  dollars. 


394 


Health. 


Article  XXIII. — Ordinances. 


Ibid,  s.  34;  No. 
25,  May  2,  '62. 
Gutters  to  be 
kept  clean, 


Penalty. 


Ibid,  s.  85. 

Nauseous 
liquors  not  to 
be  thrown  in 
streets. 


Ibid,  8.  36. 
Filthy  stables. 


Penalty. 


31.  It  shall  be  the  duty  of  eaeh  and  every  occupier  of  any 
house,  or  owner  of  any  lot  within  the  limits  of  direct  taxation, 
fronting  a  paved  street,  lane  or  alley,  to  keep  the  gutter  in 
front  of  said  house  or  lot  clean  at  all  times  during  the  months 
of  April,  May,  June,  July,  August,  September  and  October, 
and  each  and  every  person  herein  offending  shall  forfeit  and 
pay  for  each  offence  one  dollar,  notice  having  first  been  given 
to  said  person. 

32.  If  any  person  shall  cast  or  throw,  discharge  or  cause 
to  flow*  into  any  of  the  streets,  lanes  or  alleys  of  this  city,  any 
blood  or  foul  or  nauseous  liquor,  or  other  liquid  or  offensive 
matter  which  is  likely  to  become  a  source  of  nuisance  after 
exposure  to  the  atmosphere,  or  shall  keep,  collect,  use  or  suffer 
to  remain  on  his  or  her  premises  any  nauseous  liquor,  stagnant 
water  or  other  offensive  matter,  he,  she  or  they  so  offending 
shall  forfeit  and  pay  for  each  and  every  such  offence  a  sum 
not  exceeding  twenty  dollars. 

33.  If  any  person  having  a  cow  or  cows,  horse  or  horses, 
in  any  stable  within  the  city,  shall  keep  the  same  in  such 
manner  that  the  filth  and  stench  therefrom  shall  become 
offensive  to  or  annoy  any  neighbor  or  other  person,  the  per- 
son keeping  such  cow  or  horse  as  aforesaid,  shall  forfeit  and 
pay  for  every  such  offence  five  dollars,  and  the  further  sum  of 
five  dollars  for  each  and  every  day  the  nuisance  shall  be  suf- 
fered to  remain,  notice  having  first  been  given  to  the  party 
offending. 


*Held  by  Brown,  C.  J.,  in  City  Court,  March  31,  1874,  CurUy  v.  Mayor, 
cfcc,  that  taking  two  buckets  of  filth  from  a  privy,  and  casting  it  on  an 
adjoining  yard,  the  proprietor  of  whicli  waslied  it  through  lier  stable  into  a 
public  alley  in  the  rear  of  the  yard,  was  not  a  "  causing  to  flow,"  under  this 
section;  but  that  the  next  section  (sec.  33)  of  this  article  was  applicable  to 
the  case;  and  that  the  person  offending -should  have  been  sued  under  this 
latter  section.  On  this  the  city  asked  leave  to  amend,  and  the  Court  decided 
that :  the  amendment  would  not  be  allowed,  as  it  would  charge  the  person 
offending  with  the  violation  of  a  different  provision  of  the  City  Code,  which 
would  be  to  make  a  new  case  against  her. 


Health.  395 

Article  XXIII.— Ordinances. 


34.  No  person  shall  cast,  throw,  draw  out  or  deposit  any  iwd,  s.  33. 
dead  carcass,  or  any  part  or  parts  thereof,  dead  fish,  or  any  carioii,&c.,to 

f.,    ,      «  1  .     .  'be  buried. 

excrement  or  tilth  trom  vaults  or  privies,  necessary  houses  or 
water-closets,  on  or  into  any  part  of  the  city,  nor  shall  any 
person  periiiit  the  same  to  he  deposited  on  his  or  her  premises 
without  effectually  covering  the  same  witiiin  five  hours  after 
such  deposit,  with  and  under  such  a  body  of  earth  as  will  and 
shall  entirely  prevent  any  noxious  effluvia  or  any  offensive 
smell  arising  from  the  same,  under  a  penalty  not  exceeding  Penalty, 
twenty  dollars  for  each  and  every  offence,  together  with  the 
expense  of  removing  the  same. 

35.  It  shall  not  be  lawful  for  any  person   or  persons    to  No.  is,  s.  gs,  r. 
deposit  on  any  lot  within  the  limits  of  direct  taxation  in  the  Manure,  jkc, 

'  •'  ,_  not  to  be  depos- 

city  of  Baltimore,  any  manure  or  nuisance  of  any  kind,  with-  ued  wuhin cer- 
out  the  consent  of  the  property-holders  adjoining  said  lot  ^'iggfJJ,'''"' 
be  first  procured  and  filed  in  the  office  of  the  Board  of  Health, 
under  the  penalty  of  five  dollars  for  each  and  every  offence, 
and  five  dollars  for  each  and  every  day  said  nuisance  may 
remain,  to  be  recovered  as  other  fines  and  forfeitures  for  vio- 
lations of  city  ordinances. 

36.  No  person  or  persons  shall  bo  allowed  to  deposit  upon  No.  so,  May  92. 
his  or  her  premises,  or  any  other  premises  or  lot,  within  the  Persons  nouo^^ 
limits  of  direct  taxation,  the  cleanings  of  any  slaughter  house,  premises,  &c. 
fish  dealer's  house  or  yards,  or  any  other  branch   of  trade, 

making  filth,  for  any  purpose  whatsoever,  nor  shall  any  per- 
son or  persons  be  allowed  to  receive  or  deposit  upon  his  or 
her  premises,  within  direct  taxation,  any  dead  animal  or  part 
or  parts  thereof,  or  green  bones,  or  any  other  offensive  arti- 
cles, under  a  penalty  of  not  less  than  five  dollars,  nor  more  Penalty. 
than  twenty  dollars,  for  each  and  every  oftence. 

37.  No  person  or  persons  shall  be  permitted  to  remove  any  ibid,  s.a. 
such  things,  enumerated  in  the  preceding  section,  from  his  or  Removal. 


396 


Health. 


Article  XXIII. — Ordinances. 


her  premises,  to  any  other  premises  within   direct  taxation, 
Penalty.  iiDcIer  H  penalty  of  five  dollars  for  each  offence. 


Ibid,  s.  3. 

Outside  city 
limits. 


Penalty. 


No.  68,  Sept. 

'67. 

Bone  dealers 


Proviso. 


38.  Any  person  or  persons  living  outside  of  the  eity,  who 
shall  bring  any  of  the  filth  heretofore  mentioned  and  deposit 
the  same  on  any  premises  within  the  limits  of  direct  taxation, 
shall  be  subject  to  a  fine  of  five  dollars. 

30,  39.  The  preceding  three  sections  shall  not  be  construed 
as  to  prohibit  dealers  in  bones  from  purchasing  the  same,  and 
depositing  the  same  on  such  premises  as  the  said  dealers  may 
occupy  and  use  for  that  purpose;  provided,  however,  that 
green  bones,  or  such  as  have  flesh  or  fatty  matter  on  them, 
shall  not  be  kept  by  any  dealer  in  them  having  his  place  of 
deposit  within  the  limits  of  direct  taxation,  longer  than  twelve 
hours. 

No.  62,  June  14,      40.     It  sliall  uot  be  lawful  for  any  person  or  persons  or 
whennooyster  body  corporatc  to  dump  or  place  any  oyster  shells  within  the 

stiells  to  be  i.       .  •    ■,  •  <•  t-»    i    •  "  i        ci*  i_ 

dumped  within  coritoratc  limits  ol  the  City  of  oaltimore,  between  the  hrteenth 

city  limiU.  '  "^ 

day  of  April  and  the  fifteenth  day  of  September,  without  first 
obtaining  permission  so  to  do  from  the  Commissioner  of 
Health ;  provided  nothing  in  this  section  shall  be  so  con- 
strued as  to  prevent  any  oyster-packing  establishment  or  oyster 
dealers  from  depositing  oyster  shells  at  the  place  where  such 
establishments  or  dealers  may  be  actually  engaged  in  business. 
Any  person  or  ])ersons  or  body  corporate  found  violating  this 
section  shall,  upon  c(;nviction  thereof,  pay  a  fine  often  dollars 
for  each  and  every  day  he  or  they  may  so  violate  the  provi- 
sions hereof,  said  fines  to  be  recovered  as  other  fines  are 
recoverable. 

41.  Any  person  who  may  have  deposited  or  who  may  de- 
posit oyster  or  clam  shells  in  any  ^^ublic  square,  place,  street, 
lane,  alley  or  elsewhere,  within  the  limits  of  the  city  of  Balti- 
more, or  cause  the  same  to  be  done,  and  shall  fail  to  remove 
them  when  directed  by  the  Board  of  Health  shall  forfeit  and 


Proviso. 


Penalty. 


No.  97,  Oct.  27, 
'6i. 

R(?moval  of 
oyster  shells 
within  city 
limits. 


Health.  397 

Article  XXIII.— Ordinances. 


pay  tlie  sum  of  twenty  dollars  for  each  and  every  day  the  same  Penalty. 
shall  remain  in  such   place,  after  having  received   ten   days' 
notice;  and  the  amount  so  forfeited  shall  be  collected  as  all 
other  fines  are. 

42.  It  shall  not  be  lawful  for  any  person  or  persons  to  n.i.  is,  s.  se  r. 

,,  ,,,  ,  ,  ,  ,  O;   No.  38,  May 

hawk  or  peddle  oysters  tiirough  any  of  the  streets,  lanes  ora. 'fi3;  No.  ~:>, 

r  J  t^  J  »  Sept.  4, '60;  No. 

alleys  of  the  city  of  Baltimore,  from  the  first  day  of  June  to  ^''' '^"'p'- =^^' '^'^• 
the  fifteenth  day  of  September,  in  each  and  every  year,  and  when  hawking 

n  •    ^       •  f     ^  •    •  /»  '  oysters  prohib- 

tor  any  violation  of  the  provisions  of  this  section,  the  person  'ted. 
or  persons  so  offending  shall  forfeit  and  pay  a  penalty  of  twenty  penalty. 
dollars,   to   be  recovered    as  other   fines   and    forfeitures   are 
recoverable. 

43.  It  shall  not  be  lawful  for  an}'  person  or  persons  to  erect  J^"-  ^'''  o*"'-  ^^' 
within  the  limits  of  the  city,  any  lime  kihi  for  the  purpose  of  unlawful  to 

1  •  11  ''1  1  •   i?  •       erect  lime- 

burning  oyster  shells  or  stone  lime,  under  a  penalty  ot  ntty  kiius. 
dollars  for  each  and  every  offence,  and  twenty  dollars  for  each  penalty. 
and  every  day  any  lime  kiln  erected  in  violation  of  this  sec- 
tion shall  remain  in  use. 

44.  It  shall  not  be  lawful  for  any  person  or  persons,  or  no.  n,  Feb. -34, 
body  corporate,  to  use  any  ground  within  the  limits  of  the  city  Ground  within 

•^  "^  ''   ^  city  limits  not 

of  Baltimore  for  an  ice  pond  or  skating  rink,  under  a  penalty  tobeu.sedfor 

»  o  '  '  an  Ice  pond  or 

of  twenty  dollars,  and   a  further  penalty  of  ten   dollars  for  3k»ti"g  "-"k- 
every  day  any  violation  of  this  section  may  be  continued  after  penalty, 
notice  thereof  by  the  Commissioner  of  Health,  the  penalties 
hereby  imposed  to  be  recovered  in  the  same  manner  as  other 
fines   and    penalties    for    violations    of   city   ordinances    are 
recoverable. 

45.  Neither  the  wharves  or  low  grounds  in  any  part  of  the  no.  is,  s,  4o,  r. 
city  shall  be  filled  with  any  kind  of  wood  shavings  or  vegeta-  whajves^and 
ble  matter,  and  every  person  oftending  herein  shall  forfeit  and  how  to  be  eiied 
pay  for  each  and  every  offence  a  sum  not  exceeding  fifty  dol-  pen.ity. 
lars. 


398  Health. 

Article  XXIII. — Ordinances. 


Ibid,  3. 41.  46.     All  spars,  arks,  logs  or  timber  that  may  be  in  the  water 

Spars',  &c.,        of  tlie  liarbor  of  Baltimore,  l)et\veen  tlie  first  day  of  June  and 

afloat  ID  harbor. 

the  first  day  of  November  in  each  and  every  year,  shall  be 
kept  constantly  afloat ;  and  whenever  the  Commissioner  of 
Health  shall  suspect  that  any  injury  to  the  health  of  the  city 
may  arise  therefrom,  he  shall  order  the  same  to  be  removed 
to  some  place  wiiich  shall  be  distant  at  least  two  hundred 
yards  from  any  dwelling  or  wharf;  and  every  person  offend- 
ing against  this  section  shall  forfeit  and  pay  a  sum  not  exceed- 
Penaity.  ing  twenty  dollars,  and  the  further  sum  of  ten  dollars  for  each 

and  every  twenty-four  hours  that  such  offence  may  continue. 

Ibid,  s. 42;  No.      47.     No  pcrsou  sliall  drive  or  ride  any  horse  or  animal  into 

3.5,  May  -i,  '62.  ^         "^  _  "^ 

Horses,  &c ,  not  Joncs'  Falls,  cast  of  Oharlcs  street;  and  all  persons  offending 

to  be  driven  o'"     ,  .         ,      , ,       .  i         /«  t-      f   • 

ridden  into        herein  shall,  tor  every  sucli  offence,  lorreit  and  pay  a  sum  not 

Jones'  Fails.  '  ''  _  '     _  .  . 

Penalty.  exceeding  ten  dollars,  provided  notice  be  first  given  to    the 

party  offending. 

No.  18,3. 57,  R.  48.  It  shall  not  be  lawful  for  any  person  or  persons  to 
Penalty  for       adulterate  milk  offered  for  sale  or  sold  within  the  limits  of  the 

adulterating  .  /•    t->     i    •  i  •     •  i  ■    i  in 

miiii.  City  01  13altiinore,  by   mixing  therewith    water,  chalk  or  an}' 

drug  or  other  articles  whatsoever,  under  a  penalty  of  not  less 

than  twenty  dollars  for  each  and  every  offence  ;  and  any  person 

Milk  from  dis-  or  pcrsous  who  siiall  sell  or  offer  for  sale  any  milk  of  a  dis- 
eased cow.  ,  .,.,,..  ,,      ,  .  ,  III  jj  /• 

eased  cow,  withm  the  limits  or  the  city,  sliall  pay   a  fine   ol 
twenty  dollars  for  each  and  every  offence. 

No.33,s.  43,  R.  49.  Evcry  person  who  shall  place  or  cause  to  be  placed  any 
Penalty  (or  slop  cart  ou  any  footwa}',  or  place  any  trough  across  any  foot- 
carts, 'Ic,"        way,  for  the  purpose  of  filling  or  emptying  any  slop  cart,  shall 

across  loot 

ways.  forfeit  and    pay   the  sum   of  one  dollar  for  each  and   every 

offence. 

No.  33,  s.  4(1,  R.  50.  All  fish  kept  in  the  city  shall  be  placed  under  a  roof 
Fish  to  be  witliiu  tweuty-four  hours  after  landing  and  inspection,  and 
roof.   Penalty,   kept  Under  cover,  under  a  penalty  of  one  dollar  a  barrel  for 


Health.  399 

Article  XXIII.— Ordinances. 


eaeh  and  every  day  the  same  may  remain  on  the  streets  or 
wliarves  of  tlie  city. 

51.  It  shall  not  be  lawful  for  any  person  or  persons  to  have  ibid, s.  .10. 
on  his,  her  or  their  premises,  and  let,  hire  or  use  for  public  Kiying  horses, 

a     •  I  1  ,  .    ,.    .  ,         &f.,  prohibited. 

amusement,  any  ilying  horse  or  horses,  or  wlnrligig,  or  other 
siunlar  machinery  or  device  for  public  amusement,  by  what- 
ever name  it  may  be  called ;  and  every  person  or  persons 
offending  in  the  premises  shall  forfeit  and  pay  for  each  offence 
the  sum  of  twenty  dollars. 

52.  The  gas  companies,  railroad  companies,  as  well  as  all  xo.  l>8,  April  a, 
other  corporations  and  individuals,    who  may   have  or   may  Digging  up 

streets  by  gas 

hereafter  receive   i>ermission  to  diLC  up  or  disturb  any  of  the  companies, 

»  ~        '  •'  railroad  com- 

paved   streets,  lanes  or  alleys  of  the  city,  for  the  pnrposo  of  p^"'""' *''• 

laying  j)ipesof  any  kind,  or  constructing  wells,  ditches,  drains 

or  tunnels,  or  for  the  purpose  of  laying  or  relaying  railroad 

tracks,  or  repairing  the  same,  shall  be,  and  they  are  hereby, 

required    within  two  weeks  after  said  streets,  lanes  or  alleys 

have  been  repaved,  to  clean  and  remove  the  dirt  therefrom,  oht  to  be  re- 

'  moved  within 

and  if  upon  a  failure  or  refusal  so  to  do,  after  five  days'  notice  |*;\*''f^,J^^^ 
from    the   Commissioner   of  Health,  such  corporations,  <'om- J;';"j"^'^^^^;,';°" 
panics  or  individuals  so  failing  or  refusing  shall  suffer  a  tine  or 
penalty  of  not  less  than  twenty  nor  more  than  fifty  dollars  for 
each  and  every  neglect  or  refusal  to  comply  as  aforesaid. 

53.  Whenever,  in   tlie  judgment    of  the  Commissioner  of  no.  ia7,oct.7, 
Health,  the  condition  of  any  unuavod  private  alley  is  a  nuis-  unpaved 

"  ./  1  1  ^  private  alleys. 

ance  or  detrimental  to  public  health,  he  shall  give  notice  to  when commis- 

'  ,      sioner  of  Healtli 

the  owner  or  owners  of  the  property  binding  thereon  to  grade  ^°g;ve^notice^tj. 
and  pave  the  same  within  such  number  of  days  as  in  his  judg- 
ment the  circumstances  of  the  case  may  demand,  and  if,  at  the 
expiration  of  the  term   of  said  notice,  such  private  alley  has 
not  been  graded  and  paved  as  required,  then  the  Commissioner  when  romm^s- 
of  Health  shall  proceed  to  have  the  said  alley  graded  and  paved  am.  pave. 
in  the  usual  nmnner;  and  the  cost  of  such  grading  and  paving 


400  Health. 

Article  XXIII. — Ordinances. 


cost  assessed  to  sball  be  assessed,  and  be  a  lien  on  the  property  binding  thereon, 

be  a  lien. 

and  shall  be  collected  as  assessments  and  liens  are  tiow  collected 
on  property  in  the  case  of  public  streets  and  alleys.* 


PROHIBITED  MANUFACTORIES. 

No  18,  s.  6u,  H.      54.     It  shall   not  be   lawful  for  any  person   or  persons  to 
Chemical  pre-    ifiannfacture,  grind   or   prepare  any  chemical  or    mechanical 

paraiioii  lor  '    *=  ^       ^  •'  .,,,.. 

roofing  or  other  preparation  for  roofiny;  or  other  purposes  within  the  limits  ot 

purposes  pro-      •        i  o  i         • 

citVumitJ."'"'  the  (Mty  of  Baltimore,  whereby  a  nuisance  is  created,  or  likely 
to  be  created  injurious  to  the  health  of  any  person  or  persons 
residing  in  such  neighborhood  where  such  articles  shall  be 
manufactured,  ground  or  prepared  ;  and  it  shall  be  the  duty 
of  the  Commissioner  of  Health,  whenever  complaint  shall  be 
made  to  him  of  the  existence  of  any  such  nuisance,  to  examine 
into  the  same,  and  if  a  nuisance  really  exists,  injurious  to  the 
health  of  the  neighborhood,  or  whenever  he  shall  be  aware  of 
the  same,  to  give  notice  to  the  person  or  persons  offending 
against  the  provisions  of  this  section,  to  abate  said  nuisance 
within  twelve  hours  after  said  notice  shall  be  received;  and 
any  person  or  persons  who  shall  violate  the  provisions  of  this 

Penalty.  sccti  >n,  sluill  pay  a  fine  of  twenty  dollars,  and  a  further  fine 

of  ten  dollars  for  each  day  they  shall  continue  to  violate  tiie 
same,  after  he  or  they  shall  receive  the  aforesaid  notice;  pro- 

Proviso.  vided,  that  nothing  herein  contained  shall  be  deemed,  taken 

or  construed  so  as  to  prevent  the  heating  of  any  chemicals 
used  in  rooting,  at  the  time  and  place  said  chemicals  are  to 
be  used  as  aforesaid. 

ico'  ^'''  '^'"^  '^'      ^^-     -'-t  ^^?>^\  not  be  lawful  for  any  person  or  persons  to  erect, 

Composition      establish,  rebuild,  or  continue  in   use,  any  composition  rooting 

manufactory  of  any  kind  whatever  wiihin   the  limits  of  the 


*See  as  to  grading,  paving,  »&c.,  Streets,  and  City  Commissioner,  Art. 
XL  VII. 


Health.  40 1 

Article  XXIII.— Ordinances. 


city,  without  iirat  obtaining  the  sanction  of  the  Mayor  and  Mayor's  sane 
City  Council,  and  ten  days'  notice  immediately  preceding  the 
application  to  the  Mayor  and  City  Council,  shall  be  given  by 
at  least  four  insertions  in  two  or  more  of  the  daily  papers  of  Application  to 

ii  •.  •  /■        1        1  /.        .  1  T  ,       '"^  published, 

the  city,  setting  torth  the  purpose  of  said  application,  the 
street,  lane,  alley  or  court  and  square  of  ground  on  which  the 
establishment  is  to  be  put  up,  and  every  person  or  persons  vio- 
lating this  ordinance  shall  be  subject  to  the  penalty  of  twenty  Penaky. 
dollars,  and  ten  dollars  for  each  and  every  day  the  same  shall 
remain  thereafter,  to  be  recovered  as  other  fines  are  re- 
coverable. 

56.  It  shall  not  be  lawful  for  any  person  or  persons  to  erect,  ^°\^^'^^;}' 
establish  or  rebuild  any  distillery  for  the  manufacture  of  copal  Manufacture  of 

"^  •'  copal  varnish 

varnish,  nor  any  factory  for  the  boiling  or  grinding  of  bones,  prohibited. 
within  the  limits  of  the  city  of  Baltimore,  without  having  first  |^°^']^S'*"' 
obtained  the  consent  of  the  Mayor  and  City  Council. 

57.  For  a  violation  of  any  of  the  provisions  of  the  preced-  ibid,  s.  a. 
ing  section,  the  party  or  parties  so  offending  shall  forfeit  and  Penalty. 
pay  a  fine  of  twenty  dollars  for  each  and  every  offence,  and 
twenty  dollars  a  day  for  every  day  it  may  remain  in  operaticJn 

after  the  first  offence ;  said  fines  to  be  recovered  as  other  fines 
and  forfeitures  are  recoverable. 

58.  No  person  or  persons  shall  erect,  establish  or  rebuild  ko.  33,  s. 24,  r. 
anv  distillery*  of  spirits  of  turpentine  or  varnish,  or  any  man-  Penalty  for 

•'  «'  ^  '  erecting  or  re- 

ufactory  of  earthenware  or  of  stoneware,  or  carry  on  in  any  bmiding^distii- 
building,  erection  or  place,  which  shall  not  have  been  already  wuhiA  limits  or 
legally  used  for  such  distillation  or  business,  and  for  no  other 
purpose  at  any  intervening  time,  the  distilling  of  any  spirits 

*When  one  of  above  factories  was  injured  by  fire,  and  its  business  stop- 
ped ;  held  to  be  a  question  of  fact  whether  it  was  re-built  or  repaired  ;  if  the 
destruction  was  so  great  as  to  require  the  house  in  which  it  was  carried  on 
to  be  re-built,  it  would  come  within  above  prohibition.  Glenn  v.  Mayor,  dc, 
5  G.  &  J.  424 


402  Health. 

Article  XXIII. — Ordinances. 


.  of  turpentine  or  varnish,  or  the  business  of  manufacturing 
earthenware,  or  stoneware,  within  the  limits  of  the  city, 
under  the  penalty  of  two  hundred  dollars,  and  the  further 
sum  of  five  dollars  for  each  and  every  day  of  the  con- 
tinuance of  such  distillery  or  manufactory,  or  of  the  so  carry- 
Proviso.  ing  on  of  such  distillery  or  business ;  provided,  however,  that 

in  those  cases  in  which  the  consent  in  writing  of  all  the  hold- 
ers of  property  within  six  hundred  feet  is  first  had  and  ob- 
tained, it  shall  be  lawful  for  the  Board  of  Health,  at  their  dis- 
cretion, with  the  approbation  of  the  Mayor,  to  grant  special 
leave  for  the  erection  or  carrying  on  of  the  establishments 
mentioned  in  this  section,  without  the  limits  of  direct  taxation. 

Ibid,  8. 25.  59.     It  shall  not  be  lawful  to  erect  or  use  any  house  or  build- 

Penaityfor       ms  as  a  soap  or  candle  manufactory  within  the  limits  of  the 

using  buildings       o  i 

as  soap  or  can-   city,  without  thc  couscut  of  the  Mayor  and  City  Council,  under 

die  factories  •'  '  j  <j  ' 

limits^without   ^^^  penalty  of  two  hundred  dollars,  and  a  further  sum  of  fifty 
permission.       (joi]ar8  for  cach  and  every  month  thereafter,  until  the  same  be 
removed  out  of  said  limits,  or  pulled  down. 

Ibid,  8.26.  60.     All  applications  for  permission  to  erect  soap  or  candle 

Applications      manufactories  shall  be  published  three  times  a  week,  in  two 

for  same  to  be  i  •  i  • 

published.  or  more  daily  papers  in  the  city,  two  weeks  previous  to  making 
such  application  ;  all  expenses  of  such  publication  to  be  paid 
by  the  party  or  parties  making  such  application. 

Ibid,  s.  27.  61.    No  person  or  persons  shall  erect,  establish  or  re-build, 

Mills  used  for    withiu  the  limits  of  direct  taxation,  any  mill  that  is  used  for 
charcoal  not  to  the   purposc  of  pulveriziug  charcoal,  without  first   obtaining 

be  erected  with-  r       r  r  O  •  <=> 

out  permission,  the  permissiou  of  the  Mayor  and  City  Council,  under  a  penalty 
of  twenty  dollars  for  each  and  every  week  it  shall  so  remain. 

Ibid,  8. 28.  62.     It  shall  not  be  lawful  for  any  person  or  persons,  or  any 

Penalty  for       Corporation,  to  erect  or  establish  any  manufactory  of  red  or 
factories  with-   ycllow  oclirc,  or  any  other  kinds  of  earth  of  which  red  or  yel- 

out  certain  "'  ^  J 

written  consent,  low  paint  is  made,  within  the  limits  of  the  city,  unless  by 
unanimous  consent  in  writing  of  the  persons  holding  property 


Health.  403 

Article  XXIII. — Ordinances. 


within  two  hundred  yards  thereof,  under  the  penalty  of  one 
hundred  dollars,  and  a  further  sum  of  twenty  dollars  for  each 
and  every  day  thereafter,  until  the  said  manufactory  be  re- 
moved. 

63.  It  shall  not  be  lawful  for  any  person  or  persons,  or  in-  ibid,  s.  29. 
corporated  company,  to  manufacture  or  prepare,  except  in  penalty  for 

manufacturing 

chemical  laboratories  already  established,  the  followinsr  arti-  ou  of  vitroi, 

•'  '  °  &c.  without 

cles,  or  any  of  them,  to  wit :  oil  of  vitriol  or  sulphuric  acid,  '"^'■'*'"  consent. 
nitric  acid  or  aqua  fortis,  muriatic  acid,  crude  ammonia,  ivory 
black,  alum,  chloride  of  lime  or  bleaching  salts,  pigments  of 
lead,  or  any  other  manufacture  or  preparation,  in  the  process 
of  which  it  is  necessary  to  burn  horns,  blood,  bones,  or  other 
animal  substances,  within  the  limits  of  the  city,  unless  the 
consent  in  writing  of  all  the  holders  of  property  within  six 
hundred  feet  of  such  manufactory  be  first  had  and  obtained, 
under  a  penalty  of  twenty  dollars  for  every  day  during  which  Penalty, 
such  manufacture  or  preparation  shall  continue. 

64.  It  shall  not  be  lawful  for  any  person  or  persons  to  erect  ibid,  s.  57. 

or  establish,  within  the  limits  of  direct  taxation,  any  manufac- cotton  wadding, 

&c.  not  to  be 

tory  for  the  manufacturing  of  cotton  waddmg,  cotton  laps  or  made  within 

J  o  tj'  .  direct  taxation. 

bats ;  and   any  person  or  persons  violating  this  section  shall 
be  subject  to  a  penalty  of  ten  dollars,  and  a  further  sum  of  penalty, 
five  dollars  for  each  and  every  day  such  violation  shall  con- 
tinue. 


65.  It  shall  not  be  lawful  for  any  person  or  persons  to  pre-  ibid,s.3o. 
pare  or  mould  any  clay  or  any  other  substance,  for  or  to  make  BHcic^kj^ns.&c. 
or  burn  any  brick  or  tile,  or  any  similar  manufacture  within 
the  limits  of  the  city,  without  first  obtaining  the  permission  of 
the  Mayor  and  City  Council,  and  giving  ten  days'  notice  of  his 
or  their  intended  application  for  such  permission,  by  at  least 
four  insertions  in  two  or  more  of  the  daily  newspapers  of  the 
city,  specifying  the  lot  of  ground  or  premises  on  which  said 
clay  or  other  substance  is  to  be  prepared  or  moulded,  or  such 


404  Health. 

Article  XXIII. — Ordinances. 


brick  is  to  be  made  or  burned  ;  and  every  offender  against  the 
Penalty.  provisions  of  this  section  shall  forfeit  and  pay  the  sum  of  one 

hundred  dollars  for  the  first  offence,  and  the  further  sum  of 
twenty  dollars  for  each  and  every  day  thereafter,  during  the 
continuance  of  such  preparing  or  moulding,  making  or  burning. 

SLAUGHTER  AND  HIDE  HOUSES,  HOG-PENS,  &c. 
No.  67,8.1, May      66.     Should  complaiut  be  made  to  the  Health  Commissioner 

13, '64.  ^ 

Slaughterhouse  by  six  of  the  property  holders  or  heads  of  families  within  six 

nuisance.  i        i         -j 

hundred  feet  of  any  slaughter-house,  that  such  slaughter-house 
is  a  nuisance,  affecting  the  health  of  the  neighbors  or  the  value 
of  property  in  the  vicinity,  it  shall  be  his  duty  to  examine  the 
place,  and  if  he  shall  think  the  complaint  well  founded,  to 
Health  Com-  report  the  case  to  the  Mayor,  and  also  to  report  to  him  under 
port  to  Mayor,  what  rcsolution  or  ordinance  of  the  Mayor  and  City  Council 
the  slaughter-house  was  erected. 

Ibid,  s.  2.  67.     If  the  Mayor  shall  agree  with  the  Health  Commissioner 

Duty  of  Mayor,  that  the  slauglitcr-house  is  a  nuisance,  and  it  shall  have  been 
erected  under  any  resolution  or  ordinance  providing  that  it 
shall  be  removed  upon  notice  from  the  Mayor,  he,  the  Mayor, 
Notice.  shall  immediately  give  the  notice  required  by  such  resolution 

or  ordinance;  but  if  the  slaughter-house  shall  not  have  been 
erected  under  a  resolution  or  ordinance  containing  such  a  pro- 
vision, the  Mayor  shall  take  steps  to  have  such  nuisance  pro- 
ceeded against  at  common  law. 

No.  43,  April  7,      68.     No  slaughter-housc  or  hide-house  shall   hereafter  be 

'71.  ^       ° 

No  slaughter     ercctcd  withiu  the  limits  of  the  city,  under  a  penalty  of  two 

house  or  hide  •"  r  ./ 

house  to  be       hundred  dollars,  and  a  further  penalty  of  one  hundred  dollars 

erected  within  '  r  J 

city  limits.        f^^j.  gach  and  every  month  thereafter,  until  the  same  is  pulled 
Penalty.  dowD,  or  rcmoved  out  of  the  city  limits. 

No.'63,  s.  3,  R.  69.  It  shall  not  be  lawful  for  any  person  or  persons  to  keep 
any  hog  or  hogs,  in  any  sty  or  yard,  or  elsewhere  on  their 
premises  within  the  city  of  Baltimore,  under  a  penalty  of  not 


Health.  405 

Article  XXIII.— Ordinances. 


lesB  than  oue  dollar,  nor  more  than  iive  dollars,  for  each  and  Penalty  for 
every  day  each  and  every  hog  may  be  kept  in  any  sty  or  yard  ^TsFys.^i'rdl' 
or  elsewhere  on  such  premises  within  said  limits ;  provided,  Proviso, 
however,  that  the  provisions  of  this  section  shall  not  apply  to 
hogs  brought  to  the  city  for  the  purpose  of  sale  or  slaughter, 
whether  in  the  possession  of  parties  bringing  them  to  the  city 
for  sale  or  slaughter,  or  in  the  possession  of  any  agent  of  such 
parties,  or  in   the  possession  of  a  resident  pork  butcher  or 
packer,  when  penned  in  any  of  the  enclosures  attached  to  the 
Maryland  State  live  stock  scales.     This  provision  of  exemp- 
tion  from  the  conditions  of  this  section,  however,  not  to  be 
construed  to  allow  any  resident  pork  butcher  or  packer  to  Pork  butchers 
keep  any  hogs  about  their  premises  for  any  purpose  other  than  °'^^^^  "*' 
for  slaughter,  and  for  the  purpose  of  slaughter  for  no  longer  a 
period  than  ten  days  from  the  time  of  the  first  receipt  of  said 
hogs. 

70.  It  shall  be  lawful  for  any  victualler,  a  resident  of  the  no.  100,  s.i, 

,.  n    ,    .  ,  1  .  *    I  I'll  1  Oct.  18,  '60. 

city  01  Baltimore,  to  keep  on  his,  her  or  their  slaughter-house  victuallers  to 
premises,  to  run  at  large  thereon  only,  such  number  of  hogs    ^*^  °^^' 
as  may  be  deemed  requisite  to  consume  the  offal  from  his,  her 
or  their  slaughter-house ;  provided,  said  victualler  shall  first  Proviso. 
procure  a  permit  so  to  do  from  the  Board  of  Health.  Permit. 

71.  It  shall  be  the  duty  of  the  Health  Commissioner,  when  ibid,  s.  2. 
application  shall  be  made  to  him  by  any  victualler  for  permis-  Health  com- 

*^  •  •    •        1        missioner  to 

sion  to  keep  hog^  on  his,  her  or  their  premises,  to  visit  the  visit  premises, 
said  premises,  and  if,  in  his  judgment,  the  keeping  of  a  certain 
number  of  hogs  upon  the  same  shall  not  create  a  nuisance,  or 
be  detrimental  to  the  health  of  the  contiguous  neighborhood, 
then  he  shall  give  a  permit,  as  is  provided  for  in  the  preceding  Permit, 
section,  said  permit  to  be  good  for  t^welve  months,  unless  sooner 
revoked  by  him. 

72.  Any  person  or  persons  who  shall  keep  hogs  upon  their  ibid,  s.  3. 
premises,  without  first  having  had  and  obtained  a  permit  so  penalty  for 

r  '  ^  ,.  .  1     n    p         keeping  hogs 

to  do,  as  provided  for  in  the  preceding  two  sections,  shall  tor-  without  permit. 


406  Health. 

Article  XXIII. — Ordinances. 


feit  and  pay  a  fine  of  twenty  dollars  for  every  violation,  and 
five  dollars  for  every  day  such  violation  is  continued,  to  be 
recovered  as  other  fines  and  forfeitures  are  recoverable. 

POTTER'S  FIELDS. 

No.  18, 3. 64,  R.      73.     The  Potter's  fields*  of  the  city  of  Baltimore  are  hereby 

Potter's  fields  placcd  uudor  the  control  and  direction  of  the  Board  of  Health, 
who  are  hereby  authorized,  with  the  advice  and  consent  of  the 
Mayor,  to  establish  a  code  of  regulations  relative  to  all  inter- 
ments in  said  Potter's  fields,  which  in  their  judgment  may  be 

Proviso.  proper  and  necessary  ;  provided,  that  all  graves  which  may  be 

dug  in  the  Eastern  and  Western  Potter's  fields  shall  be  of  the 
depth  of  at  least  four  feec  six  inches,  and  any  grave-digger,  or 
other  person  or  persons  employed  for  such  purpose,  who  shall 
neglect  or  refuse  to  dig  any  such  grave  of  the  said  depth,  shall 
forfeit  and  pay,  for  each  and  every  ofience,  the  sum  of  ten 
dollars;  and  if  the  grave-digger  or  any  other  person  or  per- 
sons employed  by  the  Board  of  Health,  shall  at  any  time  omit 
or  neglect  to  lock  or  close  the  gates,  he  or  they  shall,  for  each 

Penalty.  oficncc,  forfcit  and  pay  the  sum  of  two  dollars,  to  be,  deducted 

out  of  any  money  due  him  or  them  for  digging  graves  or  other- 
wise, and  in  case  no  money  shall  Ije  due  him  or  them,  the  said 
fines  shall  be  recovered  and  collected  as  other  fines  are,  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore. 

Ibid,  s.  66;  No.      74.     Upon  the  erection  of  a  suitable  house  for  the  purpose, 

5.^,  July  24,  '69.  ^  r       r      ^   ^ 

Dead  bodies  not  all  dead  bodics  which  may  be  found  and  not  recognized  within 

recognized — 

how  disposed  the  limits  of  the  city,  shall  be  placed  therein  for  at  least  twenty- 
four  hours,  and  it  shall  be  the  duty  of  the  police  ofiicers  in 
each  district  to  have  all   dead   bodies,  unclaimed,  removed 

Morgue.  thcuce,  and  if  not  recognized,  properly  buried  under  the  direc- 

tion of  the  Board  of  Health.f 


*  See  WiUiamson  v.  Mayor,  &c.,  19  Md.  413,  for  a  proceeding  to  sell  a  lot 
of  ground  held  by  the  city  on  a  special  trust  created  by  deed  as  a  place  for 
the  sepulture  or  burial  of  the  poor  and  strangers  dying  within  the  city. 

t  See  p.  172,  ante. 


Health.  407 

Article  XXIII.— Ordinances. 


PRIVIES. 

75.  No  person  shall  remove  the  contents  of  any  privy,  well  no.  58,  May  ?, 
or  sink  within  the  limits  of  the  city,  without  having  first  ob-  Removing  con- 
tained  a  license  from  the  Comptroller  so  to  do,  and  every  per-  &c.  without 
son   oifendiug.  against  the  provisions  of  this  section  shall  for 

every  such  offence  forfeit  and  pay  the  sum  of  twenty-five  dol- 
lars, and  also  be  liable  to  the  penalty  for  creating  or  maintain- 
ing a  nuisance.  Every  person  who  may  obtain  a  license  to 
empty  or  remove  the  contents  of  privies  or  vaults  shall  be  con- 
sidered as  subject  to  the  orders  of  the  Board  of  Health  in  all  Licenses  sub- 

1      .  1  .  1     1  ,  t.        .    .  ^        J6ct  to  orders  of 

matters  relatmg  to  the  openmg  and  cleaning  of  pnvies  or  vaults,  Board  of 

time  and  manner  of  removal,  and  the  presentation  of  statistics 

connected  with  the  cleaning  of  privies,  as  also  the  place  or  statistics. 

places  to  which  night-soil  may  be  removed,  and  for  any  refusal  piaces  of  de- 

or  neglect  to  obey  the  orders  of  the  Board  of  Health,  as 

herein  provided,  it  shall  be  the  duty  of  the  Comptroller,  upon 

the  written  request  of  the  Commissioner  of  Health,  to  revoke  when  licenses 

the  license  of  the  person  or  persons  so  refusing  or  neglecting  to 

obey. 

76.  Every  person  desirous  of  being  licensed  to  empty  or  no.  ig,  s.  44,  r, 

„         .  ,,  ,      .     1  1      11  1  O.;  No.  6,  Dec. 

remove  the  contents  of  privy  wells  and  sinks,  shall  make  ap- 13,  w. 
plication  in  writing  to  the  Comptroller,  who,  after  conference  License  to  re- 

r  o  i  move  contents 

with  the  Board  of  Health,  on  being  satisfied  with  the  charac-  of  privies. 
ter  of  the  applicant,  and  the  security  and  tightness  of  his  cart 
or  carts,  and  that  he  is  the  owner  of  such  horses  and  cart  or 
carts,  as  represented  in  his  application,  and  that  he  is  not  in 
collusion  or  combination  with  others  to  defraud  the  corpora- 
tion, may  grant  him  a  license  for  one  year,  and  renew  the  same 
from  time  to  time,  and  for  such  license  so  granted  and  for  each 
renewal  of  the  same,  he  shall  pay  therefor  to  the  Register  the 
sum  of  two  and  a  half  dollars  for  each  and  every  cart;  and  cost  of  license, 
every  person  so  licensed  shall  give  bond  to  the  city,  with  se-  Bond, 
curity  to  be  approved  by  the  Register,  in  the  penal  sum  of  five 


408  Health. 

Article  XXIII.— Ordinances. 


hundred  dollars,  conditioned  for  the  faithful  performance  of 
all  the  duties  enjoined  by  this  ordinance,  and  the  Comptroller, 
upon  complaint  of  the  Health  Commissioner,  may  revoke  or 
suspend  any  such  license. 

No.  106,  Nov.  1,      77.     The  Board  of  Health  is  hereby  authorized  and  em- 
when  sinks      powcrcd,  in  its  discretion,  to  permit  any  person  or  persons  who 

and  privy  vaults 

may  be  cleaned  gl) all  at  his  or  their  owu  cost,  be  supplied  with  suitable  con- 

in  daytime.  '  * 

veniences,  to  clean  sinks  and  privy  vaults  in  the  city  of  Balti- 
Proviso.  more  during  the  day  time ;  provided,  that  no  annoyance  to 

sight  or  smell  shall  arise  therefrom. 

C 
Ibid  s.  -2.  78.     The  said  Board  of  Health  shall,  before  giving  a  permit 

Permit  from      to  any  pcrson  or  persons  for  the  cleaning  of  vaults  or  privies 

Board  of  Health  .  -,     ■,    n        •        ,i  t  ,•  i  i  i 

as  provided  tor  m  the  preceding  section,  demand  and  receive 
Bond.  from  such  person  or  persons  a  good  and  sufficient  bond  for  the 

proper  performance  of  the  work  to  be  done  without  annoy- 
ance to  sight  or  smell  to  the  citizens  of  Baltimore. 

No.  112,  Oct. 26,      79.     All  privies  that  are  liable  or  likely  to  get  into  a  state 

When  privies  to  of  uuisancc  betwccn  the  first  day  of  June  and  the  first  day  of 

October,  shall  be  well  cleaned  between  the  first  day  of  October 

and  the  first  day  of  June,  and  it  shall  be  the  duty  of  the  Board 

Publication  by  of  Health  to  causc  a  copy  of  this  section  to  be  published  in  at 

Board  of  Health.  /.ii-i  ii-ii  -j 

least  three  of  the  daily  papers  once  a  month  during  the  period 
between  the  first  of  October  and  the  first  of  Juno  in  each  and 
evei:y  year,  and  it  shall  further  be  the  duty  of  the  Board  of 
Health  to  cause  to  be  made,  through  the  Commissioners  of 
Police  and  the  force  under  them,  between  the  first  and  tenth' 

Inspection  by    of  cach  Juuc,  a  thorough  inspection  of  all  privies,  wells   or 

^^  *'^*'  vaults  within  the  city,  and  all  that  then  may  be  found  to  be 

full,  or  within  eighteen  inches  therefrom,  shall  be  deemed  in  a 

Nuisance.  State  of  nuisaucc,  and  the  owner  or  owners,  agent  or  agents  of 
the  property  to  which  the  privy  or  privies  respectively  may 

Penalty.  bcloDg,  shall  forfeit  and  pay  twenty  dollars. 


Health.  409 

Article  XXIII. — Ordinances. 


80.     The  vault  or  well  of  every  privy  which  shall  be  erected  no.  is,  s.  si,  r. 
within  the  following  limits,  that  is  to  say  :  for  the  City  Spring  PubUc springs 

protPctert  from 

in  Calvert  street,  bounded  on  the  north  by  Mulberry  street,  encroachment 

•^  •       •'  of  privies. 

on  the  west  by  north  Charles  street,  on  the  south  by  Lexing- 
ton street,  and  on  the  east  by  north  Calvert  street ;  for  the 
City  Spring  at  the  corner  of  Pratt  and  Eden  streets,  bounded 
on  the  west  by  Eden  street,  on  the  south  by  Pratt  street,  on 
the  east  by  Caroline  street,  on  the  north  by  Baltimore  street ; 
and  for  the  public  spring  in  Franklin  square,  bounded  on  the 
north  by  Lexington  street,  on  the  west  by  Calhoun  street,  on 
the  south  by  Fayette  street,  and  on  the  east  by  Care}'  street ; 
and  for  the  public  spring  in  Union  square,  bounded  on  the 
north  by  Hollins  street,  on  the  west  by  Gilmor  street,  on  the 
south  by  Lombard  street,  on  the  east  by  Strieker  street ;  and 
for  the  pump  called  the  green  tree  pump,  bounded  on  the 
north  by  Gran  by  street,  on  the  west  by  Albemarle  street,  on 
the  south  by  Stiles  street,  and  on  the  east  by  Exeter  street ; 
and  for  the  spring  from  which  the  Centre  market  is  supplied, 
bounded  on  the  north  by  Monument  street,  on  the  west  by 
north  Charles  street,  on  the  south  by  Centre  street,  and  on 
the  east  by  north  Calvert  street — shall  be  built  and  floored  vauits  to  be 

•'  I'll,      ™*<Js  imper- 

with  sound  and  well  burnt  brick,  at  least  one  foot  thick  at  the  vious  to  ^-ater. 

bottom,  and  the  walls  not  less  than  nine  inches  thick,  with  a 

cement  impervious  to  water,  and  shall  not  exceed  six  feet  in 

depth,  and  shall  be  puddled  with  clay,  rammed  compactly  at 

the  bottom  and  on   all  sides  of  every  such  privy  at  least  one 

foot  thick ;  and  it  shall  be  the  duty  of  every  person,  previous 

to  erecting  or  causing  to  be  erected,   any  privy  within   the 

limits  aforesaid,  to  call  on  the  Commissioner  of  Health,  and 

have  the  same  erected  agreeably  to   his   directions,   and   to 

obtain  from  him  a  certificate  in   writing,  that  such  privy  is 

conformable  to  this  section,  before  the  same  shall  be  used,  and 

such  privy  shall  be  kept  at  all  times  in   the  like  complete 

repair. 


410  Health. 

Article  XXIII. — Ordiuances. 


Ibid,  s.  52.  81.     It  shall  be  the  duty  of  the  Health  Commissioner  to  give 

Commissioner    notico  to  the  owoers  OF  occuuiers  of  the  property  within   the 

to  notify  own- 
ers of  property   boundaries  mentioned  in   the  preceding  section,  upon  which 

to  remove  r  r>  '      r 

privies.  privies  or  dung  vaults  are  now  constructed  in  a  manner  diifer- 

ent  from  that  above  provided  for,  to  have  them  removed,  alter- 
ed or  repaired,  as  may  be  judged  necessary  by  said  commis- 
sioner; and  any  one  who  shall  refuse  or  neglect,  for  sixty  days 
after  the  receipt  of  such  notice,  to  cause  them  to  be  removed, 
or  shall  offend  against  the  provisions  of  the  preceding  section. 

Penalty.  shall  forfeit  and  pay  the  sum  of  twenty  dollars,  and  five  dol- 

lars per  week  thereafter  until  the  provisions  of  said  section  be 
complied  with. 

Ibid,  s.  53.  82.     If  the  commissioner  aforesaid  shall  be  of  opinion  that 

Privies  within   the  statc  or  Condition  of  any  privy  erected  within  the  limits 

certain  limits  to  ti     i  .     . 

be  repaired,  &c.  prescribed  by  scctiou  80,  is  such  as  to  be  likely  to  injure  or 
corrupt  the  waters  of  any  of  the  said  springs  or  pumps,  in  that 
case  he  is  hereby  required  to  order  and  direct  the  owner  or 
owners  of  such  privy  to  clean  out  and  repair  and  otherwise 
secure  the  same,  within  twenty  days  after  such  order  has  been 
given,  under  the  penalty  of  fifty  dollars,  and  the  further  sura  of 
ten  dollars  for  every  week  such  refusal  or  neglect  shall  be 
continued. 


No.  63,  May  26,       83.     If  any  person  or  persons  shall  introduce  a  pipe  or  sewer 
Pipes  and         iuto  any  of  the  wells  belonging  to  the  city,  for  the  purpose  of 

sewers.  o      o 

draining  water  closets,  or  for  any  other  purpose  whatever,  each 
and  every  person,  for  each  and  every  such  offence,  shall  forfeit 
and  pay  a  sum  not  exceeding  twenty  dollars. 

No.  18,  s.  hi,         84.     If  any  jjerson  or   persons  shall  erect,  or  cause  to  be 
Privies  not  to    crcctcd,  any  privy  or  other  building  over  any  wharf  or  wall 

be  erected  on  , 

Jones'  falls,  &c.  or  ovcr  the  bed  of  Jones'  Falls,  or  Harford,  Schrceder  s  or 
Chats  worth  runs,  or  suffer  the  contents  of  any  privy  to  flow 
into  the  aforesaid  streams  by  means  of  a  sewer  or  otherwise, 
within  the  limits  of  the  city,  so  that  the  filth  therefrom  be 


Health.  411 

Article  XXIII. — Ordinances. 


discharged  into  the  said  falls,  or  either  of  said  runs,  such  per- 
sons or  persons  shall  forfeit  and  pay,  for  each  and  every  such  Penalty. 
offence,  the  sum  of  twenty  dollars. 

85.  It  shall  not  be  lawful  for  any  person  or  persons  to  sink  no.  ss,  juiyir, 
or  cause  to  be  sunk  any  vault  or  well  to  be  used  for  a  recep-  vauits  under 

pavements. 

tacle  of  a  privy,  under  the  bed  of  any  street,  lane  or  alley  in 
the  city  of  Baltimore,  or  the  sidewalks  thereof. 

86.  If  any  person  or  persons  shall  sink  or  cause  to  be  sunk  ibid,  s.  2. 
under  the  pavement  of  any  street,  lane  or  alley,  or  the  side-  Penalty, 
walks  thereof,  any  vault  or  well,  and  use  the  same  as  a  recep- 
tacle for  a  privy,  such   person  or  persons  so  oifending  shall 
forfeit  and  pay  the  sum  of  one  hundred  dollars,  to  be  recover- 
ed  as   other  fines   and   forfeitures   are  recoverable ;    and   if 

the  same  be  not  filled  up  and  properly  secured  after  twenty  Notice  to  ah  up 

days'  notice  from  the  Commissioner  of  Health,  such  person  or 

persons  shall  forfeit  and  pay  for  every  week  thereafter  until 

the  said  vault  shall  be  filled  up  and  secured  to  the  satisfaction 

of  the  said  commissioner,  the  sum  of  twenty  dollars,  and  it 

shall  be  the  duty  of  the  Commissioner  of  Health  to  enforce  Duty  to  enforce. 

the  provisions  of  this  section. 

87.  No  person  shall  drain  any  privy,  but  all  privies  shall  no.^i8,s.48, 
be  thoroughly  cleaned  out ;  and  the  Board  of  Health  is  hereby  how  privies  to 
authorized   and   directed  to  select,  from    time   to   time,  such  WfefdeTsuecT. 
place  or  places  as  they  may  deem  suitable  for  the  deposit  of 

night  manure;  provided,  permission  shall  first  be  obtained  Provisos, 
from  the  owner  or  occupier  of  the  premises,  and  no  objection 
be  made  by  the  owners  or  occupiers  of  the  ground  within  six 
hundred  feet  of  the  place  upon  which  it  is  intended  to  deposit 
said  night  manure  ;  and  provided  further,  that  such  place  or 
places  shall  first  be  deemed  by  the  Board  of  Health  not  pre- 
judical  to  the  health  of  the  surrounding  inhabitants. 

88.  No  night  manure  shall  be  deposited  at  any  places  except  ibid,  s.  49. 
such  as  shall  be  selected  by  the  Board  of  Health,  and  any  per-  Penalty. 


412  Health. 

Article  XXIII. — Ordinances. 


son  or  persons  offending  against  tlae  provisions  of  this  section 
shall  forfeit  and  pay  a  sum  not  exceeding  twenty  dollars.* 

Ibid,  3. 50.  89.     If  such  deposits  shall  prove  prejudicial  to  the  health  of 

Complaints, &c.  the  adjacent  neighborhood,  complaint  shall  be  made  by  the 
aggrieved  parties  to  the  Board  of  Health,  who,  with  the  ap- 
probation of  the  Mayor,  shall  order  said  deposits  to  be  forth- 
with suspended. 

Res.  No. 304,         90.     Night  soil  shall  not  be  transferred  from  one  vessel  or 

Sept.  a,  '76.  ^ 

Manure  at  City  tank  to  any  othor  vessel  or  receptacle  at  the  city  pier  in  the 

Pier  in  Back  ... 

Basin.  back  basiu,  but  said  night-soil  shall  be  removed  in  the  vessel 

or  tank  in  which  it  is  carried  to  the  pier  to  the  boat  or  lighter, 
and  so  removed  from  the  city ;  any  person  violating  the  provis- 

Penaity.  ious  of  this  scctiou  shall  pay  a  fine  of  ten  dollars  for  each  offence, 

to  be  recovered  as  other  penalties  for  violations  of  city  ordi- 
nances are  recoverable. 

*A  licensed  nightman,  in  the  act  of  violating  certain  health  regulations  of 
the  city  of  Baltimore,  by  depositing  night  soil  at  a  place  not  designated  by 
the  Board  of  Health,  was  arrested  by  a  policeman  during  the  night,  without 
•  warrant,  under  the  directions  of  said  board  and  confined  in  the  station 
house  until  the  next  morning,  when  he  was  released  on  his  own  recogniz- 
ance. The  nightman,  at  the  time  of  his  arrest,  was  aware  of  the  order  of 
the  Board  of  Health  designating  particular  localities  for  the  deposit  of  night 
soil,  but  disregarded  the  order,  because  it  cost  him  more  to  take  the  ordure 
to  those  places  than  to  the  place  where  he  was  at  the  time  depositing  it.  No 
violence  or  unnecessary  force  was  used  in  his  arrest  and  detention.  Held : 
That  an  action  of  trespass  and  false  imprisonment  by  the  nightman  against 
the  officer  who  arrested  and  detained  him  would  not  lie,  the  arrest  having 
been  made  by  direction  of  the  Board  of  Health,  upon  whom  was  imposed 
the  duty  of  executing  all  ordinances  for  the  preservation  of  the  health  of 
the  city ;  and  the  procurement  of  a  warrant  as  a  preliminary  to  such  arrest 
and  detention,  was  not  necessary.  The  Police  Department  of  the  City  of 
Baltimore  being  charged  by  law  with  the  duty  of  enforcing  the  ordinances 
of  said  city  in  regard  to  the  public  health,  and  the  orders  of  the  Board  of 
Health,  in  pursuance  thereof,  is  justified  in  arresting,  by  direction  of  said 
board,  any  one  found  violating  the  health  regulations  of  the  city.  Mitdtdl 
V.  Lemon,  34  Md.  176. 

By  resolution  April  14,  1874,  the  emptying  and  cleaning  of  the  sinks 
attached  to  the  public  schools,  theretofore  under  the  control  of  the  Board  of 
Commissioners  of  Public  Schools,  was  transferred  to  the  Health  Department. 


Health.  413 

Article  XXIII. — Ordinances. 


REMOVAL  OF  GARBAGE,  MANURE  AND  REFUSE. 

91.  It  shall  be  the  duty  of  the  Superintendent  of  Streets  no.  19,  s.  s, 
with  the  Commissioner  of  Health,  to  employ  a  sufficient  nuin-  to  employ  a 

sufticieDt  num- 
ber of  drivers,  horses  and  water-tight  carts  for  each  district,  ^er  of  horses, 

'  "  '  carts  and  driv- 

for  the  removal  of  ofi'al  and  coal  or  other  ashes  from  the  dwel-  o"offia/c^r** 

lings  and  other  places  within  the  several  districts  ;  and  it  shall  di/ierent'^dis" 

be  the  duty  of  the  men  not  only  to  act  as  drivers,  but  also  to 

collect  all  offal  and  coal  and   other  ashes  as  herein  provided  ; 

and  said   superintendents  shall   cause  said   horses,  carts  and  nmy  of  drivers 

^  of  garbage  carts. 

drivers  to  pass  through  all  the  streets,  lanes  and  alleys  within 

their  respective  districts,  in  such  manner  as  shall  insure  the 

passage  of  one  horse,  cart  and  driver  through  each  and  every 

street,  lane  and  alley,  not  less  than  three  times  a  week,  on 

alternate  days,  from  the  first  day  of  November  until  the  first 

day  of  May,  and  daily  (Sundays  excepted)  from  the  first  day 

of  May  until  the  first  day  of  November,  and  they  shall  give 

notice  to  housekeepers  of  their  approach  by  sounding  a  trum-  Trumpet  to  be 

pet,  blowing  at  the  intersection  of  each  street,  that  may  be 

heard  at  least  one  square ;  and  said  superintendents  shall  in 

no  case,  own  or  be  interested  in  the  ownership  of  said  horses 

or  carts. 

92.  It  shall  be  the  duty  of  all  housekeepers  to  have  placed  no.  ]». s.^s^r. 
in  a  vessel   or   vessels,  not  exceeding  in  capacity  one  bushel  Oct.  ys, '72. ' 
each,  near  their  premises  or  some  convenient  place  of  access,  Duty^of  house- 
at  such  time  as  said  carts  may  pass,  all  vegetable  or  kitchen  "the- in  rep^rd 
offal,  and  separately  in  a  similar  vessel,  all  coal  or  other  ashes,  other  ashes. 
and  to  deliver  or  cause  them  to  be  delivered  to  the  garbage 

man  so  separated  ;  and  it  is  hereby  expressly  ordained,  that  no 
other  substances  than  those  mentioned  in  this  section  shall  be 
regarded  as  garbage,  under  a  penalty  of  one  dollar  for  each  Penalty, 
offence,  and  any  person  or  persons  neglecting  or  refusing  so  to  NoUce^^-»^. 
do,  after  having  first  been  notified  in  writing  by  the  Assistant -issioner. 
Health  Commissioner,  shall  forfeit  and  pay  one  dollar  for  each  Penalty. 


414  Health. 

Article  XXIII. — Ordinances. 


and  every  neglect  or  refusal ;  and  the  Assistant  Commissioner 

of  Health  is  further  authorized  to  cause  the  owners  of  garbage 

How  garbage     carts  to  liave  tlicm  so  constructed  with  movable  division  boards 

carts  to  be  con- 
structed, as  will  enable  the  coal  and  other   ashes  to  be  kept  separate 

from  the  vegetable  or  kitchen  offal. 

No.  19,  s.  9,  93.     The  carts  employed  by  the  city  for  the  collection  of  offal 

Garbage  carts    and  coal  and  other  ashes,  agreeably  to  the  preceding  section, 

to  have  a  sign,       ,      ,,  ,    ,  .11,1  .  •  1 

and  beus  at-      suall  cacJi  havc  a  sign  placed  thereon  at  some  conspicuous  place, 

tached  to  _  &     r  r  r  ' 

horses.  witli  the  words,  "  city  garbage  cart,"  painted  in  large  letters 

in  black  and  white  ground,  and  there  shall  also  be  a  bell  or 
bells  attached  to  the  hames  or  collars  of  the  harness,  with 
sufficient  tone  to  be  heard  at  the  distance  of  a  square. 

Ibid,  s.  10  94.     It  shall  not  be  lawful  for  any  person  or  persons  engaged 

Penalty.  in  the  collcction  of  offal  or  coal  and  other  ashes,  not  employed 

by  the  city,  to  have  a  sign  on  his,  her,  or  their  cart  or  carts,  nor 
shall  any  bell  or  horns  be  used ;  and  any  person  or  persons 
violating  this  section  shall  be  fined  one  dollar  for  each  and 
every  offence. 

Ibid,  s.  11.  95.     If  any  person  or  persons  engaged  in  the  collection  of 

Penalty  for  ne-  offal  or  coal  and  othcr  ashes,  employed  by  the  city,  shall  neglect 
N  or  refuse  to  take  and  carry  away  any  such  offal  or  ashes  set  out 

as  required  by  this  ordinance,  within  six  hours  after  he  or  they 
shall  be  informed,  or  be  aware  of  the  same  being  so  set  out,  he 
or  they  shall  be  subject  to  a  penalty  of  one  dollar  for  each  and 
every  such  neglect  or  refusal. 

Res.  No.  84,  96.     The  Commissioner  of  Health  is  authorized  to  have 

May  19, '03. 

How  carts  to  be  dead  auimals  lying  in  the  streets  removed,  and  to  cause  the 

covered.  1  •    i  i  1  i     /•  1  i  • 

vehicles  used  in  their  removal  from  the  streets  and  station 
houses  to  be  so  constructed  as  to  have  wooden  covers  and  kept 
locked,  or  to  be  covered  with  oil  cloth,  as  they  pass  through 
the  streets,  as  in  his  judgment  may  be  deemed  most  ad- 
visable. 


Health.  415 

Article  XXIII. — Ordinances. 


97.  All  carts  employed  by  the  city  for  the  collection  of  no  4,  Mar.  23, 

'G9. 

offal   and  coal  and  other  ashes,  shall  be  covered  with  heavy  carts  carrying 

\  ^  •    1  •    1  1  oft'al,  &c. 

canvas  or  other  substantial  material,  so  as  to  prevent  dnst  or 
affluvia  from  escaping  from  such  carts  while  being  driven  along 
the  streets  of  the  city. 

98.  The  owner  of  every  cart,  wagon  or  other  carriage  em-  no.  33,  s.  12, 
ployed  in  removing  or  carrying  any  sand,  ashes,  dirt,  gravel,  carts,  &c.  used 

for  certain  pur- 

loam,  earth  manure,  filth,  stone,  brick  or  coal,  over  any  of  the  poses  to  be 
streets,  lanes  or  alleys  of  the  city,  shall  have  and  keep  the 
same  in  such  tight  and  secure  condition  as  that  such  ashes, 
sand,  dirt,  gravel,  loam,  earth,  manure,  filth,  stone,  bricks  or 
coal  shall  not  be  scattered  or  suffered  to  fall  on  any  of  the 
streets,  lanes  or  alleys  aforesaid,  under  the  penalty  of  two 
dollars. 

99.  It  shall  be  the  duty  of  the  police  olficers  to  report  to  no.  8,  Mar.  as, 

•^  61, 

the  Health  Commissioner  all  cases  of  neglect  or  refusal  on  the  Police  officers  to 

report. 

part  of  the  driver  of  any  garbage  cart,  to  remove  any  gar- 
bage from  any  premises,  when  the  same  shall  be  properly 
placed  on  the  footway, 

100.  No  person  whatsoever  shall  remove  or  carry  away  no^i9,  s.  1, 
any  manure  or  dirt  out  of  any  paved  street,  lane  or  alley  with-  »f^'»j'^"^«  ""j  *" 
in   the  city,  unless  by  the  authority  of  the  Commissioner  of 
Health,  except  manure  or  dirt  which  they  themselves  may 

have  temporarily  deposited  thereon,  and  every  person  offend- 
ing herein  shall  forfeit  and  pay  the  sum  of  three  dollars  for  penalty, 
each  and  every  load  of  manure  or  dirt  so  removed  or  carried 
away,  and  in  proportion  for  any  less  quantity. 

101.  Every  person  who  shall  cast,  place  or  lay  any  rubbish,  iwd,  s.  3. 
oyster  shells,  filth,  dirt,  shavings,  stable  manure,  or  offals  of  Rubbish,  &c.  in 
any  trade,  business  or  occupation,  or  any  rubbish  from  build-  incited, 
ings,  cellars  or  back  yards,  or  any  refuse  or  dirt  from  coal  or 
firewood,  or  any  ashes,  or  any  noxious  or  offensive  matter,  sub- 
stance or  thing  whatsoever,  into  or  in  any  public  square,  place, 


416 


Health. 


Article  XXIII. — Ordinances. 


street,  lane  or  alley  in  the  city,  or  cause  the  same  to  be  done, 
except  when  the  same  may  have  been  removed  from  his,  her 
or  their  premises  for  immediate  removal,  the  same  to  be  re- 
moved within  twenty-four  hours,  shall  forfeit  and  pay  the  sum 
Penalty.  of  ouc  dollar  for  every  such  offence,  and  the  further  sum  of 

one  dollar  for  each  and  every  day  the  same  shall  remain  in  such 
place. 

No.  19,  s.  5,  102.     The  said  superintendents  and  the  Commissioner  of 

"■  ^  TT  • 

Superintendents  Health  arc  authorlzod   and  empowered  to  sell,  from  time  to 

and  Health  .  ,  t  j3»   i  i  i 

Commissioner    time,   the   mauurc,  street  dirt,  oiial   and    o-arbao-e,   on  terms 

to  sell  manure,  '  _  Q  »    J 

*c.  the  most  advantageous  to  the  city,  and  return  the  amount  of 

said  sales,  under  oath,  to  the  Register. 

No  37,  May  10,      103.  Tlic  Mayor  and  Commissioner  of  Health  and  City  Comp- 

Proposaisand    trollcr  are  hereby  authorized  and  directed  to  advertise  for  pro- 
contract  for  re-  ,  ,  .  •      i  i  i  mi 

movai  oi  gar-    posals,  and   to  contract   with   some  suitable  and  responsible 

bage,  refuse 

animal  and       persou  or  porsous  for  the  removal  of  all  garbaore,  refuse  ani- 

vegetable  mat-     r  r  t>  »    ? 

""■•  mal  and  vegetable  matter,  that  may  be  gathered  in  the  limits 

of  the  city  of  Baltimore. 

104.  The  said  person  or  persons  with  whom  the  said  Mayor 
and  Commissioner  of  Health  and  City  Comptroller  may  so 
contract  for  said  removal,  shall  remove  the  same  by  rail  or  by 
water  only,  and  to  a  point  or  points  not  less  than  six  miles 
from  the  limits  of  the  said  city  of  Baltimore ;  provided  that 
City  Solicitor  to  the  City  Solicitor  shall  be  conferred  with  in  reference  to  the 

certify  to  con-     it/.,, 

tracts,  legality  of  all  contracts  made  in  reference  to  the  matter. 


Ibid,  s.  a. 

Places  of  de- 
posit. 


Ibid,  8.  3. 
Contract. 


Notice  to 
terminate. 


105.  The  Mayor  and  Commissioner  of  Health  may,  in  their 
discretion,  enter  into  a  contract  for  the  work  to  be  done  under 
the  provisions  of  this  ordinance,  for  a  term  of  years  not  to 
exceed  three  years,  reserving,  however,  the  right  to  terminate 
the  same  by  giving  thirty  days'  notice  to  the  contractor  or  con- 
tractors for  any  violation  by  them  of  the  provisions  of  this 
ordinance. 


Health.  417 

Article  XXIII.— Ordinances. 


contractor. 


106.     The  person  or  persons  with  whom  said  contract  shall  ibid,  3.4. 
be  made,  shall  enter  into  a  good  and  sufficient  bond,  in  such  Bond  from 
penalty  as  may  be  deemed  sufficient  by  the  Mayor,  City  Comp- 
troller and  City  Register,  for  the  faithful  performance  of  said 
contract,  within  ten  days  after  notice  of  the  acceptance  of  his 
or  their  bid. 

SUPERINTENDENTS  OP  STREETS. 


107.  In  order  more  effectually  to  secure  the  keeping  ofNo.  ig.s.  1, 

R.  O. 

the  several  streets,  lanes  and  alleys  properly  cleaned,  and  to  city  divided 
secure  the  health  of  the  city,  the  Board  of  Health  is  hereby  t"cts. 
directed  to  divide  the  city  into  five  districts,  as  equally  as  may 
be,  regarding  the  surface  of  the  paved  streets,  lanes  and  alleys  ; 
and  there  shall  be  annually  appointed,  after  the  manner  and 
at  the  time  of  the  appointment  of  other  officers  of  the  corpora- 
tion, five  persons,  one  for  each  of  the  said  districts,  who  shall  Appointment  of 

superintendsnts 

reside  in  the  districts  for  which  they  may  be  respectively  ap- 
pointed, and  who  shall  be  called  the  Superintendents  of 
Streets. 

108.  The  districts  laid  off  according  to  the  preceding  sec- iMd,  s.  2. 
tion,  shall  be  under  the  control  of  the  aforesaid  superintend-  superinten- 

.   -     dents  to  act  as 

ents,  who  shall  act  as  agents  of  the  corporation,  and  shall,  with  agents  of  cor- 

'  f^  I  '  '  poration;    their 

the   approval   of    the  Mayor  and   the  Board  of  Health,  em-  duties. 

ploy  an  effective  force  sufficient  at  all  times  for  the  cleaning 

and  keeping  clean  the  public  streets,  lanes  and  alleys  of  the 

city,  and  the  clearing  away  of   the  ice  and  snow*  from  the  snow  and  ice. 

gutters  and  crossings  of  the  streets,  lanes  and  alleys,  and  also 

the  snow  and  ice  from  the  front  of  the  public  schools  and  of 

all  public  buildings  occupied  and  owned  by  the  city,  and  the 

footways  of  bridges,  including  the  public  wharves  belonging 

to  and  ill  the  occupancy  of  the  corporation  ;  and  also  all  the 

footways  of  the  city  springs  and  public  squares. 

*See  further  provisions  and  notes  of  cases  under  Streets  and  City  Com- 
missioner, Art.  XL VII. 


418  Health. 

Article  XXIII. — Ordinances. 


Ibid,  s.  3.  109.     It  shall  be  the  duty  of  the  said  superintendents  to 

To  superintend  Superintend  the  working;  and  proper  distribution  of  the  men, 

men,  horses  and  oil 

carts.  horses  and  carts,  to  the  best  advantage  for  cleaning  the  streets, 

lanes  and  alleys ;  and  also  to  keep  the  number  of  men,  horses 
and  carts  specified  in  the  respective  districts,  diligently  em- 
ployed in  removing  street  dirt  and  manure  from  the  streets, 
lanes  and  alleys,  (unless  otherwise  employed  by  the  direction 
of  the  Board  of  Health,)  at  least  eight  hours  in  each 
and  every  day,  (Sundays  excepted,)  and  it  shall  be  the  duty 
of  the  said  superintendents  on  Monday  morning  of  each  week 

To  make  week-  to  make  a  full  rcport  in  writing,  under  oath,  to  the  Commis- 

ly  reports  to  i  o 

coinmis.sioner    sioncr  of  Health,  which  report  shall  state  the  number  of  men, 

of  Health.  '  r  J 

horses,  carts  and  implements  kept  by  them  respectively  at  work 
during  the  week  previous,  for  the  benefit  of  the  city  ;  the 
number  of  loads  of  street  dirt  and  manure  removed  and  sold, 
and  the  amount  of  money  received  therefor ;  and  also  the  loca- 
tions in  their  respective  districts  where  the  men,  horses  and 
carts  were  engaged  ;  and  they  shall  at  no  time  employ  more 
men,  horses  and  carts  than  are  absolutely  necessary  for  the 
performance  of  the  duties  required  of  them  ;  and  the  Register 
Register  direct-  is  hereby  dircctcd  to  pay  to  said  superintendents,  as  provided 

ed  to  pay  super-  i  /.  •  i 

tendents  in  the  uext  succeeding  section,  such  sums  oi  money  weekly 

as  may  be  necessary  to  pay  for  the  labor  of  removing  said 
street  dirt,  manure  and  ofial. 

No;«<Mar.28,       HQ.     The  accouuts,  with  reports  presented  by  each  super- 


'^^-  intendent  on  Monday  morning  of  each  week  to  the  Commis- 

weekiy  re-       sioner  of   Health,  with  pay  roll,  shall  be  examined,  audited 
Examinnd  by    and  marked  correct  by  the  Assistant  Commissioner  of  Health, 

Assistant  Com- 
missioner,        before  payment  is  made  by  the  Register  on  warrant  of  the 

Comptroller. 
No.  19, 8. 4,  111.    Said  Superintendents  of  Streets  shall  execute  all  orders 

R.  0.  ^ 

To  notify  the     pertaining  to  their  duties  and  office,  which  they  may  receive 

Mayor  of  all        ^  °  '  . 

offences  com-     from  the  Board  of  Health,  and  shall  ffive  immediate  notice  to 

mitted.  '  » 

the  Mayor  of  all  offences  committed  against  the  ordinances 
and  laws  enacted  for  the  preservation  of  the  health  and  clean- 


Health.  419 

Article  XXIII.— Ordinances. 


liness  of  the  city,  and  under  his  direction  shall  cause  the  same 
to  be  rigidly  enforced,  and  shall  perform  all  such  duties  as  the 
Mayor  may  require  of  them. 

112.  The  superintendents  appointed  under  this  ordinance,  ibid,  s.  r. 
with  the  Board  of  Health,  shall  have  power  and  authority,  Power  to  em- 
by   and    with    the    advice  and    consent   of   the  Mayor,   at  FdrTe.''*''"'"''''' 
any  time  when   a  necessity  exists,  to  employ  an  additional 

force ;  and  it  shall  also  be  the  duty  of  the  superintendents, 
with  the  Board  of  Health,  to  cause  said  additional  force 
to  be  discharged  as  soon  as  the  necessity  for  its  employment 
shall  have  ceased. 

113.  It  shall  be  the  duty  of  the  said  superintendents,  every  iwd,  s.  15;  No. 
Sunday  morning,  at  or  before  sunrise,  to  have  the  filth  and  MaS houlla 
offal  accumulated  at  the  different  market  houses  where  market  Sunday  mom- 
is  held  on    Saturday  evenings,  removed  ;     and  the  regular 

wages  for  one-half  of  a  day  shall  be  allowed  for  the  compensation 
of  such  men,  horses  and  carts  as  may  be  employed  to  perform 
the  work. 

114.  It  shall  be  the  duty  of  the  Mayor,  at  any  time,  to  iwd,  s.  le. 
discharge  any  of  the  said  superintendents  for  the  violation  of  power  of  Mayor 

,.     ,  T    •  I'     I   '  T  1  p^^     1      •         ^  to  discharge 

any  or  the  conditions  01  this  ordinance,  and  to  nlJ  their  places  superinten- 

•'  '  "^  dents. 

by  the  appointment  of  others. 

115.  The  said  superintendents  shall  each  give  bond  to  the  iwd,  s.'.e. 
Mayor  in  the  sum  of  two  thousand  dollars  for  the  faithful  per-  Bonds  from  su- 

'      ,        T>       perintendcnts. 

formance  of  his  duties,  and  for  the  weekly  return  to  the  Ke- 
gister  of  the  City  of  all  money  received  by  him  from  any  sales 
of  manure,  dirt  and  offal  made  by  him  for  and  in  the  name  of 
the  corporation.* 

116.  The  Superintendents  of  Streets  shall  each  receive  from  no.  25,  Jtar.  25, 
the  Register,  whose  duty  it  shall  be  to  pay  the  same,  as  a  com-  ^^f^^'^l^^^i 
pensation  for  his  services,  one  thousand  dollars  per  annum, 


*  See  section  102,  p.  416,  ante. 


420  Health. 

Article  XXIII. — Ordinances. 


Compensation    payable  monthly ;  and  the  hands  engaged  under  him  shall  each 

of  auperinten-  in  i  f» 

dents.  receive  not  more  than  one  dollar  and  seventy-five  cents  per 

Of  hands,  &o.     day,  payable  weekly;  and  if  any  superintendent  shall   from 

any  cause  be  unable  to  attend  to  his  duties  for  a  period  longer 
Substitute.        than  two  weeks  at  a  time,  a  substitute  shall  be  ap))ointed  by 

the  Commissioner  of  Health,  by  and  with  the  consent  of  the 

Mayor,  whose  compensation  for  the  time  he  shall  be  employed 
Pay-  shall  be  at  the  rate  of  one  thousand  dollars  per  annum,  and  to 

be  paid  out  of  the  salary  of  the  said  superintendent,  and  the 
Horse,  cart  and  (.ompensation  for  a  horse  and  street  cart  and  driver  shall  be 

driver.  '■ 

not  more  than  four  dollars  per  day,  which  shall  be  paid  weekly 

to  the  parties  furnishing  the  same,  and  the  pay  of  the  garbage 

Pay  of  garbage  carts  shall  bc  not  more  than  three  dollars  and  fifty  cents  each 

carts.  '' 

per  day,  ov  j^ro  i^ata  for  a  portion  of  a  day. 

No.  92,  May  26,      117.     Tho  Board  of  Health  in  employing  labor  and  vehicles 
for  services  in  their  department  shall  conform   as  nearly  as 
Scale  of  prices,  practicable  to  the  scale  of  prices  adhered  to  by  corporations, 
firms  and  individuals  for  equivalent  services ;  and  the  Corn- 
Report  from      missioner  of  Health  shall  report  monthly  the  number  of  men 

Commissioner 

of  Health.         and  horses  and  carts  employed  in  the  department,  with  salaries 
■    or  wages  paid,  to  the  City  Council,  if  in  session  ;  otherwise 
the  same  report  shall  be  made  to  the  Mayor. 

No.  20,  Feb.  28,      118.     It  shall  bc  the  duty  of  the  Assistant  Commissioner  of 

'72.  -^  _ 

Supervision  by  Health,  in  addition  to  such  other  duties  as  are  embraced  in  this 

Assistant  Com-. 

missioner  over  articlc,  to  Superintend  the  department  of  Superintendents  of 

superintendents  '        ■         r  i  1-  . 

of  streets.  Strccts,  in  all  matters  that  relate  to  the  operations  and  efficiency 
of  the  same,  its  economy  in  the  employment  of  labor  and  the 
disbursement  of  money  for  such  service.  In  the  discharge  of 
such  special  service  he  shall  make  a  circuit  of  observation  in 
relation  to  the  condition  of  the  streets,  lanes  and  alleys,  at 
least  once  in  every  week,  to  every  part  of  the  city,  and  give 


Health.  421 

Article  XXIII.— Ordinances. 


sucli  instructions  to  the  Superintendents  of  Streets  in  relation 
to  their  duties  as  the  Board  of  Health  may  direct. 

SMALL  POX. 

119.  There  shall  be  annually  appointed,  as  other  city  ofR-  no.  is,  s.  9,r. 
cers  are,  a  vaccine  physician  for  every  two  contiguous  wards,  9;''64°'  n^Tb! 
who  shall  be  a  resident  of  one  of  the  wards  for  which  he  may  Appointment  of 
be  appointed,  if  practicable,  who  shall  vaccinate  in  his  ward  cra^ns"**  ^''^" 
all  such  persons  as  may  be  pointed  out  to  him  by  any  member 

of  the  Board  of  Health,  as  susceptible  to  small  pox  contagion, 
and  wiiose  duty  it  shall  be  to  visit  each  dwelling-house  in  the  Duties  preacri- 
wards,  and  vaccinate  every  person  who  may  be  presented  to 
him  for  that  purpose,  and  to  be  prepared  at  his  office,  at  such 
hours  as  may  be  designated  by  the  Commissioner  of  Health, 
to  vaccinate  all  who  may  there  call  on  him  that  are  residents 
of  said  wards,  requiring  that  operation  ;  and  said  physician 
shall  enter  upon  the  performance  of  the  duties  prescribed  by 
this  section  immediately  after  his  appointment.  And  it  shall 
be  the  further  duty  of  the  several  vaccine  physicians  to  keep 
a  record  of  the  names,  age  and  residences  of  all  whom  they 
may  vaccinate  or  re-vaccinate,  and  report  the  same  monthly, 
under  oath  or  affirmation,  to  the  Board  of  Health,  and  to 
preserve,  at  all  times  during  their  term  of  office,  all  pure  vac- 
cine crust  which  may  come  into  their  possession,  and  deposit 
it  at  the  health  office  once  a  month,  carefully  enveloped  and 
marked  with  the  date  at  which  it  was  taken  from  the  arm ; 
and  it  shall  further  be  their  duty  to  report  monthly  to  the 
Board  of  Health  the  names  of  all  persons  who  shall  refuse  to 
suffer  themselves  or  members  of  their  household  to  be  vac- 
cinated, when  the  same  shall  be  necessary. 

120.  Before  the  vaccine  physicians  shall  receive  their  first  no.  so,  June  9, 
quarter's  salary,  the  Commissioner  of  Health  shall  be  satisfied  xocaUathouses 
that  they  have  called  at  one-fourth  of  the  houses  in  their  re- 


422  Health. 

Article  XXIII. — Ordinances. 


Duty  of  Health  spectivG  wards,  and  the  second  quarter's  salary  shall  not  be 

Commissioner. 

paid  until  one-half  of  the  houses  have  been  visited,  and  so  on 
through  the  year,  and  a  proper  return  of  the  same  made  ;  their 
salaries  only  to  be  paid  on  the  endorsement  of  the  Commis- 
sioner of  Health. 

Ibid,  8.3.  121.     The  quarter's  salary  of  the  Commissioner  of  Health 

Mayor's  duty,    shall  not  be  payable  until  the  Mayor  sliall  be  fully  satisfied 

that  the  preceding  two  sections  have  been  impartially  carried 

out. 

Ibid,  s.  4;  No.      122.     Said  physicians  shall  be  appointed  for  one  year,  and 

18,  s.  10;  No.  5,     ,      „  ,         ,   ,  ,  <>  i      .  •  t  i 

Feb.  28, '61.       shall  act  as  health  wardens  tor  their  respective  wards,  and 
To  act  as  health  they  shall  Severally  receive  the  annual  salary  of  three  hundred 

wardens. 

Salaries.  dollars,  payable  quarterly. 

No.  4, Dec. 9, '58.      123.     It  sliall  also  be  the  duty  of  the  vaccine  physician  re- 
vaccine  physi-  siding  in  the  wards  in  which  the  several  police  stations  are 

cians  to  attend  "^  i  n         i.  /r»  i  i  i     i   • 

police  officers    located,  to  attend  to  all  pohce  otncers  who  may  be  wounded  in 

wounded  in  dis-  '  "  _ 

charge  of  duty.  ^\^q  discharge  of  their  duties,  and  to  all  cases  which  may  re- 
quire professional  services   at  said   station   houses ;    and  the 
Additional        said  phvsicians  shall  each    receive  one   hundred  dollars  per 

salary.  .    .  .  . 

annum,  in  addition  to  their  present  compensation. 
No.  12,  Mar.  28,      124.     It  shall  bc  the  duty  of  all  the  vaccine  physicians  ap- 

'65. 

Vaccine  physi-   poiutcd  by  the  Mayor  and  City  Council  to  sign,  in  their  respec- 

cians  to  grant         ,  ,  ,.        .  ^  ft  ^^  •  n  i 

certificates.  tivc  vacciue  distncts,  irce  01  charge,  all  certincates  that  may 
be  required  of  them,  to  enable  children  to  enter  any  of  the 
public  schools  of  Baltimore,  as  required  by  tlie  act  of  1864,  c. 
269,  s.  7,  (sec.  26,  statutes,  of  this  article.) 

Ibid,  8.2.  125.     Any  vaccine  physician  refusing  to  sign  any  certificate 

Physician refus-  that  he  may  be  required  to  sign  in  compliance  with  the  pre- 
tificate  te  be  dis-  ceding  scctioH,  shall  forfeit  his  office  ;  and  it  shall  be  the  duty 

charged.  »  '  '  J 

of  the  Mayor,  upon  satisfactory  evidence  of  said  refusal,  to 
discharge  the  vaccine  physician  or  physicians  so  refusing,  and 
appoint  another  in  his  or  their  respective  districts,  and  so  on 
ad  inJinituTn^  said  appointment  to  be  confirmed  by  the  Council. 


Health.  423 

Article  XXIII. — Ordinances. 


126.  As  health  wardens,  it  shall  be  the  duty  of  the  vaccine  No.  is,  s.  ii,  r. 

.  .  .    o. 

physicians  to  have  a  general  supervision  of  the  health  of  their  Further  duties 

I         T^         J,       /.  of  vaccine  phy- 

respective  wards,  and  examine  and  report  to  the  xJoard  oi  sicians. 
Health  any  nuisance  which,  in  their  opinion,  is  or  niay  become 
a  source  of  disease;  and  whenever  any  disease  of  a  con- 
tagious character  shall  manifest  itself  in  any  of  their  respec- 
tive wards,  it  shall  be  their  duty,  under  the  direction  of  the 
Board  of  Health,  to  proceed  at  once  to  use  such  means  as  the 
nature  of  the  case  may  demand,  to  arrest  its  progress,  and  if 
they  shall  neglect  to  conform  faithfully  to  the  requirements 
herein  specified,  it  shall  be  the  duty  of  the  Mayor  to  remove 
them  at  once ;  and  any  one  so  removed  shall  forfeit  such  portion 
of  the  salary  as  may  be  due  him  at  the  time  of  his  removal. 

127.  It  shall  be  the  duty  of  the  physicians  of  such  dispen-  ibid,  8.12. 
sarins  as  receive  donations  from  the  Mayor  and  City  Council,  officers  of  dit- 
to preserve  at  all  times  a  full  supply  of  vaccine  virus,  and  Ferve  vTrus'l^c^ 
satisfactory  evidence  of  a  compliance  with  the  terms  of  this 
ordinance,  to  be  filed  with  the  Comptroller,  shall  be  necessary 

to  entitle  said  dispensaries  to  the  appropriations  made  for  their  iwd.s.  13. 
use.     In  all  cases  where  the  trial  of  vaccination  fails,  it  shall  to  repeat  vacci- 
be  the  duty  of  the  vaccine  physicians  to  repeat  the  operation 
until  they  are  satisfied  that  the  subject  will  not  receive  the 
vaccine  infection. 

128.  No  person  shall  communicate  the  infection  of  small  no.  is,  a.  15,  r. 
pox  by  inoculation  within  the  city  of  Baltimore,  under  a  pen-  inoculation  pro- 
alty  of  twenty  dollars  for  each  and  every  such  ofience. 

129.  The  Board  of  Health,  with  the  approbation  of  the  iwd, ».  le. 
Mayor,  may  cause  all  districts  where  malignant  or  yellow  fever  when  Board  of 

f»T  r.  iiji.  Health  to  fence 

may  have  become  fixed  and  confirmed  beyond  their  control,  to  in  infected  dis- 
be  fenced  in  and  guarded  by  sentinels. 

130.  The  Mayor  may,  upon  the  Commissioner  of  Health  ibid,  s.  17. 
reporting  that  he  has  good  reason  to  believe  that  a  contagious  when  Mayor  to 

.  .  .  J  •         1  convene  City 

or  malignant  disease  prevails  in  the  city,  immediately  convene  councu. 


434  Health. 

Article  XXIII. — Ordinances. 


the  City  Council,  in  order  to  communicate  to  them  all  the 
information  he  may  have  received  respecting  the  same,  that 
they  may  take  such  measures  as  may  seem  proper  for  the 
occasion. 

QUARANTINE  AND  MARINE  HOSPITAL. 

No.  17,  s.  1,  R.      131.     The  hospital  on  the  southern  shore  of  the  Patapsco 

O.;  No.  43,  June     .  "^  .      ,  i 

2, '62.  river  shall  be  known  as  the  Marine  Hospital;  and  a  suitable 

Marine  Hospital.  pcrsoH,  to  be  known  and  designated  as  the  Marine  Hospital 
Physician  to  be  Physician,  shall  be  annually  appointed  as  other  city  officers 

appointed. 

are  appointed,  who  shall  be  a  legally  authorized  practising 
General  duties,  pliysiciau,  whose  duty  it  shall  be  to  reside  permanently  on 
said  hospital  grounds,  and  generally  to  superintend  the  affairs 
of  the  hospital  and  the  grounds  attached  thereto,  and  under 
the  direction  of  the  Board  of  Health  to  manage  the  whole 
domestic  economy  of  the  premises ;  to  collect  all  moneys 
which  may  become  due  from  patients  of  every  class,  and  from 
all  immigrants  and  others  who  may  be  received  into  said  hospi 
To  pay  over      tal,  and  to  pay  over  said  money  to  the  Kegister  of  the  City  on 

moneys.  •         -nr  /» 

the  first  Monday  of  each  and  every  month,  and  make  a  monthly 
Monthly  re-      rcport  on  the  same  day  to  the  Board  of  Health  of  the  affairs 

ports. 

of  the  hospital,  the  number  of  inmates,  by  whose  order  received, 
and  at  whose  expense.  It  shall  be  the  furtlier  duty  of  the 
Marine  Hospital  Physician,  and  he  is  hereby  required,  when 
making  his  monthly  returns  to  the  City  Register,  to  render  a 
Detail  statement  Statement  in  detail  of  all  the  several  articles,  with  the  quanti- 

of  articles  pur-    .  .  iii.  ^       ■,  •  i. 

chased.  tics  and  prices  attached,  purchased  by  him  or  by  his  authority, 

or  in  any  other  manner,  for  the  use  of  the  Marine  Hospital 

Patients.  during  the  month  just  ended ;  also  the  number  of  patients, 

resident  and  under  treatment  at  said  hospital  at  the  several 
times  of  making  said  monthly  returns. 

No.  17, 8. 1,  R.      132,     He  shall  promptly  attend  to  all  messages  or  commu- 

Further duties,  nicatious  scnt  to  Or  left  at  the  hospital  which  may  in  any  way 

concern  his  duties  under  this  ordinance,  at  all  seasons  of  the 

year,  and  at  any  hour  of  the  day,  between  sunrise  and  sunset ; 


Health.  425 

Article  XXIII. — Ordinances. 


he  or  his  assistant,  as  liereinafter  provided  for,  shall  also  carry 
into  execution  the  quarantine  laws  and  regulations  provided 
for  by  this  ordinance.  He  may,  in  case  of  ill-health,  or  when 
the  Mayor  and  Board  of  Health  may  deem  it  absolutely  neces- 
sary, employ,  with  their  consent,  one  assistant,  who  shall  also  Assistant  may 

•'''•''  _    ^  ^  .be  employed. 

be  a  lepjally  authorized  practising  physician,  and  reside  at  said 
hospital  during  the  time  he  is  so  employed,  for  whose  acts  he 
shall  bo  responsible,  and  whose  compensation  shall  not  exceed 
the  sum  of  five  dollars  per  day  during  the  time  his  services 
may  be  required  ;  said  Marine  Hospital  Physician  shall,  before 
he  enters  upon  the  duties  of  his  office,  execute  a  bond  to  the  Bond, 
corporation,  with  such  sureties  as  the  Mayor  and  Comptroller 
may  approve,  in  the  penal  sum  of  five  thousand  dollars,  and 
with  the  condition  that  he  will  faithfully  discharge  the  several 
duties  and  trusts  reposed  in  him,  and  pay  over  to  the  Register 
all  money  collected  by  him  or  his  assistant  for  the  city. 

133.  All  vessels*  arriving  from  sea,  between  the  thirtieth  no.  17,  s.  a,  k. 
day  of  April  and  the  first  day  of  November,  and  at  such  Limits  of  quw- 
other  times  as  the  Mayor  and  Board  of  Health  may  direct, 

*Tlie  corporation  may  impose  penalties,  or  cause  a  vessel  and  all  per- 
sons on  board  to  be  taken  possession  of  and  controlled  until  their  disinfection 
is  effected,  and  impose  on  the  captain,  owner,  or  consignee,  reimbursement 
of  all  expenses  incurred,  or  they  may  adopt  both  remedies.  If  the  health 
officer  of  the  city,  on  wliom  the  duty  of  disinfection  is  imposed  by  the  ordi- 
nances of  the  corporation,  in  causing  expenses  to  be  incurred,  act  bona  Jide 
within  the  limits  of  a  sound  discretion,  and  with  reasonable  skill  and  judg- 
ment in  this  discharge  of  his  official  duties,  the  reasonable  expenses  thus 
incurred  by  him  must  be  paid  by  the  captain,  owner,  or  consignee  of  the 
disinfected  vessel,  as  declared  by  the  ordinances  of  the  city  on  such  subjects. 
The  health  officer,  in  his  disposition  of  persons  on  board  of  an  infected  ship, 
under  the  ordinances  of  the  city,  must  send  the  person  laboring  under  the 
infectious  disease  to  the  hospital,  and  may  also  send  those  on  board  the  same 
vessel,  liable  to  be  affected  by  it,  to  the  hospital,  if  in  his  opinion  such  course 
be  necessary  to  prevent  the  spread  of  the  disease  ;  and  in  doing  so,  acting 
witli  reasonable  skill  and  judgment,  and  with  sound  and  honest  discretion 
in  relation  to  persons  not  apparently  afflicted  with  the  disease,  he  renders 
the  owner,  master,  or  consignee,  also  liable  for  tlie  reasonable  expenses  in- 
curred as  in  other  cases.    Harrison  v.  Mayor,  &c.,  1  Gill,  264. 


426 


Health. 


Article  XXIII. — Ordinances. 


How  vessels 
may  come  with 
in  limits. 


Vessels  to  be 
boarded. 


Within  what 
periods. 


shall  not  approach  nearer  to   the  city  than   the   quarantine 
ground,  which  shall  be  upon  the  southern  or  main  branch  of 
the  Patapsco  river ;  and  it  shall  not  be  lawful  for  any  vessel 
that  is  subject  to  quarantine  regulations  to  approach  nearer  to 
the  city  than   a  line  drawn  from  the  point  of  Fort  McHenry 
to  the  hospital  ground  ;  nor  shall  any  such  vessel  come  within 
the  Lazaretto  light,  upon  the  north  side  of  Fort  McHenry, 
until  she  has  received  a  written  permit  from  the  Marine  Hos- 
pital Physician,  or  his  assistant,  to  that  effect ;  and  said  Marine 
Hospital  Physician,  or  assistant,  shall  board  all  vessels  arriving 
from  sea  (except  vessels  returning  in  distress,  with  outward 
cargo  on  board,)  after  their  arrival  at  quarantine  ground,  as 
soon  as  practicable,  and  such  ship  or  other  vessel  shall  come  to 
anchor  whenever  required  by  the  Marine  Hospital  Physician, 
or  his  assistant,  from  the  thirtieth  day  of  April  to  the  first  day 
of  November  in  each  and  every  year ;  and  it  shall  be  the  duty 
of  the  said  physician,  or  his  assistant,  carefully  to  examine 
into  the  health  of  all  the  officers,  crew  and  passengers  of  such 
vessels,  the  condition  of  the  cargo,  the  state  of  the  vessel  as 
to  cleanliness,  and  generally  into- all  such  circumstances  as 
may  in  any  way  affect  or  concern  the  health  of  the  city ;  and 
if  he  shall  believe  it  to  be  unsafe  to  permit  any  vessel  so  ex- 
amined to  unlade  her  cargo  or  come  to  the  wharf,  he  shall 
order  said  vessel  to  the  Lazaretto  wharf,  or  to  some  other  place 
outside  the  city  limits,  there  to  perform  the  necessary  purifica- 
tion which  shall  be  done  in  such  manner  as  may  be  directed  by 
said  physician,  or  assistant,  to  his  entire  satisfaction,  or  when- 
ever the  health  of  the  city,  in  the  opinion  of  the  physician,  or 
his  assistant,  may  be  endangered,  whether  from  the  actual 
presence  of  disease  or  from  an  unclean  condition  of  the  ship, 
vessel  or  passengers,  to  require  such  ship  or  vessel  to  come  to 
anchor  at  the  quarantine  ground,  and  there  remain  until  the 
passengers  have  been  removed,  and  the  ship  or  vessel  thoroughly 
cleaned  and  purified ;  and  all  expenses  of  purification  and  re- 
moval, and  all  other  expenses  incurred  by  said  physician,  or 


Physician's 
special  duties. 


Cargo. 


Passengers. 


Health.  427 

Article  XXIII. — Ordinances. 


his  assistant,  to  prevent  the  introduction  or  propagation  of  con- 
tagious and  infectious  diseases,  to  be  paid  by  the  master,  owner 
or  consignee  of  the  ship  or  vessel  for  which  the  expense  was 
incurred.     And  it  shall  not  be  lawful  for  any  person  com- vesaei  not  to  be 

removed. 

manding  or  having  charge  of  such  vessel  to  remove  her  from 
the  place  assigned  or  designated  by  the  said  physician,  or  his 
assistant,  without  his  written  permission,  or  to  suffer  such  ves- 
sel to  be  so  removed  by  others.  And  any  ship,  vessel  or  person 
violating  any  of  the  provisions  of  this  section,  or  neglecting  to 
comply  with  any  orders  issued  or  given  by  said  physician,  or 
his  assistant,  in  comformity  thereto,  shall  be  liable  to  a  penalty 
of  five  hundred  dollars,  and  a  further  penalty  of  fifty  dollars  Penalty. 
for  every  hour  the  ship  or  vessel  may  remain  in  any  position 
in  violation  hereof;  and  an  action  for  the  recovery  of  all  fines, 
forfeitures  or  expenses  incurred  in  carrying  into  eflect  any  of 
the  provisions  of  this  ordinance  may  be  laid  against  the  ship 
or  vessel,  the  master,  the  owner  or  consignee  of  the  ship  or 
vessel  so  violating,  each  or  all  of  them,  at  the  election  of  the 
city. 

134,  All  vessels,  after  their  cargoes  are  discharged,  shall,  iwd.s.  3, 

if  deemed  necessary  by  the  Board  6f  Health,  be  forth witk  vessel  to  he  pu- 
removed  to  the  stream,  and  to  a  proper  distance  from  the 
wharf,  and  thorouglily  cleansed  and  ventilated,  under  the  di- 
rection of  the  said  board ;  and  any  person  offending  against 
the  provisions  of  this  section,  or  who  shall  refuse  or  neglect  to 
comply  with  the  order  of  the  officer  or  ofiicers  charged  with  its 
execution,  shall  forfeit  and  pay  the  sum  of  one  hundred  dollars.  Penalty, 
and  twenty  dollars  for  every  hour  thereafter  during  which  said 
disobedience  shall  continue. 

135.  The    commander,  captain,  pilot,  or  person    having  iwd,  s.  4. 
charge  of  anv  vessel  coming  to  the  port  of  Baltimore,  from  sea  Duties  of  com- 

^  J  D  I  manders,  cap- 

or  elsewhere,  and  on  board  of  which  there  shall  be  any  person  |^";|^»"^;j  p^'f^j 
or  persons  affected  with  small  pox,  varioloid  disease,  or  other 
eruptive   complaint,  or  infectious  or  contagious  diseases,  or 


1 regar 
fectious  dis- 
eases. 


428  Health. 

Article  XXIII. — Ordinances. 


whose  condition  would  authorize  a  suspicion  that  the  malady 
may  be  small  pox  or  any  modification  thereof,  or  any  other 
infections  or  contagious  diseases,  or  on  board  of  which  small 
pox,  varioloid,  or  any  eruptive  disease  of  a  Idnd  which  would 
authorize  a  suspicion  that  it  had  been  any  form  or  modification 
of  small  pox,  or  any  other  infectious  or  contagious  diseases, 
shall  have  appeared  at  any  time  during  the  voyage  from  the 
port  or  place  at  which  the  vessel  had  cleared,  shall  bring  the 
said  vessel  to  at  the  quarantine  ground,  and  there  await  the 
arrival  of  the  Marine  Hospital  PJiysician,  or  Ids  assistant,  and 
not  depart  thence  until  a  written  permission  from  the  Marine 
Hospital  Physician,  or  his  assistant,  shall  be  obtained  for  that 
purpose;  and  it  shall  not  be  lawful  for  the  said  commander, 
captain,  pilot,  or  other  person  having  charge  of  such  vessel,  to 
Passengers  not  land  or  bring  on  shore,  or  suffer  to  be  landed  or  brought  on 

to  be  landed.  i 

shore,  any  passenger  or  passengers,  or  any  of  the  officers  or 
Nor  baggage,     crcw  of  sucli  vcssel,  or  any  part  or  parcel  of  the  bagg-age, 

goods  or  effects.  •'     ^  '^  to&    fc>    ' 

goods  or  effects,  or  any  other  articles  contained  in  said  vessel, 
until  he  has  obtained  a  written  permission  from  the  Marine 
Hospital  Physician,  or  his  assistant,  so  to  do ;  and  it  shall, 
moreover,  be  the  duty  of  the  persons  aforesaid  having  charge 
of  said  ship  or  vessel  to  make  a  full  disclosure  of  all  such  cir- 
cumstances in  relation  to  the  health  of  the  officers,  crew  and 
passengers  on  board  said  vessel  during  the  voyage,  and  at  the 
time  of  the  inquiry,  as  may  be  necessary  to  enable  the  Marine 
Hospital  Physician,  or  his  assistant,  to  determine  on  the  mea- 
sures necessary  to  be  taken  iu  the  premises,  and  particularly 
interrtgatories  to  auswcr  any  interrogations  which  may  be  put  to  him  by  said 
"  officer  in  reference  to  the  existence  of  small  pox,  varioloid  or 
other  eruptive,  infectious  or  contagious  diseases  among  the 
officers,  crew  or  passengers  on  board  the  vessel  at  the  time  of 
the  inquiry,  or  at  any  previous  time  during  the  passage;  and 
any  person  neglecting  or  refusing  to  comply  with  any  of  the 
requisitions  or  provisions  contained  in  this  section, or  with  any 
order  of  the  Marine  Hospital  Phj'sician,  or  his  assistant,  in 


Health.  429 

Article  XXIII. — Ordinances. 


pursuance  of  and  in  conformity  thereto,  shall  forfeit  and  pay 
the  sum  of  five  hundred  dollars;  and  if  the  said  penalty  shall  Penalty, 
have  been  incurred  by  the  commander,  captain,  pilot  or  other 
person  having  charge  of  such  vessel,  and  he  shall  abscond  or 
evade  the  execution  of  this  ordinance,  then  the  said  penalty 
shall  be  paid  by  the  owner  or  consignee  of  such  ship  or  vessel, 
unless  he  shall  give  such  information  as  may  lead  to  the  appre- 
hension of  the  delinquent. 

136.  Each  member  of  the  Board  of  Health  shall  have  full  No.  i8,  s.  58,  r. 

,  o. 

power  and  authority  to  give  an  order  for  the  reception  of  any  Power  of  Board 

person  affected  with  a  contagious  disease,  dangerous  to  the  ^^l'^^',"'^'' *"'"'*- 

community,  into  the  Marine  Hospital. 

137.  It  shall  not  be  lawful  for  any  person  or  persons,  know-  i»>«d,  »•  ss- 
ingly,  to  bring,  or  cause  to  be  brouirht  into  the  city,  any  damaged  Ccnain  dam- 

.  .  \  ^  Jf        J  fi        a(,":d  articles  not 

cotiee,  hides,  rice  or  any  other  article  which,  by  its  nature,  is  ^•?^'«' brought  in 

liable  to  produce  disease,  at  any  time  between  the  first  day  of 

May  and  the  first  day  of  November,  in  each  and  every  year, 

under  a  ])cnalty  of  one  hundred  dollars;  and  it  shall  be  the 

duly  of  the  Mayor  and  each  member  of  the  Board  of  Health, 

whenever  any  article  shall  have  been  brought  into  the  city,  to 

cause  a  written  notice  to  be  served  ot)  the  person  or  persons  How  to  be  re- 

^  moved. 

having  the  same  under  his,  her  or  their  charge,  to  have  the 
same  forthwith  removed  to  such  place  as  may  be  directed  in 
such  notice,  and  shall  likewise  order  that  the  vessel  (if  any) 
bringing  the  same  be  removed  within  six  hours  after  the  de-  Kemovaitoqua- 

"      "  rantinc  ground 

livery  at  said  place  to  the  quarantine  ground,  there  to  remain  "f'ye3s"ei''*''°" 
until  cleansed  and  ventilated  to  the  satisfaction  of  the  Marine 
Hospital  Physician,  and  any  person  or  persons  refusing  or  ne- 
glecting to  comply  with  the  directions  prescribed  in  the  notice, 
either  of  the  Mayor  or  a  member  of  the  Board  of  Health,  shall 
forfeit  and  pay  a  fine  of  one  hundred  dollars  for  each  and  Penalty, 
every  oftencc,  and  twenty  dollars  for  each  and  every  hour  such 
neglect  shall  jcontinue. 


430  Health. 

Article  XXIII. — Ordinances. 


No.  75,  June  3,      138.     The  Major  and  Board  of  Heath  may,  in  their  discre- 
Mayorand        tion,  cxompt  from  the  quarantine  regulations   of  the  city  of 

Board  of  Health  ,-,    ,    .  t^    i    • 

may  exempt      Isaltimore  all  steam  vessels  coming  into  the  port  of  Baltimore 

steam  vessels.  °  ' 

from  any  port  in  the  United  States  north  of  Cape  Henry,  which 
Exception  to  be  cxemptioH  shall  be  certified  to  the  physicians  at  the  Marine  Hos- 

certihed  to  phy-      .      ,  ,      ,  .        .  " 

sician  at  hospi-  pital,  and  shall  remain  in   force  until  countermanded   by  said 
Proviso.  Mayor  and  Board  of  Health,  and  no  longer ;  provided,  how- 

ever, that  no  exemption  granted  under  the  provisions  of  this 
section  shall  be  so  construed  as  to  exempt  the  commander,  cap- 
tain, pilot,  or  other  person  having  charge  of  any  vessel  coming 
into  the  port  of  Baltimore,  or  the  owners  or  consignees  of  the 
same,  from  the  penalties  and  fines  imposed  by  section  135  of 
this  article. 

No.  75,  June  20,  139.  Vcssels  arriving  from  ports  north  of  Cape  Henry  free 
Further  exemp- from  epidemic,  or  contagious  disease,  and  with  cargoes  from 
said  ports,  shall  not  be  subject  to  the  usual  quarantine  regula- 
tions contained  in  section  133  of  this  article,  unless  in  the  judg- 
ment of  the  Board  of  Health  compliance  with  said  regulations 
shall  be  necessary  to  protect  the  health  of  the  city. 

No.i7,s.5,R.o.      140.     The  Marine  Hospital  Physician,  or  his  assistant,  shall 
What  persons  to  visit  all  ships  or  vessels  that  may  come  to  at  the  quarantine 

be  sent  to  hospi-  ,  ,.  ,,  i'-iok  -ii 

tai  by  Marine  grouuds,  as  directed  in   section  135,  as  soon  as  practicable. 

Hospital  Physi- 
cian, in   daylight,   after   the   knowledge   of    such   fact  shall   have 

been  by  any  means  obtained  by  him  ;  and  said  ofiicers  are  here- 
by authorized  and  directed  to  send  all  persons  afiected  with 
the  small  pox,  varioloid,  or  other  infectious  or  contagious  dis- 
eases, who  may  be  found  on  board  such  vessels  to  the  Marine 
Hospital,  to  take  or  direct  such  measures  in  regard  to  the 
officers,  crew  and  passengers  as  in  their  opinion  may  be  neces- 
sary to  disinfect  them,  and  to  prevent  their  propagating  the 
BaggftKe.&c,  to  disease,  to  direct  all  such  articles  on  board  the  vessels  to  be 
landed,  in  order  to  be  purified  from  infection,  as  they  may  deem 
proper,  and  to  subject  all  such  articles  to  such  process  of  dis- 
infection as  they  may  think  necessary  for  that  purpose.     And 


Health.  431 

Article  XXIII. — Ordinances. 


the  Marine  Hospital  Physician  is  moreover  authorized  and  re- 
quired to  keep  all  such  articles  as  he  may  deem  necessary,  to 
subject  to  the  disinfecting  process  aforesaid,  under  his  own  care 
and  supervision,  until  such  purpose  be  accomplished.  And  it 
shall  be  the  duty  of  the  Marine  Hospital  Physician,  or  his 
assistant,  with  the  approbation  of  the  Mayor,  to  adopt  all  means 
or  measures  consistent  with  the  laws  of  the  United  States,  the 
State  of  Maryland,  and  of  the  city  of  Baltimore,  to  prevent  communication 

/       _  "  ^   ^  *  with  citiiKiis  to 

any  communication  between  the  citizens  of  Baltimore  and  be  prevented, 
those  detained,  until  the  necessary  means  are  used  to  disinfect 
them,  their  baggage  and  other  property,  to  the  satisfaction  of 
the  Marine  Hospital  Physician,  or  his  assistant.  And  any  person 
removing  or  attempting  to  remove  any  baggage  or  merchan- 
dise detained  in  virtue  of  this  section,  or  any  of  the  health 
ordinances  of  the  city,  shall  forfeit  and  pay  twenty  dollars,  and  Penalty, 
all  expenses  of  removing  said  baggage  or  merchandise  back  to 
the  Hospital  or  Lazaretto  grounds,  as  may  be  directed,  and  of 
delivering  the  same  into  the  charge  of  the  Marine  Hospital 
Physician  or  his  assistant. 

141.     The  expenses  which  may  be  incurred  in  the  disinfect-  ibid,  s.  6. 
ing  and  purifying  of  vessels,  persons,  baggage,  or  other  arti- Expenses  of  pu- 

1        •     !•        •  /»  11  T  rification,  &c.— 

cles  from  the  infection  of  small  pox  or  other  diseases,  as  pro-  how  to  be  paid, 
vided  for  in  the  preceding  section,  shall  be  done  at  the  proper 
cost  and  charge  of  the  commander,  captain,  owner  or  con- 
signee of  the  infected  vessel,  and  such  part  thereof  as  it  may 
be  necessary  for  the  Marine  Hospital  Physician,  or  his  assist- 
ant, to  incur  in  the  first  instance,  shall  be  charged  to  the  com- 
mander, captain,  owner  and  consignee,  or  either  of  them,  at 
the  discretion  of  the  Marine  Hospital  Physician,  or  his  assist- 
ant, and  collected  by  him  ;  but  if  it  cannot  be  so  collected,  the 
amount  which  said  physician  shall  have  necessarily  expended 
for  the  purpose  aforesaid,  shall  be  refunded  or  repaid  by  the 
Register  of  the  City,  with  the  approbation  of  the  Mayor. 


432  Health. 

Article  XXIII. — Ordinances. 


Ibid,  8. 7.  142.     All    passengers    placed   under  quarantine,    whether 

Expense  of       detained  on  shipboard,  or  removed  on  shore,  as  the  Marine 

maiutaining 

passengers        Rospital  Phvsician  or  his  assistant  may  direct,  who  shall  fail 

under  qiiaran-  i  ./  j  t 

dedVor*^^"^"'*"  ^^  maintain  themselves,  shall  be  provided  for  by  the  master  of 
the  vessel  in  which  they  shall  have  arrived  ;  and  if  the  master 
shall  omit  to  provide  for  them,  as  above  directed,  the  expense 
of  their  maintenance  shall  be  charged  to  the  vessel  in  which 
they  arrived.  And  snch  vessel  shall  not  be  permitted  to  leave 
the  quarantine  ground  until  such  expense  siiall  have  been 
repaid,  or  secured  to  be  paid  in  a  manner  satisfactory  to  the 
Mayor. 

Ibid,  s.  8.  143.     If  the  captain,  commander,  or  other  person  having 

Penalty  on  refu-  chargc  of  anv  vesscl  which  shall  be  detained  at  quarantine  by 

sal  of  captain  to 

comply  with  or-  the  Marine  Hospital  Physician,  or  his  assistant,  shall  refuse  or 

der  of  hospital  r  J  .'  ' 

physician.  ncglcct  to  obcy  or  carry  into  effect  any  order  or  requisition  of 
the  Marine  Hospital  Physician,  or  his  assistant,  made  in  pur- 
suance of,  and  in  conformity  with,  the  provisions  of  sec- 
tion 140  hereof,  he  shall  •  forfeit  and  pay  the  sum  of  twenty 
dollars  for  every  such  refusal  or  neglect,  and  the  further  sum 
of  twenty  dollars  for  every  hour  thereafter  during  which  such 
disobedience  shall  continue;  and  if  any  person  on  board  such 

Penalty  upon     vcsscl  shall  Icave  it  and  come  on  shore  without  the  permission 

leaving  vessel  ...  ,,  .-, 

without  consent  of  the  Marine  Hospital  Physician,  or  his  assistant,  he  or  she 

of  hospital  phy-  I  J  J  ' 

sician.  shall  forfeit  and  pay  the  sum  of  fifty  dollars;  and  any  person 

who  shall  have  been  permitted  to  land,  and  directed  to  remain 
at  the  Marine  Hospital  until  permitted  to  go  into  the  city,  and 
shall  leave  tlie  hospital  grounds  without  the  permission  of  the 
Marine  Hospital  Physician,  or  his  assistant,  shall  forfeit  and 

Upon  going       ])ay  the  sum  of  fifty  dollars ;  and  if  any  person  shall  go  ou 

aboatd  vessel  ,  ,  i  •  i 

without  consent  board,  or  have  communication  in  any  manner  otherwise  than 

of  hospital  phy- 

sician.  \^y  spcakiug  with  the  persons  on  board  any  vessel  brought  to 

or  detained  under  the  provisions  of  this  ordinance  under  quar- 
antine, before  he  or  she  hath  obtained  permission  from  the 
Marine  Hospital  Physician,  or  his  assistant,  in  writing,  he  or 


Health.  433 

Article  XXIII. — Ordinances. 


she  sliall  forfeit  and  pay  for  every  ench  offence  the  sum  ofiwd.s.  9. 
twenty  dollars.     If  small  pox,  varioloid,  or  any  infectious  or  Duty  of  Board 
contagious  disease  shall  appear  upon  any  of  the  officers,  erew  cases  or  infec- 

"  *  r  r  ./  '  tious  di8ea.se, 

or  passengers  of  any  vessel,  at  any  of  the  wharves  of  the  city, 
or  at  anchor  in  the  basin  or  harbor,  at  any  season  of  the  year, 
and  the  fact  shall  come  to  the  knowledge  of  the  Board  of 
Health,  it  shall  be  the  duty  of  the  said  board,  or  any  one  of 
them,  to  order  said  vessel  to  the  quarantine  ground,  to  be  sub- 
ject to  the  regulations  hereinbefore  provided  for  in  respect  to 
vessels  detained  at  quarantine;  and  if  the  commander,  cap- 
tain, or  other  person  having  charge  of  such  vessel  shall  refuse  penalty  upon 

refusal  to  obey 

or  neglect  to  obey  such  order,  he  sliall  forfeit  and  pay  the  sum  orders  in  sucu 
of  one  hundred  dollars  for  such  refusal  or  neglect,  and  the 
further  sum  of  twenty  dollars  for  every  hour  thereafter  during 
which  time  such  disobedience  shall  be  persisted  in ;  and  it 
shall  be  the  duty  of  the  said  Board  of  Health,  or  any  member 
thereof,  to  notify  the  Marine  Hospital  Physician,  or  his  assist- 
ant, of  the  fact,  for  his  government  in  the  case. 

144.     The  Marine  Hospital  Physician,  or  his  assistant,  upon  ibid,  •.  10. 
visiting  any  vessel  iu  compliance  with  the  provisions  of  this  Fees  to  be  coi 

,.  .  1111  1  le<'te'l  for  visit- 

oruinance,  wliether  at  quarantme  or  elsewhere,  shall  demand  ing  vessels, 
and  receive  from  the  commander,  captain,  owner  or  consignee 
of  such  vessel,  the  following  sums  of  money,  viz :  From  any 
vessel  not  exceeding  two  hundred  tons  register  measurement, 
two  dollars  for  each  and  every  voyage,  and  for  vessels  over 
and  above  two  hundred  tons,  one  cent  a  ton  for  each  and  every 
voyage.  And  it  shall  be  the  duty  of  the  Marine  Hospital 
Physician,  or  his  assistant,  to  make  monthly  returns,  on  oath, 
of  all  money  collected  by  him,  and  pay  over  the  same  to  the 
Kegister  of  the  City,  without  discount  or  deduction ;  and  also 
to  return  the  number  of  vessels  boarded  by  him,  and  the  ton- 
nage of  each.  And  if  any  commander,  captain,  owner  or  con- 
signee of  such  vessel  shall  refuse  or  neglect  to  pay  the  sum 
authorized  to  be  demanded  of  him  by  this  ordinance,  it  shall 


434  Health. 

Article  XXIII. — Ordinances. 


Penalty  upon     be  the  dutv  of  the  Marine  Hospital  Physician,  or  his  assistant, 

refusal  to  pay  ,  .  , 

same.  to  issue  and  deliver,  or  cause  to  be  delivered,  to  said  commander, 

captain,  owner  or  consignee,  a  written  order  forbidding  the  land- 
ing of  any  part  of  the  cargo  of  such  vessel  until  the  demand  is 
paid  ;  and  if  any  person,  so  notified,  shall  disobey  such  order,  he 
or  she  shall  forfeit  and  pay  the  sum  of  twenty  dollars,  and  the 
further  sura  of  twenty  dollars  for  every  hour  thereafter  during 
which  such  disobedience  shall  continue. 

No.  17,  s.  n,  R.      145.     In  consideration  of  the  duties  to  be  performed   as 

O.;  No.  43,  June 

17,  w;  No.  62,  Marine  Hospital  Physician,  and  in  order  to  secure  the  best 
saiaryofhospi- professional  services,  said  officer  shall  hereafter   receive,  in 

tal  physician.       •,.  -,  .    .  i  i  <• 

lieu  of  all  commissions  or  perquisites,  a  salary  at  the  rate  oi 
three  thousand  dollars  per  annum,  payable  monthly ;  and  may 
occupy  the  dwelling  on  the  hospital  grounds,  free  of  charge ; 
but  all  expenses  incurred  for  his  support,  or  that  of  his  family, 
shall  be  defrayed  out  of  his  salary. 

No.  17, 8. 12,  R.      146.     The  Marine  Hospital  Physician,  with  the  consent  and 

O.;  No.  68,  May  '^ 

30,  '66-  No.  57,  approbation  of  the  Board  of  Health,  shall  be  authorized,  and 
Boatmen,  &c.,  to  he  is  hereby  empowered  to  employ  such  persons  as  maybe 
required  for  boatmen,  (whose  wages  shall  be  at  the  rate  of 
sixty  dollars  per  month,)  farm  hands  or  nurses,  at  such  prices 
as  may  be  agreed  on  by  them  ;  such  person  or  persons  to  be 
discharged  as  soon  as  their  services  are  not  needed. 

No.  17,  s.  13,  R.      147.     The  Marine  Hospital  Physician  shall  be  authorized, 
Charges  to  be    and  he  is  hereby  directed  and   empowered  to  charge   each 

paid  for  board,  ,  n  ^  ^  i 

&c.,  at  hospital,  patient,  over  niteen  years  oi  age,  who  may  be  sent  to  the 
Marine  Hospital,  fifty  cents  for  each  and  every  day  they  may 
continue  therein,  and  twenty-five  cents  for  each  and  every 
person  under  fifteen  years  of  age,  except  infants,  for  whom  no 

How  and  of      chargc  shall  be  made.     And  should  said  patient  or  patients, 

whom  to  be         t,,  (>mi  •  i-  -j 

collected.  liable  to  pay  such  charges,  lail  to  do  so  prior  to  leaving  said 
hospital,  then  the  master,  owner  or  consignee  of  the  ship  or 
vessel,  from  which  such  patient  was  received,  shall  be  auswer- 


Health.  435 

Article  XXIII. — Ordinances. 


able  for  said  charge,  and  it  shall  not  be  lawful  for  any  person 
commanding  or  having  charge  of  such  ship  or  vessel,  to  re- 
move such  ship  or  vessel  from  the  quarantine  grounds  before 
executing,  in  writing,  an  agreement  to  pay  to  the  Mayor  and 
City  Council  of  Baltimore,  such  sum  or  sums  as  shall  be 
chargeable  to  each  and  every  patient  sent  to  said  hospital  from 
such  ship  or  vessel. 

148.  Said  Marine  Hospital  Physician,  through  the  Board  ibia,  s.  m. 

of  Health,  and  with  the  approbation  of  the  Mayor,  may  ob-  Hospital  physi- 

,  i>/>i  /»ii'ij  *^'*'*  ^°  obtain 

tain  the  necessary  supplies  tor  tlie  support  oi  the  hospital,  and  supplies. 
for  carrying  out  the  provisions  of  this  ordinance,  and  all  bills 
for  these  purposes  must  be  contracted  by  the  Board  of  Health  ; 
and  said  physician  may,  with  the  approbation  of  the  Mayor,  xo  draw  on  th« 
draw  on  the  Kegister  for  such  sum  or  sums  as  may  be  required    ^^^  *'' 
for  the  purposes  aforesaid ;  provided,  the  same  shall  not  ex-  ptovIm. 
ceed  the  amount  deposited  by  him  with  the  Register  in  the 
current  year. 

149.  Whenever  the  Marine  Hospital  Physician,  or  his  as-  iwd.s.  is. 
sistant,  shall  find  it  necessary  to  order  the  goods,  baggage  or  Goods,  &c.,  to 

I      J  1  ■  /»  111-  1    i>        ii  /•  be  disinfected. 

bedding  irora  on  board  a  ship  or  vessel  tor  the  purpose  oi 
cleansing  or  disinfecting  the  same,  he  shall  take  care  to  have 
them  kept  safe  from  injury  or  depredation,  and  cause  them, 
when  disinfected,  to  be  returned  to  the  ship  or  vessel  from  to  be  returned 
which  they  were  taken,  before  such  ship  or  vessel  shall  leave 
the  quarantine  ground,  unless  the  owner  or  owners  thereof  be 
detained  at  the  hospital,  in  which  case  the  same  shall  be  de- 
livered to  the  respective  owner  or  owners  thereof,  when  they 
shall  be  discharged  from  the  hospital ;  the  captain,  owner  or  Expense  to  be 
consignee  shall  be  answerable  for  all  expenses  incurred  in 
carrying  out  the  provisions  of  this  section. 

150.  It  shall  be  the  duty  of  the  Marine  Hospital  Physician,  ibid.s.  lo. 
or  his  assistant,  to  carefully  inspect  the  condition  of  all  pas- condition  of 

.     ,  passengers  to 

seugers,  and  passenger  ships  or  vessels  arriving  at  this  port  be  examined, 
from  any  foreign  country ;  and  whenever,  in  their  opinion,  the 


436  Health. 

Article  XXIII.— Ordinances. 


health  of  the  city  maybe  endangered,  whether  from  the  actual 
presence  of  disease,  or  from  an  unclean  condition  of  the  ship 
or  passengers,  to  require  such  ship  or  vessel  to  come  to  anchor 
at  the  quarantine  ground,  and  there  remain  until  all  the  pas- 
sengers have  been  removed,  and  the  ship  or  vessel  thoroughly 
cleansed  and  purified ;  all  expenses  of  purification  and  re- 
moval, and  all  other  expenses  incurred  by  the  Marine  Hospital 
Physician,  or  his  assistant,  to  prevent  the  introduction  or  pro- 
pagation of  contagious  or  infectious  diseases,  to  be  paid  by  the 
master,  owner  or  consignee  of  the  ship  or  vessel  for  which  the 
expense  was  incurred. 

Ibid, s.  17.  151.     The  Marine  Hospital  Physician,  or  his  assistant,  may 

Passengers  and  wlicu  either  of  them  deem  it  necessary,  to  prevent  the  propa- 
cinrted.  '^  gating  of  Small  pox  or  varioloid  disease  among  the  crew  and 
passengers  of  a  ship  or  vessel  detained  at  the  quarantine 
ground,  vaccinate  any  one  or  more  of  said  crew  and  passen- 
gers, and  may  charge  twenty-five  cents  a  person  for  per- 
forming said  duty,  and  in  case  one  or  more  persons  on  board 
a  ship  or  vessel  whom  it  would  not  be  necessary  to  send  to 
the  hospital,  but  who  may  desire  the  attendance  of  the  Marine 
Hospital  Physician,  or  his  assistant,  during  any  part  of  the 
time  said  ship  or  vessel  may  remain  at  the  quarantine  ground, 
shall  charge  fifty  cents  per  day  for  each  and  every  person  he 
may  so  attend,  and  in  case  said  person  or  persons  shall  fail 
to  pay  said  charges,  then  the  ship  or  vessel,  the  master,  the 
owner  or  consignee  of  the  ship  or  vessel  shall  be  answerable 
All  moneys  to  be  for  the  chargcs  herein  provided  to  be  made  ;  the  money,  when 
paw  to  Regis-  ^.^Hgg^g^j^  ^^  ^^g  p^jd  to  the  City  Register,  to  be  placed  by  him 
to  the  credit  of  the  Marine  Hospital. 

Ibid,  s.  18.  152.     Whenever  the  harbor-masters,  or  any  one  of  them. 

Duty  of  harbor  shall  licar  or  know  of  any  violation  of  any  of  tlie  provisions  of 
^ort'trBoard'of  this  Ordinance,  it  shall  be  his  or  their  duty  to  report  said  vio- 
lation to  the  Board  of  Health,  who  shall  promptly  enforce  the 
penalties  of  this  ordinance ;  and  all  money  so  collected  shall 


Health.  437 

Article  XXITT. — Ordinances. 


be  paid  to  the  City  Register,  who  shall  place  the  same  to  the    • 
credit  of  the  Marine  Hospital. 

153.  The  Mayor  of  the  City,  the  presidents  of  the  two  iwd,  s.  19. 
Branches  of  the  City  Council,  the  president  of  the  German  visiting  com- 

o       •  •  ...  .    mittee. 

Society,  the  president  of  the  Hibernian  Society,  and  the  presi- 
dent of  the  St.  Andrew's  Society,  are  a  committee,  ex-officio, 
and  are  hereby  empowered  to  visit  said  hospital,  once  during  DuUea. 
each  mouth,  or  oftener,  if  necessary,  and  to  examine  the  con- 
dition of  the  patients,  their  food,  bedding,  clothing,  cleanli- 
ness and  ventilation  of  the  apartments,  as  well  as  into  all 
other  things  connected  with  the  general  or  medical  manage- 
ment of  the  institution ;  and  said  committee,  through  the 
Mayor  only,  may  make  such  suggestions  to,  or  requisitions 
upon,  the  Board  of  Health,  as  may  be  deemed  expedient  or 
necessary  in  relation  to  the  food,  bedding,  or  other  suitable 
supplies  for  the  comfort  of  said  patients,  with  a  due  consid- 
eration at  the  same  time  of  an  economical  expenditure  of  such 
moneys  as  from  time  to  time  may  be  appropriated  for  the  use 
of  the  said  hospital.  , 

154.  The  officers,  respectively,  of  the   aforesaid   visiting  iwd.s.  90. 
committee,  shall  be  honorary,  and  without  pecuniary  remun- committee  to  be 

.  carried    to    and 

oration  ;  provided,  however,  that  the  Board  of  Health  is  here-  from  hospital, 
by  authorized  to  supply,  at  all  necessary  times,  suitable  con-  proviso, 
veyance  for  said  committee,  to  and  from  said  hospital,  the 
vouchers  for  the  expense  of  which  conveyance  shall  be  allowed 
in  the  annual  statement  of  said  board,  properly  charged  to 
the  account  of  the  said  hospital. 

Note.— Decision  by  Brown,  C.  J.,  in  City  Court,  Dec,  1873. 

Frederick  Myers  v.  tlie  Mayor  and  (Jity  Council  of  Baltimore :  This  case 
comes  before  me  on  an  appeal  from  Justice  Hemmick,  who  gave  judgment 
against  the  City  for  $35,  debt  and  costs.  The  claim  of  the  plaintiff  is  for 
his  clothing  destroyed  by  order  of  Dr.  Conrad,  Physician  of  the  Marine 
Hospital  of  the  city,  and  this  case,  together  with  fourteen  other  cases  of  a 
similar  description,  is  submitted  to  the  decision  of  this  court,  both  on  the 
law  and  the  facts.    The  question  presented  is  one  of  much  interest  and  im- 


438  Health. 

Article  XXIII. — Ordinances. 


portance.  The  plaintiff  was  a  seaman  on  board  the  David  Stewart,  which 
arrived  at  this  port  on  a  voyage  from  Rio,  in  July  last.  When  the  vessel  left 
Rio  yellow  fever  prevailed  there.  One  of  the  crew  was  taken  ill  with  the 
fever  shortly  before  she  sailed,  and  the  captain  soon  afterwards.  Five  others 
of  the  crew  were  attacked  by  the  same  disease  on  the  voyage,  but  all  re- 
covered except  the  captain,  who  died  at  sea,  and  his  body  was  brought  here 
in  the  hold  of  the  ship.  On  her  arrival  the  Marine  Physician  ordered 
her  into  quarantine.  The  clothing  of  the  crew  was  burned  after  having 
been  appraised  by  the  physician,  with  the  assistance  of  the  owners. 
This  was  done,  as  Dr.  Conrad  testified,  by  his  order,  with  the  concur- 
rence of  the  Board  of  Health,  because  it  was  considered  necessary  to 
prevent  the  spread  of  the  disease  into  the  city.  Some  evidence  was 
given  by  Dr.  Conrad,  not,  however,  from  his  own  knowledge,  that  in 
1839  yellow  fever  had  been  introduced  into  the  city  from  a  chest  of  clothing 
brought  here  from  Rio.  He  testified  that  the  germ  tlieory  of  contagious  dis- 
eases is  now  generally  accepted  by  the  medical  profession ;  that  is,  that  liv- 
ing germs  proceeding  from  diseased  bodies  lodge  in  the  clothing,  on  furni- 
ture, and  other  objects  with  which  the  patient  comes  in  contact,  and  are 
carried  by  the  air  to  other  places  and  persons,  and  may  produce  in  other 
persons  on  whom  they  fasten  the  same  disease  with  which  the  patient  is 
infected.  He  further  testified  that  these  germs  cannot  be  destroyed  by  boil- 
ing, or  by  heat  even  to  the  amount  of  800°  or  900°  Fahrenheit,  without 
actual  flame,  and  for  this  opinion  he  relied  exclusively  on  certain  experi- 
ments made  by  Professor  Tyndall,  and  mentioned  in  a  paper  on  Dust  and 
Disease  contained  in  his  Fragments  of  Science,  published  in  1871.  The 
experiments  were  made  in  one  of  the  rooms  of  the  Royal  Institution,  Lon- 
don, in  the  air  of  which  there  were  floating  visible  particles  of  matter  of 
organic  origin,  but  it  did  not  appear  that  among  them  were  any  germs  of 
disease.  Dr.  Conrad  testified  that  he  had  no  faith  in  the  efficacy  of  any 
disenfectants,  although  he  would  have  tried  them  on  the  clothing  if  he  had 
a  fumigating  house  for  the  purpose. 

Dr.  Wilhelm  testified  that  he  had  known  small-pox  to  be  communicated 
by  infected  clothing  after  it  had  been  boiled  for  several  hours. 

It  was  contended  on  the  part  of  the  city,  first :  That  the  Marine  Physician 
had,  under  the  ordinance,  authority  to  burn  the  clothing,  and  that  being 
infected, it  was  wholly  worthless  and  without  value;  and  second:  That  if 
this  is  not  the  case,  he  had  authority  to  burn  the  clothing  under  the  same 
law  of  necessity  which  would  authorize  pulling  down  a  house  to  arrest  a 
conflagration,  or  destroying  a  mad  dog  to  prevent  the  spread  of  hydrophobia. 

A  careful  examination  of  the  ordinances  has  satisfied  me  that  they  do  not 
authorize  destruction  of  property  to  prevent  contagion,  except  in  the  case 
of  small-pox,  which  was  for  the  time  being  provided  for  by  a  resolution  of 
the  Mayor  and  City  Council,  approved  on  the  27th  of  January,  1873, 
[No.  68,]  which  required  the  bed,  clothing  and  furniture  of  the  room  of  a 
small-pox  patient  to  be  destroyed,  and  compensation  to  be  made  therefor. 


Health.  439 

Article  XXIII. — Ordinances. 


In  all  other  cases,  the  clothing,  property  and  vessels  infected  with  con- 
tagion, are,  in  express  terms,  required  to  be  dmnfected,  but  neither  in  express 
terms  nor  by  implication  is  their  destruction  authorized.  If  the  Marine 
Physician  has,  under  the  ordinances,  the  right  to  destroy  infected  clothing, 
there  is  no  reason  why  he  could  not  have  the  same  right  to  destoy  the  cargo, 
and  the  vessel  itself,  if  he  thought  that  there  was  no  efficient  method  of  dis- 
infecting them.  Nor  can  the  authority  of  the  Marine  Physician  be  sustained 
on  the  ground  of  necessity.  It  would  require  very  different  and  much 
stronger  proof  than  the  experiments  referred  to,  to  establish  the  proposition 
that  the  ship  and  cargo,  or  even  wearing  apparel  infected  with  the  germs  of 
yellow  fever  may  be  destroyed  by  the  same  right  by  which  a  mad  dog  may 
be  killed.  Vessels  from  places  where  yellow  fever  prevailed  having  on  board 
persons  suffering  from  the  disease  itself,  have  very  often  arrived  at  this  port, 
and  after  a  brief  quarantine  the  crews  and  passengers,  with  their  clothing, 
have  been  permitted  to  land,  and  yet,  with  the  exception  of  a  few  rare  cases, 
the  disease  has  for  many  years  hardly  been  known  among  us.  The  danger 
of  the  contagion  of  yellow  fever  in  this  latitude,  at  least,  does  not  exist  to 
the  extent  supposed  by  the  counsel  for  the  city. 

Commodore  Hollins  testified  that  he  had  been  in  the  navy  for  more  than 
fifty  years ;  that  he  had  had  yellow  fever  on  shipboard  fifteen  or  twenty 
times ;  that  it  was  the  custom  for  the  clothing  of  sailors  who  have  died  on 
shipboard  to  be  sold  by  auction  among  the  crew,  but  that  the  disease  always 
diminished  as  tlie  vessel  approached  no;"thern  latitudes,  and  that  if  she  re- 
turned to  an  infected  port  it  would  break  out  again.  It  is  worthy  of  note 
also  that  the  opinion  that  the  germs  of  contagious  diseases  cannot  be  de- 
stroyed by  a  degree  of  heat  much  less  than  that  stated  by  Dr.  Conrad,  is  not 
implicitly  received  by  scientific  men,  but  is  strongly  controverted  on  evi- 
dence furnished  by  more  recent  exjjeriments.  Nor  is  it  an  established  fact 
in  science  that  the  germs  cannot  be  destroyed  by  disinfectants,  but  the  con- 
trary doctrine  is  still  maintained  and  believed. 

It  did  not  appear  from  the  evidence  that  the  destruction  of  clothing  in- 
fected with  yellow  fever  has  been  practised  in  any  port  except  Charleston. 
Evidence  was  given  of  one  or  two  cases  where  it  had  been  burned  in  Boston. 
The  burning  of  the  clothing  of  the  plaintifl"  cannot,  therefore,  be  justified 
on  the  ground  of  necessity. 

In  reference  to  the  value  of  the  clothing  destroyed,  it  is  sufficient  to  say 
that  although  clothing  so  infected  could  not  be  said  to  have  a  market  value 
while  it  remained  in  that  condition,  yet,  that  even  in  that  condition,  it  had 
a  substantial  value  to  its  owners,  who  had  no  longer  anything  to  dread  from 
contagion. 

But  the  question  still  remains  whether  the  city  is  liable  in  damages  for 
the  unauthorized  acts  of  its  officers.  This  question  is  conclusively  settled  in 
the  negative  by  the  case  of  Horn  v.  t/ie  Mayor  and  City  Council  of  Baliimore, 
30  Md.  218.  The  Mayor  and  City  Council  had  illegally  undertaken  to  grade 
North  avenue,  and  in  so  doing  had  injured  the  lot  of  Horn,  who  brought 


440  Health. 

Article  XXIII. — Ordinances. 


suit  to  recover  from  tlic  city  tlie  damages  sustained.  The  Court  of  Appeals 
held  that  the  Mayor  and  City  Council  are  the  agents  and  representatives  of 
the  inhabitants  of  the  city,  who  are  the  corporators,  and  as  such  are  en- 
trusted with  certain  powers  which  are  specially  defined  and  limited,  and 
can  be  exercised  by  them  in  the  manner  and  form  only  prescribed  by  law, 
•  that  whenever  they  transcend  their  powers,  their  acts,  although  done  colore 
officii,  and  upon  pretence  of  law,  are  no  more  binding  upon  the  corporators 
than  the  acts  of  an  agent  in  any  other  case  can  bind  his  principal  when  done 
beyond  the  scope  of  the  authority  conferred.    See  note,  p.  8,  ante. 

As  the  acts  of  the  Mayor  and  City  Council  are  thus  void,  and  not  binding 
wlicn  they  transcend  their  powers,  it  certainly  follows  that  the  acts  of  the 
Marine  Physician  in  this  case  are  not  binding  on  the  city,  because  they 
exceed  the  powers  conferred  on  him,  and  the  concurrence  of  the  Board 
of  Health  can  give  no  validity  to  them,  because  they  are  equally 
beyond  the  scope  of  the  powers  conferred  on  that  department.  This 
is  not,  as  was  contended  by  the  plaintiff,  a  case  of  taking  private  prop- 
erty for  public  use,  which  he  rightly  insisted  cannot  be  done  without  just 
compensation.  The  property  was  not  taken  by  the  city  for  public  use,  but 
was  destroyed  by  an  officer  of  the  city  under  a  mistaken  idea  of  his  right 
and  official  duty,  and  for  such  an  act,  the  city,  as  I  have  shown,  is  not 
responsible. 

The  counsel  for  the  plaintiff  gave  in  evidence  a  communication  from  the 
Marine  Physician  to  the  Mayor  and  City  Council,  dated  May  23,  1873,  in 
which  he  comments  on  the  "inadequacy"  of  the  "Marine  Hospital," 
and  on  the  fact  of  "no  buildings  or  suitable  place  being  furnished 
necessary  to  the  proper  care  of  cargoes,  nor  for  their  disinfection  ;"•  and  he 
adds,  "  I  have  been  compelled  to  burn  infected  clothing  from  two  vessels  in 
the  present  month,  in  consequence  of  the  want  of  a  building  in  which  to 
fumigate  and  to  protect  the  city  from  yellow  fever."  It  is  due  to  Dr.  Con- 
rad to  add  that  he  stated  in  his  evidence  that  his  opinion  of  the  inadequacy  of 
disinfectants  had  been  reformed  since  the  date  of  his  communication. 

The  counsel  for  the  plaintiff  contends  that  the  default  of  the  city  in  not 
providing  the  necessary  means  to  disinfect  clothing,  which  it  was  its  duty  to 
do,  rendered  it  necessary  to  destroy  it,  and  that  the  city  is  therefore  liable. 

The  obvious  reply  to  this  is  that  it  nowhere  appears,  except  in  the  letter 
of  Dr.  Conrad,  that  a  separate  building  is  absolutely  necessary  for  the  disin- 
fection of  clothing,  and  even  if  it  were,  he  is,  by  the  ordinance  (p.  431, 
ante,) "  authorized  and  required  to  keep  all  such  articles  as  he  may  deem 
necessary  to  subject  to  the  disinfecting  process  aforesaid  under  his  own  care 
and  supervision  until  such  purpose  be  accomplished." 

He  is  required  to  keep  the  articles,  not  to  destroy  them.  I  certainly  cannot 
find  in  this  provision  any  such  neglect  of  a  clear  duty  on  the  part  of  the 
Mayor  and  City  Council  as  rendered  the  destruction  of  the  clothing  neces- 
sary, or  made  the  city  liable  for  it.  ^ 


Health.  44:1 

Article  XXIII. — Ordinances. 


A  case  in  Maine,  on  a  question  somewhat  similar,  which  was  for  a  long 
time  strenuously  contested,  sheds  so  much  light  on  this  that  it  should  be 
noticed.  A  vessel  arrived  at  ll(jckland,  in  that  State,  with  the  small-pox  on 
board.  There  being  no  suitable  hospital,  the  health  officers  of  the  town, 
with  the  consent  of  the  owners,  took  possession  of  the  vessel,  for  the  purpose 
ui'  nursing  one  of  tlie  crew  who  was  ill  with  the  disease,  and  who  remained 
on  board.  While  in  their  custody  the  vessel  took  fire  accidentally,  and  was 
destroyed.  The  owners  sued  the  town  for  negligence.  The  law  of  the  State 
required  vessels  U)  perform  quarantine  at  such  place  and  under  such  regnla- 
iium  a»  Vie  Hdectiiicn  might  deem  expedient.  The  Supreme  Court  of  Maine 
held  that  this  did  not  authorize  the  health  officers  t<j  convert  the  vessel  into 
a  hospital ;  that  neitlicr  the  relation  of  master  and  servant,  nor  of  principal 
and  agent,  exists  between  a  U^wn  and  its  health  or  police  officers,  and  that 
the  town  was  not  liable  for  their  unlawful  or  negligent  acts.  Mitchell  v. 
Rockkuut,  52  Maine,  118.  Judgment  for  the  Mayor  and  City  Council  of  Bal- 
timore. 


442  Holiday  and  "War  of  1812. 


Article  XXIV. — Ordinances. 


ARTICLE  XXIV. 

HOLIDAY  AND  WAR  OF  1812. 


ORDINANCES 


1.  Twelfth  of  September. 

2.  Defenders  of  Baltimore:  annual 

appropriation. 


3.  Commissioners:  registry:  returns 

to  Mayor,  &c. 

4.  Mayor,  &c.  to  till  vacancies :  no 

compensation  to  commissioners. 


ORDINANCES  . 

No.  79,  Sept.  n,      1.     The  Twelfth  day  of  September  is  hereby  recognized 

'66. 

Twelfth  of  Sep- and  declared  to  be  a  municipal  holiday,  and  upon  its  annual 

tember.  ..,, 

recurrence  the  municipal  departments  shall  be  closed,  and 
the  business  of  the  corporation  suspended,  as  a  mark  of  re- 
spect for  the  day. 

No.  63,  Api.  24,      2.     The  Register  is  hereby  authorized  and  directed  to  pay 
Annual  appro-  annually  to  the  treasurer  of  the  Association  of  Defenders  of 

priation  to  Asso-  y-,,.  /-w-i  n-i 

elation  of  De-    Baltimore  City  in  the  war  of  eighteen  hundred  and  twelve, 

fenders  of  Bal-  •'  &  ' 

timorecity.       ^jjg  ^^^j^  Qf  three  hundred  dollars,  said  sum  to  be  by  them 
How  to  be  ex-  expended  in  payment  of  the  expenses  of  the  celebration,  in 
any  manner  they  may  see  fit,  of  the  anniversary  of  the  bat- 
tle of  North  Point. 

No.  33, s. -3, May  3.  Thcrc  sliall  be  annually  appointed,  as  other  city 
uommissioners.  officcrs  are  a{)j)ointed,  three  citizens  to  act  as  a  Board  of 
Commissioners,  whose  duty  it  shall  be  to  determine  who  are 
entitled  to  such  pension  or  sum  set  apart  by  the  in  to  meet 
the  necessities  of  each  case,  and  give  to  such  as  are  entitled 
an  order  on  the  City  Register  for  the  same.     It  shall  also  be 


Holiday  and  Wae  of  1812.  443 

Article  XXIV. — Ordinances. 

the  duty  of  the  commissioners  to  keep  a  registry  of  all  such  Registry. 

sokliers  and  widows,  their  residences,  the  character  of  their 

conditions,  and  the  amount  of  money  appropriated  to  their 

use,  which  sum  shall  not  exceed  one  hundred  dollars  per 

annum  ;  such  registry  and  statement  to  be  presented  to  the  Returns  to  May- 

-r-»         •  .  •  •  *"^'  '''• 

Mayor,  Comptroller  and  Register,  for  inspection  quarterly, 
and  the  same  shall  be  submitted  to  the  Council  when  in  ses- 
sion. 

4.     When  a  vacancy  occurs  in  the  Board  of  Commission- iwd,  s.  s 
ers  during  a  recess  of  the  Council,  by  death,  resignation  or  Mayor, &c, to 

fill  vacancy. 

otherwise,   the   Mayor,  Comptroller   and   Register,  or   any 

two  of  thum,  shall  have  power  to  fill  such  vacancy.     The 

commissioners  are  to  receive  no  compensation  for  their  ser- No  compensa- 
tion to  commis- 

vices,  but  they  shall  be  allowed  by  the  Comptroller  for  sta-  ssoners. 
tionery  and  other  expenses,  such  as  may  be  indispensably 
necessary  for  the  actual  business  under  their  charge.* 

*Ord.  No.  6,  Feb.  10,  '65,  enacted  that  for  every  year  during  their  lives, 
the  persons  therein  named,  widows  of  soldiers  of  the  war  of  1813,  were 
allowed  the  sum  of  one  hundred  dollars  each,  to  be  paid  by  the  City  Regis- 
ter, on  the  order  of  the  commissioners  appointed  by  the  Mayor  and  City 
Council.  The  acts  of  1870,  c.  477 ;  1872,  c.  309 ;  1874,  c.  305,  c.  351  and  415, 
and  1876,  c.  320,  granting  pensions  to  soldiers  of  war  of  1812  and  their 
widows,  are  repealed  by  act  of  1878,  c.  350. 


444 


Hospitals. 


Article  XXV. 


ARTICLE  XXV. 

HOSPITALS. 


STATUTES. 


1.    Houses  of  Correction :  hospitals 
or  pest-h(mses. 


MARYLAND   HOSPITAL. 

3.    Pauper  lunatics. 
3.    Quota  from  city. 


ORDINANCES. 


1.  Insane  asylums  not  to  be  erected 

within  limits  of  direct  taxation. 

2.  Buildings  already  erected. 

3.  Penalty. 

4.  When  lawful  to  establish  hos- 

pital for  sick  within  limits  of 
direct  taxation :  proviso :  pub- 
lic notice  to  be  given. 

5.  Penalty  for  violating  foregoing 

section :  notice  from  Mayor  or 
Board  of  Health. 

MARYLAND    HOSPITAL    AND     INSANE 

ASYLUMS. 

6.  When  indigent   lunatics  to  be 

sent  from  Bayview  Asylum  to 
Maryland  Hospital :  proviso. 

7.  Permit  to  send  indigent  insane 

citizen  to  Maryland  Hospital 
or  other  insane  asylum  in  State: 
liability  of  Mayor  and  City 
Council :  renewal  of  permit. 

8.  Treatment :  list  of  persons  sent : 

report  to  Mayor  and  City  Coun- 
cil. 

9.  Disposition  of  the  dead :  when 

buried  by  hospital. 


10.  Compensation  to  hospital. 

HOSPITALS  OF  WASHINGTON  UNIVER- 
SITY AND  UNIVERSITY  OF  MARY- 
LAND  AND  DISPENSARIES. 

11.  What  indigent  sick,  &c.,  to  be 

taken  or  sent  to  hospitals  of 
Washington  University  or  Uni- 
versity of  Maryland :  proviso. 

12.  Duties  of  professors,  physicians 

and  surgeons :  lists  of  persons 
sent  to  hospitals:  report  to 
trustees  of  poor. 

13.  Disposition  of  the  dead :  when 

delivered  to  Health  Commis- 
sioner. 

14.  Payment  by  Register  of  account 

approved  by  president  of  board 
of  trustees  of  poor. 

15.  Visitors  of  universities. 

16.  When  universities  excluded  from 

benefit  of  this  ordinance. 

17.  Medicines  from  dispensaries  to 

indigent  sick:  provisos: 
amounts  in  excess  of  appro- 
priations. 


t 

Hospitals.  445 


Article  XXV.— Statutes. 


STATUTES . 

1.  The  Mayor  and  City  Council  may  erect  or  establish  p.  l.  l.,  »rt.  4, 
houses  of  correction,  hospitals  or  pest  houses,  within  or  House,  of cor- 

'■  *  rection,  huspi- 

without  the  city,  if  necessary,  and  pass  all  ordinances  for  Ji'^«'P^'*'»'°"^«« 
the  government  of  the  same. 

MARYLAND  HOSPITAL  FOR  THE  INSANE.* 

2.  The  board  of  managers  shall  provide  accommodation  i876,c.  ssi.s.  9. 
for  at  least  two  hundred  and  fifty  pauper  lunatics  of  this  Pauper  lunatics. 
State,  who  may  be  sent  to  the  Maryland  Hospital  for  the 

Insane,  for  curative  treatment,  which  number  shall  be  from 

*  The  Maryland  Hospital  was  removed  from  Baltimore  City  to  Spring 
Grove,  in  Baltimore  County,  and  built  and  established  on  its  present  site  by 
the  authority  and  direction  of  the  State  under  the  acts  of  1870,  c.  208 ;  1872,  c 
236 ;  1876,  c.  263,  and  1878,  c.  341.  By  the  latter  act  the  Board  of  Managers 
of  the  Maryland  Hospital  for  the  Insane,  as  such  corporation,  is  declared  to 
be  a  public  agency  of  this  State  for  the  administration  of  one  of  tlie  char- 
ities thereof;  and  the  hospital  aforesaid,  located  as  aforesaid,  is  declared  to 
be  one  of  the  means  adopted  by  this  State  for  the  administration  of  one  of 
its  public  charities. 

The  Maryland  Hospital  agreed  with  F.,  in  consideration  of  $1,200,  to 
support  his  sister,  then  a  lunatic  patient  in  the  institution,  for  the  remainder 
of  her  life.  The  money  was  paid.  F.  also  fully  paid  for  the  support  of  his 
sister  to  July  1,  1863,  and  the  sum  paid  in  commutation  relieved  him  from 
that  date  from  any  further  charge  in  the  future  for  her  support.  The  lunatic 
died  August  12, 1864.  Subsequently  F.  sued  the  hospital  to  recover  back 
the  sum  he  had  paid  under  the  contract,  less  the  necessary  expenses  incurred 
in  the  support  of  his  sister  from  July  1,  1863,  to  August  12,  1864.  Held :  1. 
That  the  hospital  had  no  power  under  its  charter  to  make  this  contract  with 
F. :  it  was  nltra  vires,  not  binding  on  the  corporation,  and  could  not  have 
been  enforced  in  favor  of  F.  2.  That  the  contract  was  neither  malum  in  se 
nor  malum  prohibitum,  and  the  parties  to  it  were  not  in  pari  delicto  and  F. 
was  entitled  to  recover  the  sum  paid  by  him,  less  the  amount  properly 
chargeable  as  a  fair  and  reasonable  allowance  for  the  care  and  keeping  of 
his  sister  during  the  period  which  intervened  between  June  30,  1863,  and 
August  12,  1864.  Corporations  are  limited  to  the  exercise  of  such  powers 
as  are  expressly  granted  by  law,  and  such  as  are  necessary  and  usual  in  the 
course  of  their  business,  to  enable  them  to  attain  the  purposes  of  their  crea- 
tion.    Maryland  Hospital  v.  Foreman,  29  Md.  524. 


446  Hospitals. 

Article  XXV. — Ordinances. 


time  to  time  apportioned  by  them  among  the  several  counties, 
and  the  city  of  Baltimore,  according  to  their  respective 
populations,  as  ascertained  by  the  last  preceding  census. 

Ibid,  8. 11.  3.     The  judges  of  the  Circuit  Court  of  the  several  counties, 

Quota  from  city,  and  the  Criminal  Court  of  Baltimore,  in  accordance 
with  the  provisions  of  the  Code,  are  hereby  authorized  to 
send  from  time  to  time  to  the  said  hospital,  pauper  lunatics 
of  this  State,  to  the  number  to  which  the  respective  counties 
and  city  of  Baltimore  shall  respectively  be  entitled  under 
the  aforegoing  section. 

ORDINANCES. 

No.7B,s.i,June  1.  It  shall  uot  bc  lawful  for  any  person  or  persons  to 
Insane  asylums  crcct  Or  build,  Or  causc  to  be  erected  or  built,  any  lunatic  or 

not  to  be  erected  ,  •.i-.tt-  n    t 

within  limits  of  insane  asylum  within  the  limits  oi  direct  taxation. 

direct  taxation. 

Ibid,  s.  2.  2.     No  building  already  erected,  within  the  limits  of  direct 

Buildings  ai-  taxatiou,  shall  be  used  as  an  insane  asylum,  or  for  the  pur- 
ready  erected.  f,  .    .         . 

pose  01  containing  insane  persons. 

Ibid,  8.3.  3'     Any  person  or  persons  offending  against  the  provis- 

penaity.  ^^^^  ^f  the  two  prcccdiug  sections  shall  forfeit  and  pay  the 

sum  of  one  hundred  dollars  for  every  such  offence,  and  the 

further  sum  of  one  hundred  dollars  a  day  for  every  day  they 

shall  permit  any  building  to  be  used  for  such  purpose. 

No. .%  Feb.  21,  4.  It  shall  not  be  lawful  to  establish  any  hospital  for  the 
When  lawful  to  sick,  within  the  limits  of  direct  taxation,  unless  by  and  with 
taiforskk'wiFh-  the  asscut  of  the  Mayor  and  City  Council  of  Baltimore ; 

in  limits  of  di-  •  t     i       -i  -i      n  -i  ini  •  it 

rect taxatioB.     providcd,  that  bcforc  such  assent  shall  be  given,  public  notice 

Proviso.  shall  be  given  of  an  intention  to  apply  to  the  City  Council 

for  such  grant,  which  public  notice  shall  be  given  at  least 


Hospitals.  447 

Article  XXV. — Ordinances. 


thirty  days  before  the  City  Council  shall  act  upon  the  appli-  PubHc  notice  to 

be  given. 

cation,  and  published  at  least  once  a  week  for  four  weeks  in 
not  less  than  two  of  the  daily  newspapers  of  the  city.* 


5.  If  any  hospital  for  the  sick,  as  aforesaid,  shall  be  es-  iwa, s. 2. 
tablished  in  violation  of  the  foregoing  section,  the  party  or  Penalty  f( 
parties  so  establishing  the  same  or  who  may  be  conducting  ingsectioi 
it  shall  be  fined  the  sum  of  fifty  dollars  for  each  and  every 

*JoiiN8  Hopkins  Hospital.— Tlie  Act  of  1872,  c.  343,  enacts : 
Tiiat  the  ordinance  [No  114]  of  the  City  Council  of  Baltimore,  approved 
on  the  twenty-fourth  day  of  June,  eighteen  liundred  and  seventy-one,  en- 
titled "  An  ordinance  to  condemn  and  close  McElderry  street,  between  Reg- 
ister and  Wolfe  streets,  and  Ann  street,  between  Jefferson  and  Monument 
streets,  and  all  streets,  lanes  or  alleys  comprised  within  the  whole  grounds, 
bounded  on  the  north  by  Monument  street,  on  the  south  by  Jefferson  street, 
on  the  east  by  Wolfe  street,  and  on  the  west  by  Register  street,"  is  hereby 
approved  and  confirmed,  and  the  said  streets  closed  by  said  ordinance  shall 
remain  closed  so  long  as  the  property  included  in  the  said  bounds  shall  be 
used  for  the  purpose  of  a  hospital. 

The  Act  of  1864,  c.  291,  enacts  that : 

The  Johns  Hopkins  Hospital,  a  corporation  incorporated  by  certificate 
duly  recorded  in  the  office  of  the  clerk  of  the  Superior  Court  of  Baltimore 
City,  is  in  accordance  with  the  wishes  of  the  late  Johns  Hopkins,  of  Balti- 
more county,  deceased,  duly  expressed  in  his  last  will  and  testament  and  in 
his  letter  to  the  trustees  of  said  hospital,  hereby  authorized  to  purchase  and 
hold  such  tract  or  tracts  of  land  in  this  State,  as  it  may  require  for  the  build- 
ing of  a  house  or  houses  for  the  reception  and  care  of  convalescent  patients 
from  the  said  hospital,  and  to  purchase  and  hold  such  tract  or  tracts  of  land, 
as  it  may  require  lor  the  building  of  a  house  or  houses  for  the  reception, 
education  and  care  of  orphaned  colored  children,  not  exceeding  for  both  of 
the  said  particular  purposes  three  hundred  acres  of  land,  and  to  erect  on 
the  same  all  buildings  necessary  for  the  said  purposes,  and  to  govern  the  said 
respective  establishments  in  such  manner  that  the  true  intent  of  the  founder 
of  said  hospital  may  be  carried  into  full  effect. 

By  resolution  No.  23,  Jan.  27,  1874,  the  Commissioners  of  Finance  were 
authorized  and  requested  to  act  as  a  committee,  to  contract  and  make  the 
necessary  arrangements  for  a  monumental  statue  of  the  late  Johns  Hopkins, 
with  suitable  pedestal  and  inscription,  to  be  erected  in  the  public  square  on 
Broadway,  between  McElderry  and  Monument  streets,  in  view  of  the  Johns 
Hopkins  Hospital,  the  cost  of  the  same  to  be  provided  for  in  the  tax  levy,  on 
notice  of  its  near  completion. 


448  Hospitals. 

Article  XXV. — Ordinances. 


day  it  is  permitted  to  remain  as  such,  after  having  received 
Notice  from       notice  of  tcii  davs  from  the  Mayor  or  Board  of  Health  to 

Mayor  or  Board 

of  health.        discontinue  it. 


MARYLAND  HOSPITAL  AND  INSANE  ASYLUMS. 

No.  14,  Mar.  22,      6,     The  trustces  of  Bay  View  Asylum  shall  cause  monthly 
When  indigent  cxamiuations  of  all  insane  patients  in  that  institution  to  be 

lunatics  to  be 

sent  from  Bay-   made  by  the  physician  in  charsre,  and  shall  from  time  to 

view  Asylum  to  ./  i.      ./  o    ^ 

^ra?'*""*  "°^'  *^°^®  transfer  to  the  Maryland  Hospital  such  indigent  luna- 
tics as  in  the  judgment  of  said  physicians  will  most  probably 

Proviso.  be  benefited  by  curative  treatment ;  provided,  the  number 

thus  transferred  shall  not  exceed  the  legal  quota  under  the 
Act  of  1870,  c.  351,  s.  9,  (section  2,  statutes,  of  this 
article.)* 

No.  87, 8. 1,  May      7.      Thc    Mayor    of    the    City,    the    Commissioner    of 
Permit  to  send  Health  and  the  President  of  the  Board  of  Trustees  of  the 

indigent  insane  •!/-.     i  ii  I'li 

citieens  to  Mary-  Foor,  or  cithcr  01  them,  are  hereby  authorized  and  empow- 

land  Hospital  or  '  t  j  r 

other  insane      ercd,  upou  a  propcrly  authenticated  certificate  of  two  com- 

asylum  in  State.  ^      r  i        t         J 

petent  physicians,  to  issue  a  permit  in  behalf  of  any  indigent 
insane  citizen  of  the  city  of  Baltimore,  suffering  with  an 
acute  or  curable  form  of  mania,  under  which  permit  such 
person  may  be  taken  to  the  Maryland  Hospital  at  Spring 
Grove,  in  Baltimore  county,  or  any  other  insane  hospital  in 
the  State  of  Maryland,  that  the  said  party's  next  friend  may 
determine  ;  and  the  officers  of  the  said  hospital,  on  receipt 
of  such  permit,  are  hereby  authorized  to  receive  such  person 
on  account  of  the  Mayor  and  City  Council  of  Baltimore : 

*  Tliis  ordinance  recites  tliat :  the  General  Assembly  of  Maryland  at  its 
session  of  1876,  passed  an  act  providing  for  the  accommodation  of  two  hun- 
dred and  fifty  pauper  lunatics  of  the  State  in  the  Maryland  Hospital  for  the 
Insane,  to  be  apportioned  among  the  several  counties  and  the  city  of  Balti- 
more according  to  their  respective  populations,  and  that,  in  the  apportion- 
ment of  the  capacity  of  the  hospital,  the  quota  of  indigent  insane  patients 
allowed  from  the  city  of  Baltimore  is  ninety-seven. 


Hospitals.  449 

Article  XXV. — Ordinances. 


Provided,  that  the  said  Mayor  and  City  Council  shall  not  be  Liability  of 

Til  1  1  •if  1  -11  Mayor  and  City 

liable,  under  any  such  permit,  tor  a  longer  period  than  one  council. 

year  from  its  date  ;  provided,  further,  that  such  permit  may 

be  renewed  from  year  to  year,  when,  in  the  judgment  of  any  Renewal  of  per- 

one  of  the  officers  named  in  this  section,  such  renewal  would 

be  necessary  and  proper. 

8.  It  shall  be  the  duty  of  the  officers  of  said  hospital,  or  ibid.s. 2. 
hospitals,  to  whicli   said   person    may  be  sent,   to  properly  Treatment, 
maintain  and  treat  the  persons  so  sent  to  their  institution, 

on  permit  as  aforesaid;    and  also  to  keep  separate  lists  ofust  of  person* 

sent. 

all  persons  sent  to  said  hospital  under  the  provisions  of  this 
ordinance ;  and  the  said  officers  shall  report  in  writing  to  ReporttoMayor 

and  City  Coun- 

the  Mayor  and  City  Council,  at  least  quarterly,  the  number,  <="• 
name,  age  and  sex  of  persons  received  and  treated  by  them 
as  aforesaid,  the  form  of  mania,  the'  result  of  treatment  in 
each  case,  and  any  other  information  they  may  deem  inter- 
esting or  important  in  connection  therewith. 

9.  If  any  persons  sent  or  taken  to  the  said  hospital  under  iwd,  s.  3. 
the  provisions  of  this  ordinance   shall   die    while  inmates  Disposition  of 

dead  bodies. 

thereof,  tlieir  bodies  shall  be  delivered  to  any  relatives  or 
friends  who  may  within  twelve  hours  after  their  decease  de- 
mand the  same  for  interment ;  and  if  not  claimed  in  that 
time  by  relatives  or  friends  the  same  shall  be  properly  buried  when  buried 

•^  ,  ^  .  .  byhospiul. 

under  the  direction  of  the  officers  of  said  hospital,  and  the 
City  Register  shall  pay  therefor  a  sum  not  exceeding  eight 
dollars  for  every  body  so  interred,  upon  the  certificate  of  the 
president  of  the  institution  countersigned  by  the  Commis- 
sioner of  Health. 


10.     The  officers  of  said  hospital  shall  receive   compen- ibid,3.4. 
sation  at  the  rate  of  two  hundred  dollars  per  anmcfrij  for  compensi 

to  hospfta 

each  person  so  received,  maintained  and  treated  by  them, 
which  shall  be  paid  monthly  on  the  warrant  of  the  City 


450  Hospitals. 

Article  XXV. — Ordinances. 


Comptroller,  issued  upon  the  certificate  of  the  Health  Com- 
missioner. 

HOSPITALS  OF  WASHINGTON  UNIVERSITY  AND  UNIVERSITY 
OF  MARYLAND  AND  DISPENSARIES. 

No  63,8.  i,Api.      11.     The  President  of  the  Board  of  Trustees  of  Bayview 

28,  '76. 

What  indigent   Asjlum,  or  any  member  of  said  board,  and  the  police  mag- 

fms^uaTs'^of"  '°  istrates  of  the  several  station  houses,  may,  by  order  in  writ- 

unTversfty°and  ^^S}  dircct  any  indigent  sick  or  disabled  persons  of  the  city 

aiaryiaiidf  "      of  Baltimore,  who  are  not  in  condition  to  be  sent  to  Bayview 

Asylum,  and  who  are  entitled  to  relief  under  this  ordinance, 

to  be  sent  or  taken,  with  their  consent,  to  the  hospitals  of 

the  Washington  University  and  University  of  Maryland  for 

medical  and  surgical  treatment  by  the  professors  of  said 

Proviso.  universities  at  any'time  during  each  year,  provided  not  more 

than  twenty-five  persons  shall  be  in  each  hospital  at  any  one 

time. 

Ibid,  s.  2.  12.     It  shall  be  the  duty  of  the  professors  of  said  univer- 

Dutiesofprofes- sities  and  the  physicians  and  surgeons  of  said  hospitals  re- 

sors,  physicians  .  ,  .  .  ,      ' 

and  surgeons,  spcctivcly  to  reccivc  and  properly  maintain  and  treat  the 
persons  so  sent  to  their  hospitals  by  order  in  writing  from 
the  persons  authorized  by  this  ordinance  to  send  them,  so 
long  as  such  persons  in  the  opinion  of  the  Board  of  Trustees 
of  Bayview  Asylum,  may  be  entitled  to  relief,  and  require 
it ;  said  opinion  of  the  Board  of  Trustees  of  Bayview 
Asylum  in  regard  to  the  dismissal  or  removal  from  said  in- 
stitution shall  not  be  exercised  without  consulting  with  the 

List  of  persons  resident  physicians  of  said  hospitals,  and  they  shall  also  keep 

sent.  .  ,  .    . 

lists  of  all  persons  sent  to  said  hospitals,  under  the  provisions 

of  this  ordinance,  in  which  shall  be  stated  the  names  of  the 

persons,  their  residences,  and  the  diseases  treated  by  them  ; 

Report  toTrus-and  they  shall  report  in  writing  to  the  Trustees  of  the  Poor, 

tees  of  Poor.  iii  -in  •iii 

at  least  monthly,  the  number  oi  persons  received  by  them  as 
aforesaid,' and  for  what  diseases. 


Hospitals.  451 

Article  XXV. — Ordinances. 


13.  If  any  person  sent  or  taken  to  either  of  the  hospitals  iwd.s.s. 
named  in  this  ordinance  shall  die  under  the  charge  of  the  Disposition  of 

the  dead. 

authorities  thereof,  the  body  shall  be  delivered  to  any  re- 
lative or  friend  of  the  deceased  who  may  within  twenty-four 
hours  after  death  demand  the  same  for  interment,  and  if  not 
claimed  within  that  time  by  relatives  or  friends,  the  same  when  delivered 

.      .  />   TT       1    1  1        •         '°  Health  Com- 

shall  be  delivered  to  the  Commissioner  of  Health  to  be  in-  missioner. 
terred  according  to  the  provisions  of  Article  XXIII  of  this 
Code.   [p.  406  ante.] 

14.  The  authorities  of  said   hospitals  shall   receive  asiwd, s.  4. 
compensation  three  dollars  and  twenty-five  cents  per  week  compensation  to 
for  each  person  so  received,  maintained  and  treated  by  them, 

and  the  Comptroller  shall  issue  his  warrant  to  the  Register 
for  the  payment  of  such  compensation,  upon  the  presentation 
to  him  of  the  account  endorsed  as  correct  by  the  President 
of  the  Board  of  Trustees  of  the  Poor. 

15.  It  shall  be  the  duty  of  the  ji resident  or  some  mem- ibid,  s.  5. 
ber  of  the   Board  of  Trustees  of  the  Poor  to  visit  the  said  visitors  of  uni- 

.  .       versities. 

universities  at  least  once  a  month,  to  inform  themselves  in 
reference  to  the  condition  of  those  sent  there  under  the  au- 
thority of  this  ordinance. 

16.  If  at  any  time  the  authorities  of  either  of  said  hospi-  iwd,  s.  6. 
tals  shall  violate  the  provisions  of  this  ordinance,  they  shall  whenhospitau 

excluded  from 

thenceforth  bo  excluded  from  the  benefit  of  the  same.  benefit  of  this 

law. 

17.  The  Mayor  of  the  City  is  hereby  authorized  and  em-  No.6B,s.ii,juno 
powered,  under  the  advice  of  the  City  Solicitor,  to  contract  Medicines  to  in- 

.  -V,  .,        „  -P,    ,    .     digent  sick  from 

for  and  on  behalf  of  the  Mayor  and  City  Council  of  Balti-  dispensaries, 
more,  with  the  Baltimore  General  Dispensary,  the  Baltimore 
Special  Dispensary,  the  North  Eastern  Dispensary,  the 
Eastern  Dispensary,  the  Southern  Dispensary,  the  North 
Western  Dispensary,  the  Central  Free  Dispensary  and  the 
Dispensaries  attached  to  the  University  of  Maryland  and 


452  Hospitals. 

Article  XXV. — Ordinances. 


the  Washington  University,  for  supplying  medicines  to  the 
indigent  sick  of  the  city  of  Baltimore  during  any  one 
year,  on  such  terms  as  may  in  his  judgment  be  judicious  ; 

Provisos.  provided,  however,  that  the  stipulations  as  to  the  hours  and 

rules  of  such  service  shall  be  made  to  apply  alike  to  all  of 
said  dispensaries  with  which  such  contracts  shall  be  entered 
into  ;  and  provided  further,  that  each  contract  shall  contain 
a  stipulation  that  the  Mayor  and  City  Council  shall  incur  no 

Amounts  in  ex-  obligation  thcrefrom  for  any  amount  not  provided  for,  or  in 

cess  of  appiopri-  ...  ,  .       . 

ations.  exccss   of  the   appropriation  in  any  general   appropriation 

ordinance  for  any  year  made  for  carrying  out  the  same. 

Note  of.  Acts  relating  to  Hospitals  and  Asylums. — 1868,  c.  246,  is 
an  act  to  aid  in  the  establishment  of  a  hospital  in  connection  with  the 
Washington  University  of  Baltimore. 

The  act  of  1870,  c.  16,  repeals  and  re-enacts  the  third  section  of  the  act  of 
1868,  c.  246 ;  1870,  c.  126,  and  1872,  chs.  30  and  99,  enlarge  the  corporate 
powers  of  Washington  University ;  and  1874,  c.  266,  provides  for  the  free 
education  in  said  university  of  one  student  from  each  legislative  district  of 
the  State.  The  act  of  1874,  c.  324,  appropriates  sums  of  money  to  enable 
the  Faculty  of  Physic  of  the  University  of  Maryland  to  build  a  hospital, 
and  the  College  of  Physicians  and  Surgeons  of  Baltimore  to  establish  a 
lying-in  hospital  for  benefit  of  indigent  women  of  the  State  and  the  city, 
free  of  charge,  and  to  educate  one  student  for  each  legislative  district  of  the 
city,  and  one  student  from  each  county,  free  of  charge. 

By  the  act  of  1878,  c.  174,  the  Washington  University  of  Baltimore  and 
the  College  of  Physicians  and  Surgeons  of  Baltimore  city  were  united  and 
merged,  and  shall  henceforth  constitute  and  form  one  body  corporate,  under 
the  name  and  style  of  "  College  of  Physicians  and  Surgeons  of  Baltimore 
city." 

The  Maryland  Inebriate  Asylum  was  incorporated  by  act  of  1860,  c.  386, 
and  forms  Art.  XL VI,  of  Code  of  Public  General  Laws  of  1860. 

The  Maryland  Insane  Asylum  was  incorporated  by  acts  of  1852,  c.  302 : 
1860,  c.  264 ;  1862,  c.  234 ;  1864,  c.  213  and  c.  248,  and  1868,  c.  117. 

1868,  c.  264,  entitled  an  act  to  authorize  the  commissioners  of  the  Insane 
Hospital  at  Catonsvillc  to  receive  inebriates  as  patients  until  the  hospital  for 
inebriates  proper  shall  be  completed,  enacts  that  the  commissioners  of  the 
Insane  Hospital  at  Catonsville  are  authorized  to  receive  inebriates  as  patients 
in  said  hospital,  subject  to  the  same  charges  and  conditions  as  other  patients, 
until  the  hospital  tor  inebriates  proper  shall  be  completed. 


Hospitals.  453 

Article  XXV. — Ordinances. 


1868,  c.  437,  entitled  an  act  to  authorize  and  empower  the  president  and 
directors  of  the  Maryland  Insane  Asylum  to  convey  certain  land  to  the 
Maryland  Inebriate  Asylum  for  the  uses  of  said  institution,  enacts  that  the 
president  and  directors  of  the  Maryland  Insane  Asylum  are  authorized  and 
empowered  to  grant  and  convey  unto  the  Maryland  Inebriate  Asylum,  for 
the  proper  uses  of  said  institution,  and  the  erection  thereon  of  a  suitable 
building  or  buildings,  such  portion  of  the  farm  now  owned  by  the  Maryland 
Insane  Asylum,  not  exceeding  fifty  acres,  as  may  in  their  judgment  be 
spared  witfiout  injury  to  the  interests  of  said  asylum. 

The  Sheppard  Asylum  was  incorporated  by  the  acts  of  1853,  c.  274,  and 
1858,  c.  41. 


454 


Houses  of  Refuge  and  Reformation. 


Article  XXVI. 


ARTICLE  XXVI. 


HOUSES  OF  REFUGE  AND  REFORMATION. 


STATUTES. 


HOUSE  OF  RKFUGE. 

1.  Managers:  quorum. 

2.  Power  to  make  by-laws,  &c. 

3.  To  report  to  General  Assembly, 

and  what. 

4.  Managers  to  provide  buildings: 

regulations. 

5.  White  male  children. 

6.  Employment  and  instruction  of 

children. 

7.  Power  to  bind  them  as  appren- 

tices, and  how. 

8.  Who  to  be  committed  to  House 

of  Refuge,  and  how. 

9.  When  vagrants  committed, 

names  of  witnesses,  and  sub- 
stance of  testimony  to  be  an- 
nexed to  commitment. 

10.  White  male  minors  convicted  of 

felony  may  be  committed,  and 
when:  proviso. 

11.  House  of  Refuge  exclusively  for 

male  minors. 

12.  Appropriations    by  Mayor  and 

City  Council  authorized  to 
House  of  Refuge,  St.  Mary's  In- 
dustrial School  and  Boys'  Home 
house  of  repokmation  and  in- 
struction FOR  COLORED 
CHILDREN. 

13.  Managers:  quorum. 

14.  By-laws:  officers:  duties. 


15.  Report  to  General  Assembly. 

16.  Building:  regulations. 

17.  What  colored  children  to  be  in- 

mates. 

18.  Employment  and  instruction  of 

children. 

19.  Power  to  bind  out  as  apprenti- 

ces, and  how. 

20.  Manner  of  receiving  inmates. 

21.  Duty  of  committing  justice :    of 

clerk  of  court. 

22.  Commitment  of  colored  minors 

convicted  of  felony:    proviso: 
transfers  from  counties. 

INDUSTRIAL  SCHOOL  FOR  GIRLS. 

23.  Thirty  directors:  five  to  be  ap- 

pointed by  Mayor :  with  con- 
sent of  Council :  quorum. 

24.  Powers  and  duties. 

INDUSTRIAL   SCHOOL  FOR  BOYS. 

25.  Powers :  white  boys. 

26.  Baltimore    city    represented    in 

board  of  trustees. 

27.  By-laws,  ordinances  and  regula- 

tions. 

HOUSE  OP  THE  GOOD  SHEPHERD. 

28.  Refuge  for  white  females  under 

eighteen. 

29.  How  to  be  committed. 

30.  When  to  be  committed. 

31.  Power  to  bind  out  as  apprentices 


Houses  of  Kefuge  and  Reformation. 


455 


Article  XXVI.— Statutes. 


33.   Instruction    of    females    com- 
mitted :  rules  and  regulations. 

33.  Females  committed  by  Criminal 

Court,  &c. :  term  of  commit- 
ment: proviso:  discharge  of 
reformed  females. 

34.  Procedure:    proviso:    trial    by 

jury. 


35. 


36. 


Report  to  Governor :  appropria- 
tions. 

Visitation  and  inspection  by 
judge  of  the  Criminal  Court, 
president  of  Board  of  Police 
Commissioners  and  Marshal 
of  Police. 


ORDINANCES 


1.  Police  to  aid  in  arrest  of  boys 

escapng   from  the  House  of 
Refuge. 

2.  Care  and  maintenance  of  Balti- 

more boys  in  House  of  Refuge, 
St.  Mary's  Industrial  School 


and  House  of  Reformation  and 
Instruction  for  Colored  Chil- 
dren :  provisos :  amount  in  ex- 
cess of  appropriations:  com- 
mitments by  courts. 


STATUTES 


HOUSE  OF  REFUGE. 

1.  The  estate  and  concerns  of  the  House  of  Refuge  shall  ws,  c.  m.s. 
be  managed  and  conducted  by  fifteen   managers,  of  whom  Managers, 
five  sliall  be  elected  by  members  of  the  association,  and  five 
appointed  by  the  Mayor  and  City  Council  of  Baltimore,  and 

five  shall  be  appointed  by  the  Governor,  by  and  with  the 
consent  of  the  Senate,  in  the  month  of  February,  annually  ; 
seven  of  which  managers  shall  constitute  a  quorum,  for 
the  transaction  of  business. 

2.  Said  managers  may  from  time  to  time  make  such  by-  p.  o.  l.,  art.78, 
laws,  ordinances  and  regulations,  relative  to  the  manage-  Power  to  make 
ment,  government,  instruction,  discipline,  employment  and 
disposition  of  the  minors  in  the  House  of  Refuge,  not  con- 
trary to  law,  as  they  may  deem  proper,  and   may  appoint 

such  officers,  agents  and  servants,  as  they  may  deem  neces- 
sary to  transact  the  business  of  the  said  corporation,  and  may 
designate  their  duties. 


456  Houses  of  Refuge  and  Reformation. 

Article  XXVI.— Statutes, 

Ibid,  sec.  10.  3.     They  shall  make  a  report  to  the  General  Assembly  at 

To  report  to  Gen-  cach  reffular  session  thereof,  of  the  number  of  minors  re- 

•ral  Assembly, 

and  what.  ceived  by  them  into  the  House  of  Refuge,  the  disposition 
which  shall  be  made  of  such  minors,  by  instructing  or  em- 
ploying them  therein,  or  by  binding  them  out  as  apprenti- 
ces ;  the  receipts  and  expenditures  of  said  managers,  and 
generally  all  such  facts  and  particulars  as  may  tend  to  ex- 
hibit the  effects,  whether  beneficial  or  otherwise,  of  the  said 
association. 

Ibid,  sec.  12.  4.     The  Board  of  Managers  shall  provide  a  suitable  build- 

Managers  to  pro- in  g  in  the  city  or  county  of  Baltimore,*  and  establish  such 

vide  buildings;  ,  .  .     . 

regulations.  regulations  respecting  the  religious  and  moral  education, 
training,  employment,  discipline  and  sa*'e  keeping  of  its 
inhabitants,  as  may  be  deemed  expedient  and  proper. 

1872,  c.  218.  5.     The  Board  of  Managers  shall  have  power  in  their  dis- 

whitemaie      crction  to  take  into  said  house  all  such  white  male  children 

children.  i      n     i  i  i  •         i  i 

as  shall  be  taken  up  and  committed  as  street  beggars  or 
vagrants,  or  shall  be  convicted  of  criminal  offences,  or  as 
hereinafter  provided  for  in  the  case  of  application  of  parents 
or  guardians. 

P.O.  L., art. 78,      6.     They  shall  have  power  to  place  the  children  commit- 
Empioyment     tcd  to  their  carc,  during  the  minority  of  such  children,  at 

and  instruction  .        .  i   •  i 

of  children.  such  employments,  and  cause  them  to  be  instructed  in  such 
branches  of  useful  knowledge,  as  may  be  suited  to  their 
years  and  capacities. 

1872,  c.  218,  7.     The  managers  of  the  House  of  Refuge  shall  have 

Power  to  bind    powcr  to  bind  out  the  white  male  children  committed  to 

them  out  as  ap-  .  •   i         i  j         p  i         i   m  i 

prentices  and     their  carc.  With  the  consent  ot   such  children,  as  appren- 

how.  '  .  .  . 

tices  during  their  minority,  that  is  to  say,  until  the  age  of 
twenty-one  years,  to  such  persons  and  places,  whether  in  or 

*  The  comer  stone  of  the  House  of  Refuge  was  laid  in  1851,  in  Baltimore 
county,  near  the  Frederick  road,  three  miles  from  the  city. 


Houses  of  Refuge  and  Reformation.  457 


Article  XXVI.— Statutes. 


out  of  this  State,  and  to  learn  such  proper  trades  or  employ- 
ments as  in  the  judgment  of  the  said  managers  will  be  most 
conducive  to  the  reformation  and  the  future  benefit  and  ad- 
vantage of  such  children,  and  the  indentures  by  which  said 
children  shall  be  bound  shall  contain  the  covenants,  and 
shall  be  recorded  as  prescribed  by  article  sixth  of  P.  G.  L., 
and  all  the  provisions  of  the  said  article  in  relation  to  white 
apprentices,  shall  apply  to  apprentices  bound  under  this 
section. 

8.     The  manner  of  receiving  inmates  into  the  House  of  iHTa.ciis. 
Refuge  shall  be  in  either  of  the  following  modes,  namely:  Manner  of  re- 

.  ,    •  .  .  ceivlug  inmates. 

first,  white  male  minors  may  be  committed  by  a  justice  of  jirst riass. 
the  peace  for  any  of  the  counties  or  city  of  Baltimore,  on 
complaint  and  due  proof  made  to  him  by  the  parent,  guar- 
dian or  next  friend  of  such  minor,  that  by  reason  of  incor- 
rigible or  vicious  conduct,  such  minor  has  rendered  his 
control  beyond  the  power  of  such  parent,  guardian  or  next 
friend,  and  made  it  manifestly  requisite  that  from  regard 
for  the  morals  and  future  welfare  of  such  minor,  and  the 
peace  and  order  of  society,  he  should  be  placed  under  the 
guardianship  of  the  House  of  Refuge.  Second,  white  male  second  cUss. 
minors  may  be  committed  by  the  authority  aforesaid,  when 
complaint  and  due  proof  have  been  made  that  such  minor 
is  a  proper  subject  for  the  guardianship  of  the  House  of 
Refuge,  in  consequence  of  vagrancy,  or  of  incorrigible  or 
vicious  conduct,  and  that  from  the  moral  depravity,  or 
otherwise  of  the  parent,  guardian  or  next  friend,  in  whose 
custody  such  minor  may  be,  such  parent,  guardian  or  next 
friend  is  incapable  or  unwilling  to  exercise  the  proper  care 
and  discipline  over  such  incorrigible  or  vicious  minor. 
Third,  such  white  male  children  as  their  parents,  guardians  Third  cuss. 
or  friends  may  desire  to  place  therein  for  temporary  restraint 
and  discipline,  and  where  parents,  guardians  or  friends  shall 
agree  and  contract  with  the  managers  for  their  support  and 


468  Houses  of  Hefuqe  and  Reformation. 


Article  XXVI.— Statutes. 


Fourth  class,     maintenance  ;  and  fourth,  white  male  minors  committed  by 
the  several  courts  in  this  State  as  provided  in  this  article. 

sec.'bo."     ■    '       9.     It  shall  be  the  duty  of  the  justice  of  the  peace,  when 
When  vagrants  committiufiT  a  vaffraut  or  incorrigible  or  vicious  minor  under 

committed,  <-<  ."  c 

SeSes  tLlsnh.  *^^^  article,  in  addition  to  the  commitment,  to  annex  the 

raon^toVe  an"  namcs  and  residences  of  the  different  witnesses  examined 

mitment.      "    bcfore  him,  and  the  substance  of  the  testimony  given  by 

them  respectively,  on  which  the  adjudication  was  founded, 

and  the  same  duty  shall  be  performed  by  the  clerk  of  any 

court,  the  judge  whereof  shall  make  such  commitment.* 

*  The  Court  of  Appeals,  in  Eotli,  v.  Houne  of  Refuge,  31  Md.  330  held  :  that, 
in  regard  to  the  power  of  a  justice  of  the  peace  to  c«ramit,  and  of  the  managers 
of  the  House  of  Refuge  to  detain  minors,  charged  as  and  proved  to  be  per- 
sons of  incorrigible  or  vicious  conduct,  so  that  their  control  is  beyond 
the  power  of  parent,  guardian  or  next  friend,  they  are  clear  in  the 
opinion  that  the  power  conferred  upon  the  justice  of  the  peace,  as  also  that 
conferred  upon  the  managers  of  the  House  of  Refuge,  is  in  no  wise  in  con- 
flict with  the  Declaration  of  Rights,  or  the  Constitution  of  this  State :  and 
that  they  fully  concur  in  the  reason  and  judgment  of  the  Supreme  Court  of 
Pennsylvania  in  disposing  of  a  similar  question,  in  the  case  of  Ex  parte 
Crouse,  4  Whart.  9.  See  Hinkley,  exr.  v.  House  of  Refuge,  40  Md.  461,  for 
construction  of  a  will  leaving  a  legacy  to  this  institution. 

In  re  Juib.  corp.  Walker's  case  in  City  Court,  Nov.  9,  1873,  before  Brown, 
C.  J.  It  was  contended  that  the  commitment  of  Walker  was  illegal,  because 
the  justice  had  not  complied  with  the  sections  relating  to  vagrants,  being 
Art.  LII  of  this  Code,  but  the  Court  held,  that  these  sections  did  not  apply  to 
the  case  of  minors  committed  as  vagrants  to  the  House  of  Refuge,  and  that 
the  commitment  was  legal,  if  it  complied  with  the  law  relating  to  the  latter. 
The  commitment  on  its  face  set  forth  that  the  justice  had  been  satisfied  by 
proof  of  the  vagrancy  of  the  boy,  and  in  compliance  with  the  law  the  justice 
annexed  to  the  commitment  a  statement  of  the  substance  of  the  testimony  on 
which  the  commitment  was  made,  and  names  and  residences  of  witnesses :  this 
testimony  showed  the  viciousness  of  the  boy,  but  did  not  fully  establish  his 
vagrancy.  Held :  that  while  the  justice  was  required  to  annex  the  sub- 
stance of  the  testimony,  his  failure  to  insert  proof  establishing  vagrancy 
did  not  vitiate  the  commitment  which  on  its  face  declared  that  sufficient 
testimony  on  the  subject  had  been  produced,  and  that  this  provision  about 
substance  of  testimony  was  merely  directory  ;  the  important  point  being  that 
the  justice  was  satisfied  of  the  vagrancy  and  the  propriety  of  committing  to 
the  House  of  Refuge. 


Houses  of  Refuge  and  Rkfoemation.  459 

Article  XXVI.— Statutes. 

10.  Whenever  any  white  male  minors,  under  the  age  of  i873,c. ais. 

sixteen  years,  shall  be  convicted  of  felony  in  any  court  of  white  maie  mi- 
nors convicted 

this  State,  the  iudge  of  said  court,  in  his  discretion,  and  with  °f  '^'■'"."y  I"  ^. 

?  J        o  7  1  conimittetl  aud 

reference  to  the  character  of  the  House  of  Refuge  as  a  place  ^''*"- 
of  reform  and  not  of  piinishment,  may  order  said  minor  so 
convicted  to  be  removed  to,  and  confined  in,  the  said  House 
of  Refuge;  provided,  that  in  all  cases  no  such  transfer  of  Proviso, 
any  such  minor  from  the  counties  shall  be  made  until  due  Transfers  from 

.  .  ,     ^  counties. 

notice  has  been  given  to  the  superintendent  of  said  House 
of  Refuge,  and  an  answer  received  from  him  that  there  is 
room  in  the  House  of  Refuge  for  the  reception  of  such  de- 
linquent. 

11.  The  House  of  Refnge  shall  be  exclusively  charged  i87a,c.  sis. 
with  the  reformation  and  care  of  male  minors.  "XX'e^y^'io? 

male  minors. 

12.  The  Mayor  and  City  Council  of  Baltimore  are  au- 1878,  c  207. 
thprized  and  empowered  to  appropriate  annually  towards  Appropriations 

•   _  by  Mayor  and 

the  current  expenses  of  the  House  of  Refuge  and  St.  Mary's  city  council 

'  o  .<         authorized  to 

Industrial  Scliool,  any  sum  or  sums  of  money  not  exceeding  u"p"''st'^M"rv's 
twenty-five  thousand  dollars  per  annum,  and  to  the  Boys'  schoou'and 
Home  Society  of  Baltimore  City  the  sum  of  five  thousand  society."™* 
dollars  annually ;  and  the  said  Mayor  and  City  Council  are 
further  authorized  and  empowered  to  appropriate  for  repairs, 
permanent  improvements  and  additions  to  the  buildings  now 
occupied  and  used  by  the  House  of  Refuge,  such  additional 
sum  or  sums  of  money  as  in  their  judgment  shall,  from  time 
to  time,  be  required  for  these  purposes. 

HOUSE  OF  REFORMATION  AND  INSTRUCTION  FOR  COLORED 

CHILDREN. 

13.  The  estate  and  concerns  of  the  House  of  Reforma- 1870,0.392,3.3. 
tion  and  Instruction  for  Colored  Children  shall  be  managed  Managers. 
and  conducted  by  sixteen  managers,  of  whom  twelve  shall 

be  elected  by  members  of  the  association,  and  two  appoint- 


4.60 


Houses  of  Refuge  and  Reformation. 


Article  XXVI.— Statutes. 


Two  to  heap-     ed   Lv  the  Mayor  and  City  Council   of  Baltimore,  and  two 

pointed  by  *^  "^  •'  ' 

co^uncir"^  t^i'y  shall  be  appointed  by  the  Governor,  in  the  month  of  Feb- 
ibid,  s.  7.  ruary  annually  ;  five  of  which  managers  shall  constitute  a 
Quorum.  quoFum  for  the  transaction  of  business. 

Ibid,  s.  9.  14.     They  may  from  time  to  time  make  such  by-laws,  or- 

By-iaws.  dinauccs  and  regulations,  relative  to  the  management,  gov- 

ernment, instruction,  discipline,  employment  and  disposi- 
tion of  the  minors  in  the  House  of  Reformation  and  Instruc- 
tion, not  contrary  to  law,  as  they  may  deem  proper,  and 
Officers.  may  appoint  such  officers,  agents  and  servants,  as  they  may 

Duties.  deem  necessary  to  transact  the  business  of  the  said  corpora- 

tion, and  may  designate  their  duties. 

Ibid,  s.  10  15.     They  shall  make  a  report  to  the  General  Assembly 

Report  to  Gen-  at  oach  regular  session  thereof,  of  the  number  of  minors  re- 

eral  Assembly.         •         i   i  i  •  ^         rr  i^  •  t     t 

ceived  by  them  into  the  House  of  Reformation  and  Instruc- 
tion, the  disposition  which  shall  be  made  of  such  minors, 
by  instructing  or  employing  them  therein,  or  by  binding  them 
out  as  apprentices ;  the  receipts  and  expenditures  of  said 
managers,  and  generally,  all  such  facts  and  particulars  as 
may  tend  to  exhibit  the  effects,  whether  beneficial  or  other- 
wise, of  the  said  association. 


Ibid,  8. 12. 

Building. 

Regulations. 


Ibid,  s.  is. 

What  colored 
children  to  be 
inmates. 


16.  The  board  of  managers  shall  provide  a  suitable 
building  in  any  part  of  the  State  of  Maryland,  and  establish 
such  regulations  respecting  the  religious  and  moral  educa- 
tion, training,  employment,  discipline  and  safe-keeping  of 
its  inhabitants,  as  may  be  deemed  expedient  and  proper. 

17.  The  board  of  managers  shall  have  power,  in  their 
discretion,  to  take  into  said  house  all  such  colored  children 
as  shall  be  taken  up  and  committed  as  street  beggars  or 
vagrants,  or  shall  be  convicted  of  criminal  offences,  or  as 
hereinafter  provided  for,  in  the  case  of  application  of  parents 
or  guardians. 


Houses  of  Refuge  and  Reformation.  461 

Article  XXVI.— Statutes. 

18.  They  shall  have  power  to  place  the  children  commit-  ibid,».  i6. 
ted  to  their  care  during  the  minority  of  such  children  at  Employment 

^  and  instruction 

such  employments  and  cause  them  to  be  instructed  in  such  °'  children, 
branches  of  useful  knowledge  as  may  be  suited  to  their  years 
and  capacities. 

19.  Tlie  managers  of  the  House  of  Reformation  and  In- iwd,  8.  i7. 
struction  shall  have  power  to  bind  out  the  children  commit-  Power  to  bind 

*■  out  as  appreiiti- 

ted  to  their  care,  with  the  consent  of  such  children,  as  ap-  ces,  and  how. 
prentices  during  their  minority — that  is  to  say,  males  until 
the  age  of  twenty-one  years,  and  females  until  the  age 
of  eighteen  years,  to  such  persons  and  places,  whether  in 
or  out  of  this  State,  and  to  learn  such  proper  trades  or  em- 
ployments as  in  the  judgment  of  the  said  managers  will  be 
most  conducive  to  the  reformation  and  the  future  benefit 
and  advantage  of  such  children  ;  and  the  indentures  by 
which  such  children  shall  be  bound  shall  contain  the  cov- 
enants and  shall  be  recorded  as  prescribed  by  article  sixth 
of  the  Code  of  P.  G.  L.,  and  all  the  provisions  of  the  said 
article  in  relation  to  white  apprentices  shall  apply  to  ap- 
prentices bound  under  this  section. 

20.  The  manner  of  receiving  inmates  into  the  House  ofiwd,  b.  is. 
Reformation  and  Instruction  shall  be  in  either  of  the  follow-  Manner  of  re- 

ceivtng  inmates. 

ing  modes,  namely  :  First,  colored  minors  may  be  committed  First  class, 
by  a  justice  of  the  peace  for  any  of  the  counties,  or  the  city 
of  Baltimore,  on  complaint  and  due  proof  made  to  him  by 
the  parent,  guardian  or  next  friend  of  such  minor,  that  by. 
reason  of  incorrigible  or  vicious  conduct  such  minor  has 
rendered  his  or  her  control  beyond  the  power  of  such  parent, 
guardian  or  next  friend,  and  made  it  manifestly  requisite 
that  from  regard  to  the  morals  and  future  welfare  of  such 
minor  and  the  peace  and  order  of  society,  he  or  she  should 
be  placed  under  the  guardianship  of  the  House  of  Reforma- 
tion and  Instruction.     Second,  colored  minors  may  be  com-  second  class. 


462 


Houses  of  Kefuge  and  Refokmation. 


Article  XXVI.— Statutes. 


mitted  by  the  authority  aforesaid,  when  complaiut  and  due 
proof  have  been  made  that  such  minor  is  a  proper  subject 
for  the  guardianship  of  the  House  of  Reformation  and  In- 
struction in  consequence  of  vagrancy  or  of  incorrigible  or 
vicious  conduct,  and  that  from  the  moral  depravity  or  other- 
wise of  the  parent,  guardian  or  next  friend,  in  whose  custody 
such  minor  may  be,  such  parent,  guardian  or  next  friend  is 
incapable  or  unwilling  to  exercise  the  proper  care  and  dis- 

Third  class.  cipline  ovcr  such  incorrigible  or  vicious  minor.  Third,  such 
children  as  their  parents,  guardians  or  friends  may  desire 
to  place  therein  for  temporary  restraint  and  discipline,  and 
whose  parents,  guardians  or  friends  shall  agree  and  contract 
with  the  managers  for  their  support  and  maintenance ;  and 

Fonrth  class,  fourth,  minors  committed  by  the  several  courts  in  this  State, 
as  provided  in  this  article.* 

Ibid,  8. 20.  21.     It  shall  be  the  duty  of  the  justice  of  the  peace  when 

Duty  of  commit-  Committing  a  vagrant  or  iucorrigible  or  vicious  minor  under 

ting  justice.  .,.,,.. 

this  article,  in  addition  to  the  commitment  to  annex  the 
names  and  residences  of  the  different  witnesses  examined 
before  him,  and  the  substance  of  the  testimony  given  by 
them  respectively,  on  which  the  adjudication  was  founded, 
Of  clerk  of  court  and  the  same  duty  shall  be  performed  by  the  clerk  of  any 
court,  the  judge  whereof  shall  make  such  commitment. 


*  Inre  hob.  corp.  A.  Robinson,  Jr.,  Brown,  C  J.,  City  Court,  Jan.  8,  1874: 
petitioner  (fifteen  years  of  age,)  had  been  committed  by  the  Circuit  Court 
for  Frederick  County  to  the  House  of  Reformation  and  Instruction  for 
Colored  Children  for  two  years,  and  delivered  to  the  sheriff  for  that  purpose. 
He  claimed  that  the  Court  had  no  power  to  commit  for  two  years,  or  any 
definite  time,  but  that  he  should  have  been  committed  during  his  minority  : 
Held  by  the  Court,  that  the  Circuit  Court  was  empowered  to  commit  the 
petitioner  to  the  said  House  of  Reformation,  that  such  a  commitment  would 
have  authorized  it  to  detain  the  petitioner  until  he  arrived  at  twenty -one, 
which  would  be  several  years  longer  than  said  term,  that  the  commitment 
for  two  years  did  not  render  the  sentence  void  and  that  this  court  could  not 
interfere  in  the  matter. 


Houses  of  Refuge  and  Refokmation.  463 

Article  XXVI.— Statutes. 

22.  Whenever  any  colored  njinor,  under  the  age  of  sixteen  iMd.s.  ai. 
years,  shall  be  convicted  of  any  felony  in   any  court  of  this  commitment  of 

•'  ./././  colored  inmates 

State,  the  judge  of  said  court,  in  his  discretion,  and  with  re- c°°victedoffei- 

ference  to  the  character  of  the  House  of  Reformation  and 

Instruction  as  a  place  of  sojourn,  and  not  of  punishment,  may 

order  said  minors  so  convicted  to  be  removed  to  and  confined 

in  the  said  House  of  Reformation  and  Instruction  ;  provided,  proviso. 

that  in  all  cases  no  trausfor  of  any  such  minor  from  the  coun-  Transfers  ftom 

.,  -ii  •  1  counties. 

ties  shall  be  made  until  due  notice  lias  been  given  to  the  super- 
intendent of  said  House  of  Reformation  and  Instruction,  and 
an  answer  received  from  him,  that  there  is  room  in  the  House 
of  Reformation  and  Instruction  for  the  reception  of  such  de- 
linquent. 

MARYLAND  INDUSTRIAL  SCHOOL  FOR  GIRLS. 

23.  The  affairs  of  the  Maryland  Industrial  School  for  Girls  isbb,  c.  ise; 
shall  be  managed  by  thirty  directors,  fifteen  of  whom  shall  be  Thirty  directors 
chosen  annually  by  the  members,  on  the  first  Tuesday  in  Jan- 
uary, and  five  of  whom  shall  be  appointed  annually  in  the  Five  to  be  ap- 

1.x  1  1  »»  /•     1         /■•»•  i>   T>    1    •  pointed   bv  the 

month  ot  January  by  the   Mayor  of  the  (Jity  oi  lialtimore.  Mayor  with  con- 

•I        ->  ->  ...  sent  of  Council. 

with  the  advice  and  consent  of  the  Council  of  said  city,  and 
ten  of  whom  to  be  severally  resident  of  some  county  in  this 
State,  shall  be  appointed  bi-ennially  in  the  month  of  January, 
by  the  Governor  of  the  State,  with  the  advice  and  consent  of 
the  Senate ;  and  in  case  of  failure  to  appoint  or  elect  at  the  times 
hereinbefore  mentioned,  they  shall  be  appointed  or  elected  as 
soon  thereafter  as  possible,  and  a  special  meeting  of  the  mem- 
bers may  be  called  by  the  directors  at  any  time  after  such 
failure,  for  the  purpose  of  a  special  election  by  them,  and  in 
all  cases  the  directors  shall  hold  office  until  their  successors  are 
appointed  or  elected ;  and  seven  of  said  directors  shall  con-  Quorum, 
stitute  a  quorum,  but  vacancies  shall  be  filled  by  the  concur- 
rent vote  of  not  less  than  a  majority  of  the  whole  number 
remaining. 


464 


Houses  of  Refuge  and  Reformation. 


Article  XXVI.— Statutes. 


Ibid,  8. 10.  24.     The  directors  of  said  institution  shall   have   all   the 

Powers  and  du-  Dowers,  and  fulfil  all  the  duties  heretofore  had  and  fulfilled  bv 

ties.  _  "> 

the  directors  of  the  House  of  Refuge,  as  to  female  juvenile 
delinquents.* 


1874,  c.  288. 
Powers. 


White  boys. 


Proviso. 


Ibid,  s.  3. 

Baltimore  city 
represented  in 
board  of  trus- 
tees. 


Ibid,  s.  5. 

By-laws,  ordi- 
nances and 
regulations. 


ST.  MARY'S  INDUSTRIAL  SCHOOL  FOR  BOYS. 

25.  St.  Mary's  Industrial  School  for  Boys,  of  the  City  of 
Baltimore,  is  empowered  to  receive  in  charge  such  orphan  and 
other  destitute  boys  as  may  be  committed  to  the  charge  of  said 
body  corporate,  and  to  bind  out  such  boys  until  they  shall 
attain  the  age  of  twenty-one  years,  and  any  court  or  magistrate 
of  this  State  shall  have  power  and  authority,  in  the  discretion 
of  the  judge  of  such  court  or  such  magistrate,  to  commit  to 
the  charge  of  said  institution  any  destitute  white  boy,  or  any 
white  boy  convicted  before  such  court  or  magistrate  of  any 
offence  against  any  law  or  laws  of  this  State ;  provided,  that 
the  parent  or  other  guardian  of  said  boy  or  boys  shall  request 
that  they  be  committed  to  the  St.  Mary's  Industrial  School ; 
that  in  all  such  cases  the  board  of  managers  shall  have  power, 
in  their  discretion,  to  take  into  said  institution  all  such  white 
boys  under  sixteen  years  of  age  as  shall  be  taken  up  and  com- 
mited  as  street  beggars  or  vagrants,  shall  be  convicted  of 
criminal  offences. 

26.  The  Governor  of  the  State  and  Mayor  of  the  City  of 
Baltimore  shall  each  appoint,  every  two  years,  three  persons 
to  represent  said  State  and  city,  respectively,  in  the  board  of 
trustees  of  said  institution. 

27.  The  board  of  trustees  may,  from  time  to  time,  make 
such  by-laws,  ordinances  and  regulations  relative  to  the 
management,  government,  instruction,  discipline,  employment 


*  The  Act  of  1866,  c.  156,  provided,  that  the  provisions  of  the  vagrant  act, 
[see  Art.  LII  of  this  Code,]  shall  be  applicable  throughout  the  State  to  this 
institution  so  far  as  its  special  purposes  admit. 


I 


Houses  of  Kefdge  and  Reformation.  465 

Article  XXVL— Statutes. 

and  disposition  of  the  minors  in  said  institution  not  contrary 
to  law,  and  establish  such  r<;gulation8  respecting  the  religi- 
ous and  moral  education,  training,  employment,  discipline  and 
safe-keeping  of  its  inhabitants,  as  may  be  deemed  expedient 
and  proper. 

HOUSE  OF  THE  GOOD  SHEPHERD. 

28.  The  House  of  the  Good  Shepherd  of  the  City  of  Balti-  i878.c.<42. 
more,  a  body  corporate,  incorporated  under  the  General  Laws  Refuee  for  white 

•^  '  '  _  ^  _        females  under 

of  this  State  relating  to  incorporations,  is  authorized  to  receive  eighteen, 
all  such  white  females  under  the  age  of  eighteen  years  as  may 
be  committed  to  the  corporation  by  their  parents  or  guardians, 
and  the  same  to  be  retained  within  the  refuge  conducted  by 
said  corporation  until  they  reach  the  age  of  eighteen  years,  or 
to  bind  them  out  as  apprentices  until  they  reach  the  said  age, 
as  the  directors  of  the  said  corporation  may  elect. 

29.  White  females  under  the  age  of  eighteen  years  may  ibid,  s.  2. 

be  committed  to  the  said  House  of  the  Good  Shepherd  by  aHowtobecom- 

'■  ^      ''         mitted. 

justice  of  the  peace  for  any  of  the  counties,  or  the  city  of 
Baltimore,  on  complaint  and  due  proof  made  to  him  by  the 
parents,  guardians  or  next  friend  of  such  minor,  that,  by  reason 
of  incorrigible  or  vicious  conduct,  such  minor  has  rendered  her 
control  beyond  the  powers  of  such  parents  or  guardian  or  next 
friend,  and  made  it  manifestly  requisite  that  from  regard  to 
the  morals  and  future  welfare  of  such  minor,  and  the  peace 
and  order  of  society,  she  should  be  placed  under  the  guardian- 
ship of  the  House  of  the  Good  Shepherd. 

30.  White  females  under  the  age  of  eighteen  years  may  be  ibid,  s.  3. 
committed  to  the  said  House  of  the  Good  Shepherd  by  the  wi.o  to  be  com- 

mitted. 

authority  aforesaid,  when  complaint  and  due  proof  have  been 
made  that  such  minor  is  a  proper  subject  for  the  guardianship 
of  the  said  corporation,  in  consequence  of  vagrancy,  or  of  in- 
corrigible or  vicious  conduct,  and  that  from  the  moral  deprav- 
ity or  otherwise  of  the  parent,  guardian,  or  next  friend,  in 


466 


Houses  of  Refuge  and  Rbfobmatiok. 


Article  XXVI.— Statutes. 


whose  custody  such  minor  may  be,  such  parent,  guardian  or 
next  friend  is  incapable  or  unwilling  to  exercise  the  proper 
care  and  discipline  over  such  incorrigible  or  vicious  minor. 


Ibid,  s.  4. 

Power  to  bind 
out  as  appren- 
tices. 


Ibid,  s.  5. 


31.  Such  corporation  may  have  the  power  to  bind  out  all 
minors  committed  to  their  care,  with  the  consent  of  such 
minors,  as  apprentices  during  their  minority,  to  such  persons 
and  places,  within  or  out  of  this  State,  and  to  learn  such  proper 
trades  or  employments  as  in  the  judgment  of  such  managers 
will  be  most  conducive  to  the  reformation  and  the  future  ben- 
efit and  advantage  of  such  children,  and  the  indentures  by 
which  children  shall  be  bound  shall  contain  the  covenants,  and 
shall  be  recorded  as  prescribed  by  Art.  VI  of  the  Code  of  Pub- 
lic General  Laws,  entitled  Apprentices,  and  all  the  provisions 
of  the  said  article  in  relation  to  white  apprentices  shall  apply 
to  apprentices  bound  under  this  section. 

32.  The  directors  of  the  said  House  of  the  Good  Shepherd 
Instruction  of    shall  havc  powcr  to  place  all  the  females  committed  to  their 

females  com-  ,  ,        .  - 

mitted.  care  at  such  employment,  and  cause  them  to  be  instructed 

such  branches  of  useful  knowledge,  as  may  be  suited  to  their 
years  and  capacities ;  and  they  shall  have  powcr  to  classify 
the  inmates  of  the  refuge  conducted  by  them,  and  to  make  all 

Rules  and  regu- such  useful  rulcs  and  regulations  as  in  their  experience  they 
shall  from  time  to  time  find  necessary  for  the  regulation  and 
government  of  the  same. 

Ibid,  s.  6.  33.     The  said  corporation  shall  have  power  to  receive  within 

Females  corn-  the  rcfugc  couductcd  by  it  all  such  females  as  may  be  com- 
hi'ai  Court,  &c^'  mitted  to  it  by  the  Criminal  Court  of  Baltimore  City,  the  Cir- 
cuit Court  of  any  county,  or  any  justice  of  the  peace  in  the 
State  of  Maryland,  under  the  provisions  hereinafter  contained, 
and  the  same  to  retain  within  the  refuge  for  their  several 
terms  of  commitment ;  provided,  however,  that  the  directors 
of  the  said  corporation  may,  at  any  time  prior  to  the  expira- 
tion of  her  term  of  commitment,  discharge  and  release  any 


Term  of  com- 
mitment. 
Proviso. 

Discharge  of 

reformed 

females. 


HOU8B8  OF  Rkfugk  AND  Eefokmation.  467 

Article  XXVI.— Statutes. 

female  so  cotninitted  to  their  care,  on  being  satisfied  of  her 
reformation. 

34.  The  jndge  of  the  Criminal  Court  of  Baltimore  City,  or  ibw,  s.  7. 
any  judge  of  any  circuit  court  for  any  county  or  the  city  of  Procedure. 
Baltimore,  upon  information  that  any  female  under  the  age  of 
eighteen  years,  in  their  several  counties,  or  the  city  of  Balti- 
more, as  the  case  may  be,  leads  a  disorderly  and  dissolute 
course  of  life,  may,  upon  application  of  the  parent  or  next 
friend  of  such  female,  issue  a  warrant  or  order  directed  to  the 
8herifl',  or  to  any  constable  or  police  officer  in  such  county  or 

city,  commanding  him  to  bring  the  person  against  whom  the 
information  is  so  given  before  said  court  or  said  justice,  on  any 
day  to  be  named  therein,  not  more  than  one  week  from  the 
day  of  the  warrant,  to  answer  said  charge ;  and  the  said  court 
or  said  justice,  upon  proof  of  said  charge,  may  commit  such 
female  to  the  said  House  of  the  Good  Shepherd  of  the  City  of 
Baltimore,  for  not  less  than  one  week  nor  more  than  two 
months  for  the  first  occasion,  and  not  less  than  one  month  nor 
more  than  six  months  for  the  second  or  any  subsequent  occa- 
sion ;  provided,  however,  that  in  every  case  so  brought  before  Proviio. 
the  Criminal  Court  of  Baltimore  City,  or  the  circuit  court  for 
any  county,  the  trial  shall  be  by  jury,  if  demanded  by  the  Trial  by  jury, 
party  charged ;  and  if  in  any  case  brought  as  aforesaid  before 
any  justice  of  the  peace,  the  party  charged  shall  demand  a 
jury  trial,  the  said  justice  shall  certify  said  case  to  the  crimi- 
nal court  or  the  circuit  court  for  the  county,  as  the  case  may 
be,  to  be  proceeded  with  and  tried  by  said  court  in  the  same 
manner  as  if  the  case  had  been  originally  brought  before  said 
court,  and  such  court  or  justice  may  commit  said  person,  in  the 
absence  of  suitable  bail,  to  the  said  House  of  the  Good  Shep- 
herd, instead  of  the  common  jail,  pending  the  said  charge. 

35.  The  directors  of  the  said  House  of  the  Good  Shepherd,  iMd,  s.  s. 

in  the  city  of  Baltimore,  shall  annually  report  to  the  Governor  Report  to  Got- 
of  this  State  a  full  account  of  the  operations  of  the  said  corpo- 


468  Houses  of  Refcjob  and  Hkformation. 

Article  XXVI.— Ordinances. 

ration,  and  the  Comptroller  of  the  State  shall  semi-aim luilly, 
on  the  first  day  of  January  and  July,  draw  his  warrant  on  the 
Treasurer  to  the  order  of  the  president  of  the  said  corpora- 
tion for  an  amount  at  the  rate  of  twenty  cents  per  diem  lor 
each  of  the  average  number  of  females  committed  by  any  jus- 
tice of  the  peace,  as  hereinbefore  provided,  who  shall  have 
been  in  the  said  institution  during  the  preceding  six  months  ; 
Appropriations,  and  the  sum  of  two  thousand  dollars,  or  as  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  to  pay  the  said 
twenty  cents  per  day,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Ibid,  s.  9.  36.     The  judge  of  the  Criminal  Court  of  Baltimore,  the 

Visitation  and    president  of  the  Board  of  Police  Commissioners,  and  the  Mar- 
inspection  by 
Judge  of  crimi-  shal  of  the  Police  of  the  city  of  Baltimore,  shall,  at  such  times 

nal  Court,  &c.  _  "^  J  3 

as  they  think  proper,  visit  and  inspect  the  said  institution.* 

ORDINANCES. 

No.so.s. i2,R.      1.     It  shall  be  the  duty  of  the  police  of  the  city  of  Balti- 
Poiicetoaid  in  morc  to  aid  in  the  arrest  of  all  boys  escaping  from  the  House 

arrest  of  boys  ,.  t-,  i       o  ■ 

escaping  from    of  Rcfugc,  whcu  the  fact  shall  be  duly  established,  and  render 

house  of  refuge.  '^    '  j  ■> 

such  Other  aid  as  may  tend  to  preserve  the  discipline  of  said 
House  of  Eefuge,  it  being  understood  that  the  necessary 
expense  attendant  upon  the  arrest  and  removal  of  such  person 
or  persons  shall  be  paid  by  the  said  House  of  Refuge. 

No.66,  s.  1,  2.     The  Mayor  of  the  City  of  Baltimore  is  hereby  author- 

June30,'77.  . 

ized  and  empowered,  under  the  advice  of  the  City  Soli- 
citor, to  contract  for,  and  on  behalf  of  the  Mayor  and  City 


*  See  Art.  LII,  Vagrants,  for  the  Home  of  the  Friendless,  Children's  Aid 
Society,  Boys'  Home,  Protestant  Infant  Asylum,  &c.  The  Maryland  House 
of  Correction  was  established  by  the  acts  of  1874,  c.  233,  and  of  IS'J'S,  c.  415. 
By  tiie  act  of  1878,  c.  232,  the  construction  and  maintenance  of  a  line  of 
telegraph  is  authorized  from  the  House  of  Correction  to  the  police  head- 
quarters in  Baltimore  city,  and  from  the  State  Penitentiary  to  the  Police 
headquarters  ;  and  by  the  act  of  1878,  c.  358,  the  managers  of  the  House  of 
Correction  are  authorized  to  hire  convict  labor  to  the  Maryland  Canal  Co. 


Houses  of  Eefuge  and  Reformation.  469 

Article  XXVI. — Ordinances. 

Council  of  Baltimore,  with  the  House  of  Refuge,  St.  Mary's  care  and  main- 
Industrial  School,  and  the  House  of  Reformation  and  Instruc-  "more  boyg  in 

House  of  Bef- 

tion  for  Colored  Children,  J9er  capita,  for  the  care  and  "lain- ifdJ.ftViai*''^'' 

tenance,  for  any  one  year,  of  boys  from  the  city  of  Baltimore,  HouTeoTRe- 

legally  and  properly  committed  to  either  of  said  institutions,  or  in8™uction*fo^r 

who  may  hereafter  be  so  committed  ;  provided,  however,  that  dren. 

each  of  said  contracts  shall  contain  a  clear  and  express  stipu-  Provisos 

lation  that  the  Mayor  and  City  Council  of  Baltimore  shall 

incur  no  obligation  therefrom  to  pay  any  amount  not  provided 

for  or  in  excess  of  any  appropriation  in  any  general  appro-  Amounts  in  ex- 

.  J .  J     /»  •  1  1  '^^*'  °^  appro- 

priation ordinance  made  tor  carrying  out  the  same;  and  pro- priauons. 

vided  further,  that  each  of  said  contracts  shall  contain  a  stipu- 
lation limiting  the  obligation  of  the  city  in  the  cases  of  future 
commitments  to  said  institutions,  to  those  of  boys  who  may  be  commitments 

Ji  !•!  /•!  n     ^  ,  t  .  ^y  courts. 

committed  thereto  by  either  oi  the  courts  of  the  city  having 
the  power  to  make  such  commitments. 

Decision  as  to  Appropriations. — Tax-payers  of  a  municipal  corpora- 
tion may  invoke  the  restraining  powers  of  a  Court  of  Equity,  and  the  court 
will  ejitertain  jurisdiction  of  their  suit  against  such  corporation  and  its  offi- 
cers, whenever  the  latter  are  shown  to  be  acting  ultra  vires,  or  are  assuming 
or  exercising  a  power  over  the  property  of  the  citizen,  or  over  corporate 
property  or  funds,  which  the  law  does  not  confer  upon  them,  and  where 
such  unauthorized  acts  may  affect  injuriously  the  rights  and  property  of  the 
parties  complaining.  St.  Mary^s  Industrial  Scfiool  for  Boys  v.  Brown,  et  cU., 
45  Md.  310. 

The  Mayor  and  City  Council  of  Baltimore  has  no  authority  to  make  appro- 
priations, by  the  exercise  of  the  taxing  power,  to  sustain  or  aid  institutions, 
however  benevolent  and  charitable  in  their  character,  which  do  not  owe 
their  creation  to  the  municipal  power  conferred  on  the  city  of  Balti- 
more, and  were  not  created  for  the  city  by  the  Legislature  of  the  State,  as 
instruments  of  municipal  administration,  but  which  are  separate  and  dis- 
tinct corporations  composed  of  private  individuals,  and  managed  and  con- 
trolled by  officers  and  agents  of  their  own,  and  over  which  the  city  has  no 
supervision  or  control,  and  for  the  management  of  which  there  is  no  accounta- 
bility to  the  city  whatever.    Ibid. 

The  fact  that  the  Governor  of  the  State  and  the  Mayor  and  City  Council 
of  Baltimore  each  appoints,  every  two  years,  three  persons  to  represent  the 
State  and  city  in  the  Board  of  Trustees  of  St.  Mary's  Industrial  School  for 
Boys,  under  the  amendment  of  its  charter  by  the  act  of  1874,  c.  288,  in  no 


470  Houses  of  Refuge  and  Reformation. 

Article  XXVI. — Ordinances. 

manner  changes  the  nature  of  the  institution,  nor  makes  it  a  municipal 
agency.    Ibid. 

The  fact  that  the  Governor  of  the  State  is  empowered  (act  of  1870,  c.  391,) 
to  appoint  ten,  and  the  Mayor  of  the  city  of  Baltimore  five,  of  the  directors 
of  the  Maryland  Industrial  School  for  Girls,  the  board  being  composed  of 
thirty,  does  not  put  the  State  nor  the  city  in  such  relation  to  the  corporation 
as  to  make  it  either  a  public.  State  or  municipal  institution.    Ildd. 

The  mere  fact  that  the  city  of  Baltimore  may  own  the  ground  on  which 
the  building  is  erected,  or  that  the  city,  in  its  deed  to  the  institution,  has 
reserved  certain  privileges  in  the  use  of  the  hall,  as  part  of  the  consideration 
for  the  grant,  cannot  constitute  the  Maryland  Institute  for  the  Promotion  of 
the  Mechanic  Arts  a  municipal  agency.    Ibid. 

Municipal  corporations  can  levy  no  taxes,  general  or  special,  on  the  in- 
habitants, or  their  property,  unless  the  power  be  plainly  and  unmistakably 
conferred.  The  authority  must  be  given  either  in  express  words,  or  by 
necessary  implication,  and  it  cannot  be  collected  by  doubtful  inferences 
from  other  power  or  powers  relating  to  other  subjects,  nor  deduced  from  any 
consideration  of  convenience  or  advantage.    Ibid. 

While  the  city  of  Baltimore  has  ample  power  delegated  to  it  to  provide 
for  the  foundlings,  the  insane,  the  indigent,  infirm  and  helpless,  and  for  the 
correction  of  the  vicious  and  vagrant  portions  of  its  population,  such  pro- 
vision, when  made,  must  be  under  the  control,  and  subject  to  the  supervision 
of  municipal  authoritJ^     Ibid. 


Immiqeants. 


471 


Article  XXVII.— Statutes. 


ARTICLE  XXVIL 


IMMIGRANTS. 


STATUTES. 


Commanders  of  vessels  to  report 
age  and  occupation  of  aliens  to 
Mayor  or  Register :  penalty  for 
neglect. 

To  give  bond  to  indemnify  city 
from  support  of:  penalty. 

Amount  and  security  of  bond. 

St<x;k  may  be  pledged  or  money 
deposited  in  lieu  of  bond. 

Approval  by  Mayor. 

Commander  may  commute  for 
bond. 


7.  Penalty  for  landing  passengers  out 

of  city. 

8.  Penalties  and  forfeitures :  how  re- 

covered. 

9.  Mayor   may   compound    for   or 

remit. 

10.  Commutation  money:  how  dis- 

tributed . 

11.  Fines :  how  distributed. 

12.  Compensation  of  Register. 

13.  Persons  excepted. 


STATUTES. 

1 .     The  master  or  commander  of  any  vessel  arriving  from  p.  l.  l.,  art.  4, 
a  foreign  country,  or  from  any  other  of  the  United  States,  commander oi 

.       ■  .         vessel  to  report 

who  shall  enter  said  vessel  at  the  custom  house  in  the  city  age  ana  occupa- 
tion of  alienH  to 

of  Baltimore,  shall,  within  twenty-four  hours  after  such  |^*y°'"  °'"  *^8- 
entry,  make  a  report  in  writing  on  oath  to  the  Mayor  or 
Register  of  said  city,  of  the  name,  age  and  occupation  of 
every  alien  who  shall  have  been  brought  or  carried  as  pas- 
senger in  such  vessel  on  that  voyage,  upon  pain  of  forfeit-  Penalty, 
ure,  for  every  neglect  or  omission  to  make  such  report  of  the 
sum  of  twenty  dollars  for  every  such  passenger  neglected  or 
omitted  to  be  so  reported.*  . 


*  The  original  act  is  1832,  c.  203.    Its  preamble  recites  that  the  frequent 
arrivals  of  passengers  at  the  port  of  Baltimore  have  introduced  into  that 


472  Immigrants. 


Article  XXVII.— Statutes. 


Ibid, sec.  251.         2.     The  Major  of  the  City  of  Baltimore,  or  other  person 
Bond  to  indem-  discharffinff  the  duties  of  his  office,  shall  require  the  owner 

nify  city  from  ,  , 

support  of  pas-  gr  consiffnee  of  every  vessel  arriving  from  a  foreisrn  country, 

seiigers.  ^  "  "  r>  >/  / 

or  from  any  other  of  the  United  States,  which  shall  be  enter- 
ed in  said  custom  house,  upon  pain  of  forfeiture  to  the  Mayor 
Penalty.  and  City  Council  of  twenty  dollars  for  every  neglect  or  omis- 

sion to  give  a  several  bond  to  the  State  of  Maryland  in  the 
penalty  of  three  hundred  dollars,  for  each  passenger  includ- 
ed in  the  report  of  the  master  or  commander  of  such  vessel 
directed  to  be  made  by  the  preceding  section,  and  condition- 
ed to  indemnify  and  save  harmless  each  and  every  city,  town 
and  county  in  this  State,  from  any  cost  which  such  city,  town 
or  county  shall  incur,  for  the  relief  or  support  of  the  person 
named  in  the  bond,  within  five  years  from  the  date  of  the 
bond,  and  also  to  indemnify  and  refund  any  charge  or  ex- 
pense such  city,  town  or  county  may  necessarily  incur  for  the 
support  or  medical  care  of  the  person  named  therein,  if  re- 
ceived into  the  alms-house  or  hospital,  or  any  other  institu- 
tion under  their  care. 

Ibid,  sec.  25i!.        3.     Evcry  such  bond  shall  be  signed  by  two  or  more  suf- 
ficient securities,  residents  of  the  State  of  Maryland,  each  of 

city  a  great  number  of  paupers,  who  have  become  charges  upon  the  city  and 
county,  and  upon  tlie  several  associations  in  said  city,  incorporated  by  the 
State  for  the  relief  of  foreign  emigrants  to  the  United  States;  and  that  a 
large  proportion  of  the  passengers  in  the  various  ships  are  paupers,  and  are , 
as  such  paupers,  embarked,  it  is  believed,  under  tlie  direction  of  public  au- 
thorities of  foreign  countries ;  and  that  it  is  right  that  the  evil  in  question 
should  be  remedied  or  alleviated  as  far  as  practicable.  Supplemental  acts 
are,  1833,  c.  177;  1834,  c.  84;  1841,  c.  174;  1849,  c.  46. 

The  associations  for  succor  of  immigrants  are,  for  the  Germans,  the  Ger- 
man Society,  formed  in  1784,  and  incorporated  by  act  of  1817,  c.  100 ;  for 
the  Irish.,  the  Hibernian  Society,  formed  in  1803,  and  incorporated  by  act  of 
1817,  c.  168;  for  the  Scotch,  the  St. .Andrew's  Society,  formed  in  1806,  and, 
incorporated  by  act  of  1816,  c.  163 ;  and  for  the  English,  the  St.  George's 
Society,  formed  in  1800,  and  incorporated  by  act  of  1867,  c.  46;  and  for 
the  French,  the  French  Society.  Immigration  is  provided  for  by  Const., 
art.  X,  sec.  3,  and  1868,  c.  300. 


Immigrants.  473 

ArW;le  XXVII.— Statutes. 


whom  shall  prove,  by  oath  or  otherwise,  that  he  is  owner  of  Amount  and  se- 

.,,.,  -'-lo  c      t  1  f      1  1  11   curitv  of  bond. 

a  Treenold  in  the  said  btate  oi  tlie  value  oi  three  hundred 
dollars  over  and  above  all  claims  or  liens  thereon  or  against 
him,  including  any  contingent  claim  which  may  accrue  from 
or  upon  any  former  bond  given  under  the  provisions  of  this 
law. 

4.     If  the  principal  in  said  bond  choose,  instead  of  the  iwd, sec.  253. 
security  required  in  the  preceding  sections,  he  may  secure  stock  may  be 

,  pledged  or 

said  bond  by  mortgage  of  real  estate,  or  by  the  pledge  and  money  depoH- 

*'  '^    °  'J  lb  jtprt  in  lien  of 

transfer  of  public  stock  of  the  United  States,  or  of  the  State  ^°"^- 
of  Maryland,  or  of  the  city  of  Baltimore,  or  by  deposit  of  the 
amount  of  the  penalty  in  some  bank,  subject  to  the  order  of 
the  Mayor  of  the  City. 


5.     Any  security,  whether  real  or  personal,  offered  by  such  iwd, 


■ec.954. 


owner  or  consignee,  shall  first  be  approved  by  the  Mayor  of  Approval  by 

_,.  Mayor. 

the  City. 

fi.     The  owner  or  consignee  of  any  vessel  may  at  any  time  iwd,  sec.  asa. 
within  three  days  after  the  landing  of  such  passengers,  com-  communder 

n  ^        ^  1  iii  •     i      i>  •        t      ^  •  ""y  commute 

mute  for  the  bond  or  bonds  hereinbefore  required,  by  paying  for  bond, 
to  the  Register  of  the  City  the  sum  of  one  dollar  and  fifty 
cents  for  each  and  every  passenger  reported  as  hereinbefore 
required  by  this  article,  and  the  receipt  of  such  sum  by  the 
Register  shall  be  deemed  a  full  and  sufficient  discharge  from 
the  requirement  of  giving  such  bond. 

7.     If  any  alien  passenger  in  such  vessel  shall  be  sufiered  ibid,  sec.  256. 
to  land  therefrom  at  any  place  within  the  distance  of  fifty  penalty  for 

•  in  .-,.  .,,.  ,,  landing  passen- 

miles  from  said  city,  with  the  intent  to  proceed  thereto  gers  out  of  city, 
otherwise  than  in  said  vessel,  the  master  or  commander  there- 
of shall  forfeit  and  pay  for  every  such  person  the  sum  of 
one  hundred  dollars,  unless  within  forty-eight  hours  after 
the  entry  of  the  vessel  the  owner  or  consignee  shall  give  the 
bonds  or  pay  the  commutation  money  aforesaid. 


474 


Immigrants. 

Article  XXVIL— Staples. 


Ibid,  sec.  257.        8.     All  Or  any  of  the  said  penalties  and  forfeitures,  as  well 
Penalties  and     RS  the  Said  commiitation  money,  may  be  sued  for  in  the  name 

Ibileitures; 

how  rerovered.  of  the  Mayor  and  City  Council  of  Baltimore,  before  any  jus- 
tice of  the  peace,  in  the  same  manner  and  subject  to  the  same 
rules  and  x>rocess,  and  the  right  of  appeal  as  provided  in 
cases  of  small  debts. 


Ibid.  sec.  258. 

Mayor  may 
compound  for, 
or  remit 


Ibid,  sec.  a.'iO. 

Commutation 
money  ;  how 
diatrib  I  ted. 


Ibid,  sec.  260. 

Fines;  hoir 
distributed. 


9.  The  Mayor  may  compound  for  or  remit  the  said  penal- 
ties and  forfeitures,  and  payments  and  recoveries,  or  any  of 
them,  either  before  or  after  suing  for  the  same,  upon  such 
terms  as  the  circumstances  of  the  case  may  in  his  judgment 
require. 

10.  The  Mayor  and  Register  shall  pay  over  to  the  Trustees 
for  the  Poor  of  Baltimore  City  semi-annually  three-fifths  of 
all  sums  of  money  arising  from  commutation  by  owners  or 
consignees  of  vessels  as  aforesaid,  which  shall  be  appropria- 
ted by  said  trustess  to  the  use  of  the  city  of  Baltimore  for 
the  purpose  of  supporting  the  foreign  paupers  of  the  said 
city,  and  the  remaining  two-fifths  shall  be  paid  to  the  Hiber- 
nian Society  of  Baltimore,  and  the  German  Society  of  Mary- 
land, in  the  proportions  mentioned  in  the  next  succeeding 
section. 

11.  All  money  received  by  the  Mayor  or  Register  for  pen- 
alties and  forfeitures  imposed  by  this  law  shall  by  the  Mayor 
and  City  Council  be  distributed  and  paid  as  follows :  two- 
fifths  thereof  to  the  German  Society  of  Maryland,  and  tlie 
Hibernian  Society  of  Baltimore,  to  be  divided  between  them 
as  follows :  to  the  German  Society  in  proportion  to  the 
amount  received  from  and  on  account  of  German  and  Swiss 
passengers,  and  to  the  Hibernian  Society  in  proportion  to  the 
amount  received  from  and  on  account  of  Irish  passengers :. 
and  the  remaining  three-fifths  to  the  Trustees  of  the  Poor  for 
Baltimore  City. 


Immigrants.  4Y5 

Article  XXVII.— Statutes. 


12.  The  Register  of  the  City  shall  be  entitled  to  two  per  ibid.sec.  aci. 
centum  upon  the  amount  of  money  collected  under  this  law.  compensation 

or  ReKister. 

13.  Nothing  herein  contained  shall  be  deemed  to  extend  ibia,  sec.  asa. 
to  any  ambassadors,  ministers,  consuls  or  agents  of  foreign  Persons  ex. 
governments  arriving  as  passengers  in  the  port  of  Baltimore. 


476 


Inspections,  Weights  and  Measures. 


Article  XXVIII. 


ARTICLE  XXVIIL 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


STATUTES 


GAS  METERS. 

1.  Apparatus  for  registering   con- 

sumption of  gas. 

2.  Amount  of  gas  registered. 

3.  Test  by  Inspector  and  Sealer  of 

Gas  Meters :  certificate :  when 
company  to  refund  to  consu- 
mer. 

GAUGERS  OP  CASKS  AND  LIQUORS. 

4.  Who  entitled  to  receive  a  license 

to  act  as  gauger  of  casks  and 
liquors:  oath. 

5.  Who  not  eligible  as  gaugers. 

6.  Who    may    sell,    export,    &c. : 

when  gauger  to  be  called  in. 

7.  Gaugers  to  procure  and  use  cor- 

rect instruments:  capacity  of 
casks :  marks :  merchantable 
casks :  deficient  casks :  fraudu- 
lent casks. 

8.  Baltimore    standard    of    wine 

measure :  penalty  on  gauger. 

9.  Altering  mark  or  number :  false 

mark  or  number :  penalty. 

10.  Ganger's  fees. 

11.  Persons  not  licensed  or  acting 

beyond  limits  of  city :  fraud  : 
penalty. 

HAY  AND   STRAW. 

12.  Governor  to  appoint  two  inspec- 

tors of. 

13.  Each  inspector  to  give  bond. 


14.  Standard :  to  be  weighed  at  State 

scales. 

15.  Inspector's  fees. 

16.  Inspector  to  sell  portable  scales. 

17.  To  give  certificate  of  every  load 

weighed :    what  certificate  to 
contain. 

18.  Neglect,  &c.,  to  have  hay  and 

straw  weighed :  penalty. 

19.  Selling,  &c.,  without  inspection : 

penalty. 

20.  May  re-weigh  wagons    free  of 

charge:  if  required  to  do  so, 
entitled  to  pay. 

21.  Inspectors  may  weigh  other  arti- 

cles. 

22.  Where  scales  to  be  placed. 

23.  Additional  pay  of  inspector. 

24.  Weighing  apparatus  to  be  ad- 

justed monthly. 

25.  Inspectors  to  account  to  treas- 

urer quarterly. 

26.  Another  inspector  to  be  appoint- 

ed :    his  duties,  &c. :    fees  for 
weighing. 

27.  Inspector's  duties :  charges. 

28.  Record  of  expenditures,  &c. 

29.  May  impound  for  charges :  pro- 

viso- 

30.  Inspector  neglecting  to  weigh, 

&c. :  penalty. 

31.  Inspector's  bond :  tax  on  com- 

mission. 


Inbpkotions,  Weights  and  Measures. 


477 


Article  XXVIII. 


33.   Appointment  of  additional  in- 
spector. 

33.  Inspector  to  conform  to  provis- 

ions required  of  other  inspec- 
tors. 

34.  Penalties,  how  recovered. 

LIVE   STOCK. 

35.  Governor  to  appoint  weighmas- 

ter  of. 

36.  Bond  of  weighmaster. 

37.  ^Wliat  stock  to  be  weiglied. 

38.  "Weighmaster  to  weigh  all  stock 

presented :  to  give  certificate 
of  weight  to  owner. 

39.  Charges  for  weighing. 

40.  To  keep  record  of  all  weights : 

to  keep  accounts  of  receipts 
and  expenses :  books  to  belong 
to  the  State. 

41.  To  render  quarterly  account  to 

Comptroller. 

42.  To  number  pens,  and  the  num- 

ber they  hold. 

43.  To  put  cattle  in  pens  without 

separating  droves. 

44.  To  make    alterations    in    pens, 

yards,  «&c. :  provisos :  U.  S. 
stock  to  have  priority. 

45.  May  impound  for  weigliing  fees ; 

proviso. 

46.  Clerk  or  assistant:  salary:  pro- 

viso. 

47.  Salary  of  weighmaster,  and  sala- 

ries how  and  when  paid. 

48.  Penalty  for  delaying  to  weigh. 

49.  Penalty  for  selling  without  be- 

ing weighed. 

50.  Penalty  for  buying  without  being 

weighed. 

51.  Police    Commissioners  to  have 

authority  over  premises. 

53.   Grounds  may  be  enlarged :  how 

purchases  shall  be  made. 

53.  Proceedings    in    cases    of    tort, 

trespass,  &c. 

54.  Jurisdiction  of  Crininal  Court 

extended  over  premises. 


MANUUE. 

55.  Contents  of  load. 

OYSTEUS. 

56.  In     the     shell :     measurement ; 

licensed  measurer :  penalty. 

57.  Measure    to    be    inspected  and 

stamped:  penalty:  proviso. 

STEAM  BOILKU8. 

58.  Governor  to  appoint  inspector  of 

steam  boilers:  duties:  oath: 
bond. 

59.  City  divided  into  districts  :  Gov- 

ernor to  assign  districts. 

60.  Office,  «&c.,  of  inspectors:  notice. 

61.  Owner  or  renter    using    steam 

boiler  to  report  to  inspector: 
penalty. 
63.   Inspector  to  give  notice  of  time 
of  inspection :  penalty. 

63.  Duties  of  inspector:  certificate 

of  inspection:  pressure  of 
steam:  penalty. 

64.  Further  duties  of  inspector:  cer- 

tificate: notice:  when  boiler 
to  be  discontinued :  penalty. 

65.  Owner  or  renter  aggrieved  may 

demand  re-examination:  en- 
gineer, «&c.:  oath:  final  decis- 
ion: costs. 

66.  Using  boiler  without  having  it 

inspected:  penalty. 

67.  Inspector  to  examine  engineers : 

when  certificate  withdrawn. 

68.  Inspectors'  fees. 

69.  Inspectoi's'    record :    report    to 

State  Comptroller. 

70.  Inspectors'    salaries:     payments 

into  State  treasury. 

71.  This  act  not  to  conflict  with  or- 

d  i  n  a  n  c  e  s :  permission  for 
erecting  steam  boilers. 

72.  Insurance  in  steam  boiler  insur- 

ance company :  certificate  of 
inspection  from  company: 
fees:  exemption. 

73.  Neglect  of  duties. 


478 


Inspections,  Weights  and  Measukes. 


Article  XXVIII. 


74.  VacaQcies. 

75.  Fines  and    penalties:    how   re- 

covered. 


83. 

83. 

84. 
85. 

86. 

87. 


89. 


90. 
91. 


92. 


93. 
94. 


WEIGHERS  OF   GRAIN. 

Weighers  of  grain  appointed  by 
Governor :  term  of  office. 

Oath. 

Weigher-general's  bond. 

Assistant  weigher's  bond. 

Failure  to  perform  duties. 

What  grain  to  be  reported  to 
grain -weigher's  office:  weigh- 
er-general's duties :  proviso : 
penalty. 

Office  of  weigher-general :  office 
hours:  duties:  assistant. 

Application  to  weigh. 

Weights  and  scales. 

Grain  sold  and  delivered :  not  to 
be  interested :  penalty. 

Gratuity  or  reward :  penalty. 

Return  to  weigher-general :  re- 
cord: fees  of  weigher-general 
and  measurer. 

Weigher-general's  return  to  the 
Comptroller:  clerks'  salaries: 
payments  to  treasurer. 

Allowance  to  weigher- general 
and  assistant :  proviso :  not  to 
exceed  what  sum. 

Mode  of  weighing. 

Meaning  of  term,  grain  :  stand- 
ard weight :  contracts. 

Amount  paid  not  to  exceed  grain 
weighing  fund :  deduction. 

Failure  to  report,  &c. :  penalty. 
False  return :  penalty. 


95 


Comptroller's  duty,  on  failure  to 
return :  bond  to  be  put  in  suit. 

Treasurer's  account  with  grain 
weighing  fund :  grain  ware- 
houses in  Baltimore. 

Assistants    to    weigher-general : 
compensation:     proviso:     he- 
glect  of  duty :  oath. 
98.    No  person  to  weigh  grain  except 
those  appointed:  penalty. 

To  attend  to  duties  in  person: 
penalty.  % 

Elevator  receipts. 

WOOD-CARTS. 

Appointment  of  measurer  of 
vehicles  hauling  cord  wood: 
deputies:  fees. 

Oath. 

Location  of  measurer :  mark 
on  carts :  standard  of  meas- 
urement. 

Refusing  to  have  cart  inspected; 
or  altering  marks  or  measure- 
ment: penalty. 

Dispute  between  purchaser  and 
seller :  measurer  to  arbitrate : 
fee:  certificate. 


96. 


97 


99 


100. 


101. 


102 
103 


104. 


105 


CITY   INSPECTIONS. 

106.  Power  to  pass  ordinances  regu- 

lating inspections  in  city. 

WEIGHTS  AND   MEASURES. 

107.  Corporation  to  make  standards 

Conform  to  State  standards. 

108.  To  regulate  assize  of  bread  and 

size  of  bricks. 


ORDIN  A  NCES 


INSPECTIONS. 
FLOUR. 

Appointment  of  reviewers  of 
flour :  two  millers,  two  bakers 
and  two  merchants :  reviewers 


appointed  on   appeal :    oath : 
pay. 

GAS  METERS. 

Inspector    and    sealer    of  -gas 
meters  appointed :  bond :  oath. 


Inspections,  Weights  and  MEAgoREs. 


479 


Article  XXVIII. 


3.  His  duties. 

4.  Apparatus. 

5.  To  inspect  and  prove  gas  meters : 

fee  to  inspector:  when  fee  to 
be  returned:  gas  company: 
two  per  cent. :  appeal :  referee. 

6.  New  meter  to  be  inspected :  pen- 

alty against  gas  company :  fine. 

7.  Meters  to  be  sealed  and  stamped. 

8.  Used    gas    meters   to  be   re-in- 

spectcd  and  re-stamped :  pen- 
alty on  gas  aimpany :  notice 
from  inspector. 

9.  Inspector  to  visit  premises:  in- 

structions: fee. 

10.  Inspector's    record :    rejxjrt    to 

Mayor:  fees. 

11.  Counterfeiting  or  defacing  seal : 

penalty. 

ILLUMINATING   OA8. 

12.  Inspector    of    illuminating   gas 

appointed:  gas  company:  bond 
of  inspector:  oath. 

13.  Duties  of  inspector:  report. 

14.  Quality    of    gas:     illuminating 

power. 

15.  Defective  gas :  penalty:  proviso. 

16.  Apparatus. 

17.  Salary. 

HAY   AND   STRAW. 

18.  Sale  of  hay  and  straw  regulated : 

l^enalty. 

REPOUTS  OK    INSPECTORS. 

19.  Inspectors  to  report  quarterly  to 

Mayor. 

STREETS. 

20.  Inspection  of  goods  on  streets 

regulated :  penalty. 

WEIGHTS   AND   MEASURES. 

21.  Keepers  of  standards  appointed : 

bond :  two  keepers  of  weights 
and  liquid  measures,  and  one 
keeper  of  dry  and  long  meas- 
ures. 


22.  Offices. 

23.  Comptroller  to  procure  sets  of 

weights  and  measures. 

24.  What  the  standard  shall  be. 

25.  Inspectors  to  adjust  weights  and 

measures:  penalty. 

26.  Dimensions  of  dry  measures. 

27.  Weights,  «&c.,  to    be    stamped: 

penalty. 

28.  Stamp  for  dry  measures:  pen- 

alty for  counterfeiting. 

29.  Scale    beams    to    be    stamped: 

penalty. 

30.  Patent    balances,  &c.,  to    be 

stamped  and  inspected  once  in 
each  year :  penalty. 

31.  When  found  untrue,  to  be  con- 

demned :     penalty    for    using 
condemned  balances,  &c. 

32.  Penalty   for    using    altered 

weights,  &c. 

33.  Fees  of  standard  keepers. 

34.  To  inspect  once  a  year,  and  no 

oftener. 

35.  Penalty. 

36.  To  visit  markets,  stfjres,  &c.,  to 

inspect  weights,  &c. 

37.  Penalty  for  refusal  to  allow  in- 

spection :   duties  of  inspectors 
and  clerks  of  markets. 

38.  Annual  return  Ut  Register. 

39.  Additional  compensation. 

CHARCOAL. 

40.  Measurer  of  charcoal  appointed : 

deputies:  oath. 

41.  Mayor  to  designate  stands. 

42.  Charcoal  to  be  measured. 

43.  Retailers  of  charcoal  exempt. 

44.  Standard  for  measuring. 

45.  Measurer  not  to  deal  in  charcoal. 

46.  Penalty  for  fraud. 

47.  Retailing  charcoal  license. 

COAL. 

48.  How  anthracite  coal  to  be  sold : 

penalty. 


480 


Inspections,  Weights  and  Measures. 


Article  XXVIII.— Statutes. 


FIREWOOD. 

49.   Sale  of  firewood  regulated  :  pen- 
alty: proviso. 


50.  To  be  sold  by  weight. 

51.  Standard  weight:  penalty. 


STATUTES 


GAS  METERS. 


1876,  c.  356,  s.  1, 

Apparatus  for 
registering  con 


1.     It  shall  be  the  duty  of  every  Gas  Company  manufactur- 
ing, furnishing,  and  selling  gas  in  the  city  of  Baltimore,  to 

regisiering  con-      i  ,1  •  <? 

sumption  of  gas.  placo  upou  the  prcinises  01  every  consumer  using  gas,  a  correct 
apparatus  or  meter  for  registering  the  consumption  of  the 
same,  and  it  shall  be  the  duty  of  the  company  to  see  that  said 
apparatus  or  meter  is  kept  in  proper  working  order  and  con- 
dition. 

Ibid,  s.  2.  2.     It  shall  not  be  lawful  for  said  company,  under  any  cir- 

Amountof  gas  cumstauccs,  to  chargc  or  collect  for  any  greater  amount  of  gas 
regis  ere  .        ^j^^^^  .^  registered  by  said  apparatus  or  meter. 

Ibid,  s.  3.  3.     Any  consumer  may,  at  any  time,  cause  said  apparatus  or 

Test  by  inspec-  mctcr  to  bc  testcd  by  the  Inspector  and  Sealer  of  Gas  Meters 

tor  and  Sealer         ^    ^-j    ,    .  ^-^.  1  i      n  i  •  i  •         1  . 

01  JJaltimore  City,  who  shall  make  said  test  in  the  presence  ot 
consumer  and  of  an  agent  of  the  Gas  Company,  by  which  the 
gas  may  be  supplied,  if  desired,  and  shall  furnish  to  the  con- 
sumer, a  certificate,  under  oath,  of  the  true  condition  and 
working  of  said  apparatus  or  meter,  and  if  it  shall  be  found, 
upon  any  such  test,  that  said  apparatus  or  meter  is  registering 
gas  in  favor  of  said  company,  then  in  the  absence  of  any  fraud 
When  company  upou  the  part  of  the  consumer,  the  said  company  shall  refund 

to  refund  to  ,  •      i         r>   1  i  1 

consumer.  to  the  cousumer  an  amount  m  lawiul  money  equal  to  the  per 
centage  that  the  said  apparatus  or  meter  has  been  registering 
too  fast,  upon  the  bills  of  said  consumer,  registered  by  said  ap- 
paratus or  meter,  for  the  four  months  next  preceding  the  said 
test,  unless  the  said  company  can  prove  that  such  inspection 
and  certificate  do  not  show  the  correct  result ;  and  in  case 
such  refunding  does  take  place,  the  said  company  shall  also 
pay  the  expenses  incurred  in  making  said  test. 


of  Gas  Meters. 


Certificate 


Inspections,  Weights  and  Measures.  481 

Article  XXVIII.— Statutes. 


GAUGBRS  OF  CASKS  AND  LIQUORS. 

4.  Any  citizen  of  the  State  of  Maryland,  on  application  to  I872,  c.a64,s.  i. 
the  Clerk  of  the  Court  of  Common  Pleas,  in  the  city  of  Balti-  who  entitled  to 

receive  a  license 

more,  and  on  payinar  one  hundred  dollars  to  the  said  clerk,  to  act  as  nuager 

*^    •'       "  'of  casks  and 

shall  be  entitled  to  receive  a  license  to  act  as  ganger  of  casks  '>i"""- 
and  liquors  for  the  term  of  one  year  from  the  date  thereof. 
The  person  applying  for  said  license  shall,  at  the  time  of  re- 
ceiving the  same,  take  and  subscribe  before  said  clerk  an  oath  oath. 
that  he  will  honestly  and  faithfully  discharge  the  duties  of  said 
office. 

5.  No  person  engaged  in  vending  or  trading  in  or  manu- ibij, «.  2. 
facturing  casks  or  liquors  individually,  or  as  a  partner,  or  as  who'not  eiigi- 

11  1  /.  1  1  P  WeaBgaugers. 

agent,  clerk  or  employee  01  a  trader,  vender  or  manufacturer 
of  said  article,  or  either  of  them,  or  any  commissioned  officer, 
shall  be  licensed  to  act  as  gauger  of  casks  and  liquids. 

6.  Any  person  may  sell,  export  or  otherwise  dispose  of  any  iwd,  s.  a 
foreign  or  domestic  liqnors  in  casks  without  having  the  same  whomayseii, 

.  export,  &c 

gauged  by  a  licensed  ganger,  but  in  cases  of  difference  be-  when  ganger 

,,  -in  1  ..1  to  be  callea  in. 

tween  the  buyer  and  seller  as  to  the  quantity,  either  party  may 
call  in  a  gauger,  and  his  judgment  shall  bind  the  parties. 

7.  The  gangers  shall  procnre  and  use  a  correct  set  of  gang-  lud,  s.  4. 
ing  instruments,  and  as  soon  as  they  have  ascertained  the  Gangers  to  pro- 
capacity  of  any  cask  they  shall  distinctly  mark,  with  marking  correct  instm- 

■  ments. 

irons,  the  capacity  on  the  bilge  near  the  bung,  and  prefix  the  capacity  of 
letter  M.,  for  the  State  of  Maryland,  and  the  first  letter  of  the  Marks, 
surname  of  the  gauger  who  does  gauging;  and  any  cask  con- 
taining such  liquor,  to  be  merchantable,  must  be  round  at  the  Merchantable 
bilge  and  heads,  the  staves  thereof  to  be  seasoned  white  oak, 
free  from  any  injurious  portion  of  sapwood,  and  not  less  than 
half  an  inch  thick  at  the  thinnest  part,  and  not  more  than 
three  quarters  of  an  inch  at  the  thickest  part,  and  to  be  tight 
and  secured  with  a  sufficient  number  of  good  hoops ;  if  of 


482 


Inspections,  Weights  and  Measures. 


Article  XXVIII.— Statutes. 


iron,  six  ;  and  if  of  wood,  not  less  than  twelve  ;  and  at  least  not 
Deficient  casks,  less  than  twelve  on  all  double  barrels  and  hogsheads;  and  if 
any  cask  containing  such  liquor  shall  be  found  deficient  in  any 
of  these  respects  by  said  ganger,  he  shall  direct  it  to  be  coopered, 
or  other  casks  substituted  therefor,  at  the  expense  of  the  owner 
or  seller;  and  if  any  such  cask  shall  be  found  to  be  fraudu- 
lently made,  the  owner  or  seller  thereof,  or  his  agent,  shall 
forfeit  the  cask  to  the  use  of  the  State. 


Fraudulent 
casks. 


8.  The  said  gangers,  in  order  to  ascertain  the  capacity  of 
casks,  shall  conform  to  the  Baltimore  standard  of  wine  mea- 
sure, and  if  any  cask  or  vessel  gauged  or  marked  by  said 
ganger  shall  in  its  capacity  be  found  lacking  or  exceeding  one 
or  more  gallons  in  any  barrel,  or  two  or  more  gallons  in  a  cask 
of  a  larger  size,  the  ganger  shall  forfeit  and  pay  two  dollars 
for  each  gallon  so  lacking  or  exceeding  the  number  of  gallons 
marked  by  him  on  the  cask. 

9.  If  any  person  shall  alter  any  mark,  or  number  marked 
or  set  down  by  any  ganger,  thereby  to  deceive  and  defraud  the 
purchaser  of  distilled  spirits,  wine,  molasses  or  other  liquid 
merchandise  so  gauged  and  marked,  or  shall  put  any  false 
mark  or  number  on  said  cask,  or  upon  any  certificate  intended 
to  counterfeit  the  mark  or  numbers  of  the  ganger,  he  shall 
forfeit  and  pay  twenty  dollars  for  every  ofience,  one-half  to 
the  informer,  and  the  other  half  to  the  use  of  the  State. 

10.  Every  ganger  so  licensed  shall  be  entitled  to  demand 
and  receive  from  the  person  at  whose  request  he  shall  gauge 
any  cask  or  casks  the  following  fees,  to  wit :  for  gauging  casks 
not  exceeding  forty  gallons,  ten  cents  per  cask ;  for  casks  of 
larger  size,  fifteen  cents. 

11.  Any  person  not  beingproperly  licensed,  who  shall  act 
as  ganger,  or  being  so  licensed  shall  act  as  said  gauger  outside 

beyoldTimTts"^  of  the  limits  of  the  said  city,  shall  forfeit  and  pay  to  the  Sherift' 
Penalty.  of  the  City  the  sum  of  three  hundred  dollars ;  said  penalty  to 


Ibid,  8.  6. 

Baltimore  stan- 
dard of  wine 
measure. 


Penalty  on 
gauger. 


Ibid,  s.  6. 

Altering  mark 
or  number. 


False  mark  or 
number. 


Penalty. 

Ibid,  s.  7. 
Ganger's  fees. 


Ibid,  s.  8. 
Persons  not  li- 


Inspections,  Weights  and  Measures.  483 

Article  XXVIII.— Statutes. 

be  imposed  as  a  fine  by  the  Criminal  Court,  on  presentment 
and  indictment  by  the  grand  jury  and  conviction  in  due  course 
of  law,  and  one-third  of  the  penalty  shall  be  paid  by  the 
Sheriff  to  the  informer,  and  the  residue  shall  be  accounted  for 
by  the  Slieriff  to  the  treasury  as  other  fines  ;  if  any  person  so 
licensed  shall  be  guilty  of  a  fraud  by  reason  of  collusion  with  Fraud, 
any  parties,  he  shall  be  deemed  guilty  of  misdemeanor,  and 
shall  on  presentment  and  indictment  therefor  and  conviction 
thereof,  forfeit  and  pay  a  fine  of  not  less  than  five  hundred  penalty, 
dollars  or  more  than  one  thousand  dollars  for  every  such  offence, 
or  be  imprisoned,  in  the  discretion  of  the  court,  for  a  time  not 
exceeding  three  years,  or  both,  and  shall  also  be  liable  in 
damages  at  the  suit  of  the  party  aggrieved. 

HAY  AND  STRAW. 

12.  The  Governor,  bv  and  with  the  advice  and  consent  of  pl.l.,  art.  <, 

.  .      "  .  *«"=.  410. 

the  Senate,  shall  biennially  appoint  two  Inspectors  of  Hay  and  Governor  to 

o  /»         1       y-i  •  ^   T-.    1    •  appoint  two  in- 

btraw  tor  the  City  of  Baltimore.  spector.s. 

13.  Each  of  said  inspectors  shall  give  bond  to  the  State  ibid,  sec.  4 u. 
of  Maryland,  in  the  sum  of  two  thousand  dollars,  for  the  true  Each  inspector 

,  to  give  bond, 

and  faithful  performance  of  the  duties  of  his  office. 

14.  All  hay  and  straw  brought  to  the  city  of  Baltimore  mi,  c.  35. 
shall  be  weighed  at  the  State  hay  scales,  as  provided  in  this  to  be  weighed 

„     .         ,  *t  State  scales. 

article,  and  by  one  of  the  inspectors,  at  the  rate  of  one  hun-  standard, 
dred  pounds  to  the  hundred  weight,  making  a  reasonable  al- 
lowance for  the  moisture  thereof,  as  well  as  for  the  mud  or 
other  substances  attached  to  the  wagon,  cart  or  sled  contain- 
ing the  same ;  this  section  not  to  apply  to  hay  or  straw  in  Exception, 
bales  brought  to  the  city  by  water,  railroad,  wagons,  carts  or 
sleds. 

15.  The  said  inspector  shall  be  entitled  to  demand  and  ises,  c.  les. 
receive  for  each  and  every  load  of  hay  and  straw  inspected  by  inspector's  fees, 
him,  of  whatever  weight,  one  cent  and  one-half  of  a  cent  per 


484  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 

hundred  pounds;  and  for  weighing  hemp,  cable,  anchors,  dye- 
woods,  bark,  etc.,  two  cents  per  hundred  pounds. 

p.  L.  L.,  art.  4,       16.     The  inspector  of  hay  and  straw  shall  sell  the  portable 

sec.  414.  . 

Inspector  to  seU  scalcs,  and  pay  the  proceeds  of  said  scales  to  the  treasurer  of 

portable  scales. 

the  State. 

Ibid,  sec.  415.         17.     The  inspcctor  shall  give  a  certificate  of  every  load  of 
What  certificate  hay  Or  straw  Weighed,  statiujj;  the  gross  and  net  M^eight  of  such 

to  contain.  •'  to  '  &  &  .-5 

straw  or  hay,  and   wagon,  cart  or  sled ;  and  if  any  seller  of 
such  hay  and  straw  shall  neglect  or  refuse  to  have  the  same 
weighed  on  the  day  of  the  delivery  thereof,  he  shall  forfeit 
Penalty.  and   pay  for  every  such   neglect  or  refusal  the  sum   of  five 

dollars. 

Ibid,  sec.  416.         18.     If  any  person  bringing  hay  or  straw  to  said  city  shall 
Neglect,  &c., to  neglect  to  have  the  same  weighed  by  the  said  inspectors,  or 

have  hay  and 

straw  weighed,  shall  be  dotcctcd  in  having  stones,  rubbish,  wood  or  any  thing 
else  concealed  in  his  load,  or  shall  in  any  manner  change  the 
condition  of  his  cart,  wagon,  carriage  or  sled,  with  a  fraudulent 

Pen-aity.  intention,  he  shall  forfeit  and  pay  for  each  and  every  such 

ofienoe  the  sum  of  five  dollars. 

Ibid,  sec.  417.        ]  9.     If  an v  pcrsou,  after  having  his  hay  or  straw  weighed 
Selling,  &c.,      aud  haviug  obtained  the  inspector's  certificate,  specifying  the 

without  inspec- 

t'on-  quantity  thereof,  shall  dispose  of  any  part   thereof,  or  in  any 

manner  diminish  the  same  in  quantity,  thereby  to  defraud  or 

Penalty.  deccivo  tlic  pui'chaser  thereof,  he  shall  forfeit  and  pay  for  every 

such  offence  the  sum  of  twenty  dollars. 

Ibid,  sec.  418.         20.     Tlic  Said  inspectors  may  re- weigh  carts,  wagons,  car- 
inspectors  may  riages  or  sleds  as  often  as  they  may  deem  expedient,  and  if  at 

re-weigh  wag- 
ons free  of        any  time  either  of  them  shall  be  required  to  do  so  by  a  pur- 
charge.  ■'  -x  J       \ 

chaser  of  hay  or  straw,  and  it  shall  be  found  that  his  report 

of  the  weight  of  the  cart,  wagon,  carriage  or  sled  is  correct. 

If  required  to     the  pei'sou  requiring  the  same  shall  pay  twenty  cents  to  said 

do  so,  entitled  ^  ^  a  IT    J  J 

top^y-  inspector;    in  other  cases   the  re-weighing  shall   be  free  of 

charge. 


Inspections,  Wkights  and  Measures.  485 


Article  XXVIII.— Statutes. 


21.  The  said   inspector  shall  at  all   times  when  required  iwd,  sec.  ug. 
weigh  hemp,  cables,  anchors,  dje- woods,  bark,  roots,  etc.  weigh  other 

22.  One  of  the  scales  or  apparatus  for  weighing  shall  be  i864,c.  384. 
placed  in  the  western  section  of  the  city,  and  the  other  in  the  where  scales  to 

be  placed. 

eastern,  but  the  governor  may  upon  petition  change  the  loca- 
tion of  either,  whenever  and  as  often  as  he  may  deem  proper, 
at  the  expense  of  the  State.* 

23.  In   addition  to  the  charge  hereinbefore  authorized  for  ie64,  c  384. 
the  use  of  the  State  hay  scales,  the  inspector  shall  be  entitled  Additional  pay 

•'  '  '  of  inspector. 

to  demand  and  receive  fifteen  cents  for  each  and  every  load 
of  hay  or  straw  which  shall  remain  half  an  hour  on  the 
premises  after  the  weighing  thereof,  but  shall  be  removed 
before  night,  and  thirty  cents  for  each  and  every  load  which 
shall  be  left  on  the  premises  until  the  next  morning. 

*  This  act  of  1864,  c.  384,  further  authorized  the  removal  of  the  scales  in 
the  western  section  of  the  city,  and  the  sale  by  commissioners  appointed  by 
the  governor  of  the  lot  of  ground  and  premises  situate  at  the  intersection  of 
Franklin  street  and  Pennsylvania  avenue,  then  occupied  by  the  State's 
scales,  and  the  purchase  of  a  lot  of  ground  near  the  suburbs,  for  a  hay 
market,  to  which  the  scales  should  be  transferred,  and  on  which  an  office 
sliould  be  erected  for  the  inspector — said  scales  to  be  located  at  a  place 
within  the  city  limits,  convenient  to  the  Reisterstown  and  Frederick  roads. 

The  act  of  1874,  c.  309,  authorized  the  sale  or  lease  to  the  Mayor  and  City 
Council  of  Baltimore,  of  a  part  of  a  lot  in  Baltimore  city,  belonging  to  the 
State  of  Maryland,  located  at  the  intersection  o f  Fremont  and  Chatsworth 
streets,  and  known  as  the  State  hay  scales  lot. 

By  the  act  of  1876,  c.  1,  the  Governor  was  authorized  to  convey  by  deed, 
to  the  Mayor  and  City  Council  of  Baltimore,  that  portion  of  the  State  hay 
scales  lot  situated  at  the  intersection  of  Fremont  and  Chatsworth  streets, 
which  he  sold  to  them  by  virtue  of  the  power  and  authority  vested  in  him 
by  above  act  of  1874,  c.  309. 

By  tlie  act  of  1878,  c.  401,  the  Board  of  Public  Works  was  authorized  to 
purchase  for  the  use  and  the  cenvenience  of  the  Western  hay  scales,  in  the 
city  of  Baltimore,  a  lot  of  ground  adjoining  thereto,  or,  in  their  discretion, 
to  procure  the  same  by  an  exchange  of  a  similar  lot  near  to  the  said  hay 
scales,  belonging  to  the  State. 


486  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 

fec^42i'"'  4»       24,     The  weighing  apparatus  shall  be  adjusted  at  least  once 
To  be  adjusted  ID  six  months  bv  the  standard  of  weights  for  the  city  of  Bal- 

moiithly.  ^  "^  a  J 

timore,  the  expenses  of  which,  together  with  all  the  expense 
for  repairs,  shall  be  paid  by  the  inspectors. 

1B64,  c.  384.  25.     The  inspectors  shall  severally  account  for,  under  oath, 

Inspectors  to      and  pay  ovcr  to  the  treasurer  quarterly,  all  moneys  received 
treasurer  bv  them   as  inspcctors,  after  retaininsr  for  their  services  two- 

quarterly,  •'  '^  '  " 

thirds  of  all  moneys  received  under  section  15,  and  one-fifth 
of  all  moneys  received  under  section  28  of  this  article. 

1867,  c.  361.  26,     The  Governor  shall  appoint  a  proper  person  to  act  as 

Another iiispe-  inspcctor  of  hay  and  straw  at  the  scales  erected  under  the  act 

tor  to  be  ap-  ' 

pointed.  of  1867,  c,  381  ;*  and  his  duties,  in  all  respects,  shall  be  such 

His  duties,  &c.  as  those  by  law  required  of  the  inspector  of  hay  and  straw 
at  the  western  scales,  and  he  shall  have  like  rights,  except  so 
far  as  they  are  hereby  changed,  and  such  appointment  shall 
be  made  in  all  respects  in  like  manner  and  subject  to  like 
confirmation  by  the  Senate,  as  is  by  law  required  in  the 
appointment  of  inspectors  of  hay  and  straw  in  the  city  of  Bal- 
timore; and  said  scales  shall  be  used  for  the  same  purpose  as 
the  scales  established  in  the  western  section  of  said  city 
are  used  for,  and  shall  be  subject  to  the  same  regulations. 
And  the  inspector  hereby  authorized  to  be  appointed,  and  the 
inspector  of  the  western  scales  now  in  operation,  shall,  from 
the  time  that  the  first  named  inspector  shall  enter  upon  the  duties 
of  his  ofiice,  severally  account  for  under  oath,  and  pay  over  to 
Fees  for  weigh-  the  treasurer  quarterly,  all  money  received  by  them  as  inspec- 
tors,  after   receiving   for   their   services   three-fourths    of  all 

*  By  this  act  of  1867,  c.  381,  commissioners  were  appointed  and  autlior- 
ized  to  purchase  or  lease  and  fit  up  in  a  suitable  manner,  a  convenient  lot 
of  ground  for  erecting  scales  for  weighing  hay  and  straw,  and  the  scales,  fix- 
tures and  office  necesssry  for  that  purpose,  not  to  be  situate  south  of  the  Fred- 
erick turnpike,  west  of  Mount  reestt,  north  of  Pratt  street,  and  east  of  the 
junction  of  the  Franklin  and  Frederick  turnpike  roads. 


Inspections,  Weights  and  Measures.  487 

Article  XXVIII.— Statutes. 

moneys  received  by  them  for  weighing  and  inspecting  hay  and 
straw,  and  one-fifth  of  all  money  received  by  them  for  weigh- 
ing hemp,  cable,  anchors,  dye-woods,  bark,  roots,  etc. 

27.  It  shall  be  the  duty  of  the  inspector  of  hay  and  straw  i867,c.24i,8.3. 
having  charge  of  the  eastern  hay  scales  at  Canton,  in  the  city  inspector's 

duties. 

of  Baltimore,  to  weigh  all  cattle  and  hogs  required  by  law  to 
be  weighed,  which  may  be  brought  to  said  scales  for  that  pur-  ^'^^^  »'°<=''- 
pose,  and  the  said  inspector  shall  be  entitled  to  demand  and 
receive  for  the  use  of  the  State,  for  the  first  time  of  weighing 
any  live  stock,  except  sheep,  required  by  law  to  be  weighed, 
two  cents  for  every  hundred  weight,  and  one  cent  per  head  charges, 
for  every  sheep,  and  for  every  second  and  subsequent  weigh- 
ing for  cattle  and  hogs,  two  cents  for  every  thousand  weight, 
and  sheep,  one  cent  for  every  thousand  weight,  and  all  live 
stock  not  required  to  be  weighed,  the  sum  of  six  cents  for 
every  thousand  weight.* 

28.  He  shall  keep  a  full  record  of  all  weights  as  ascertain-  ibid, a.  4. 

ed  and  determined  by  him,  of  what,  and  for  whom  the  same  Record  of  ex- 
may  be  ascertained  and  determined,  and  all  money  by  hira  re- 
ceived for  weighing  live  stock,  and  all  expenditures  and  dis- 
bursements, in  books  to  be  provided  for  him  for  that  purpose, 
which  books  shall  belong  to  the  State,  and  shall  at  all  times  be 
subject  to  the  inspectioQ  and  order  of  the  Comptroller ;  and 
he  shall  at  the  expiration  of  every  six  months,  or  within  five 
days  thereafter,  upon  his  oath,  taken  before  a  justice  of  the 
peace  for  said  city,  make  a  full  statement  of  all  receipts  for 
weighing  all  live  stock  weighed  by  him,  for  the  six  months 
immediately  preceding  said  statement,  and  from  whom  receiv- 

*By  this  act  of  1867,  c.  241,  autliority  was  given  for  tlie  rebuilding  of  the 
hay  scales  and  the  buildings  connected  therewith,  owned  by  the  State  and 
situate  in  the  eastern  section  of  the  city,  near  the  intersection  of  O'Donnell 
street,  with  the  western  line  of  Baltimore  county,  and  to  alter  and  adapt 
said  scales  to  the  weighing  of  live  stock,  as  well  as  hay  and  straw,  and  to 
erect  enclosures  necessary  for  the  safe  keeping  of  live  stock. 


488 


Inspections,  Wkighis  and  Measures. 


Article  XXVIII.— Statutes. 


ed,  and  all  disbursements  by  him  made  to  the  Comptroller ; 
and  if  the  balance  in  the  hands  of  said  inspector  for  weij^hiuii^ 
live  stock  for  said  six  months,  shall  exceed  the  sum  of  two 
hundred  dollars,  he  shall  pay  the  excess  into  the  treasury  ;  but 
if  there  be  no  excess  over  and  above  two  hundred  dollars,  after 
deducting  all  necessary  expenses  for  receipts  for  w^eighing  live 
Compensation  stock,  the  Said  inspcctor  shall  retain  the  balance  as  compensa- 
tion for  his  services  for  weighing  such  live  stock. 


Ibid,  s.  5. 

May  impound 
for  charges. 


Proviso. 


Ibid,  s.  6. 

Inspector  ne- 
glecting to 
weigh,  &c. 


Penalty. 


1870,  c.  '256. 

Inspector's 
bond. 


29.  He  may  upon  failure  or  refusal  of  any  agent  or  owner 
of  live  stock  to  pay  for  weighing  the  same,  impound  any  num- 
ber of  live  stock  he  may  deem  necessarry,  or  cause  such  fees 
to  be  paid ;  provided,  no  injury  be  done  to  said  stock  by  con- 
fining them  as  aforesaid,  that  they  be  delivered  to  the  owner 
or  agent  upon  payment  of  all  just  and  proper  charges. 

30.  If  the  inspector  shall  neglect,  or  delay  to  weigh  or 
cause  to  be  weighed  any  live  stock  brought  to  said  scales  for 
the  purpose  of  being  weighed,  for  a  time  not  exceeding 
twenty-four  hours  after  he  shall  have  been  requested  to  weigh 
the  same,  he  shall  forfeit  and  pay  to  the  owner  of  such  live 
stock,  or  his  agent,  the  sura  of  ten  cents  an  hour  upon  each 
and  every  head  thereof  for  so  many  hours  as  he  shall  omit  or 
neglect  to  weigh  the  same  over  and  above  the  term  of  twenty- 
four  hours,  Sunday  excepted,  to  be  recovered  in  an  action  of 
debt  before  a  justice  of  the  peace,  with  costs. 

31.  The  said  inspector  of  hay  and  straw  shall  execute  a 
bon(3  to  the  State  in  addition  to  the  bond  now  provided  by  law 
to  be  given  by  said  inspector,  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  one  thousand  dollars,  conditioned 
for  the  full  performance  of  all  acts  and  things  required  by  him 
as  weigher  of  live  stock  at  said  scales,  and  to  pay  all  damages 
that  may  be  sustained  by  reason  of  wilful  omission,  refusal  or 
neglect  to  discharge  said  duties,  which  bond  shall  be  filed  with 
the  Comptroller  of  the  treasury ;  but  said  inspector  or  weigher 


Inbpkctionb,  Weights  and  Measures.  489 

Article  XXVIII.— Statutes. 

of  hay  and  straw  for  the  said  eastern  hay  scales  at  Canton,  in 
the  city  of  Baltimore,  shall  not  be  chargeable  with  the  pay- 
ment of  a  tax  of  fifty  dollars  for  his  cominission,  as  required  Taxoncommis- 

sion. 

by  the  Act  of  Assembly  of  1862,  c.  282,  s.  1,  [now  1878,  c.  23,] 
but  shall  be  chargeable  with,  and  pay  to  the  clerk  from  whom 
he  received  his  commission,  the  sum  of  ten  dollars  and  no  more. 

32.  The  Governor,  by  and  with  the  advice  and  consent  of  i864,c.  339,  ».i, 
the  Senate,  is  authorized  to  appoint  an  additional  inspector  of  Anuointment  of 

adaitional  in- 

hay  and  straw  for  the  eastern  section  of  the  city  of  Balti-  spector. 
more* 

33.  The  said  inspector,  as  aforesaid,  by  virtue  of  this  act  ibid,  g.  3. 
appointed,  in  the  execution  of  his  said  oflfice,  shall  conform  to  inspector  to 

*  '  ^  conform  to  pro- 

and  be  liable  to  all  requirements,  duties  and  provisions  re- ^i'*""^ '^«i""'«'* 

^  '  »  of  other  inspec- 

quired  of  the  existing  inspectors,  and  enacted  in  reference  '""• 
thereto  by  any  acts  of  assembly,  now  in  force  in  relation  to 
the  same. 

34.  All  fines  and  forfeitures  imposed  may  be  recovered  p.  l.  l.,  art.  4, 

.  .         .  .  sec.4d3. 

with  costs  in  the  name  of  the  State,  before  a  justice  of  the  Penalties,  how 

recovered. 

peace,  in  the  manner  that  small  debts  are  recovered,  one-half 
to  the  informer  and  the  other  half  to  the  use  of  the  State. 

*  By  this  act  of  1864,  c.  339,  the  said  inspector  was  authorized  under  the 
direction  of  the  Governor  to  purchase  a  lot  of  ground  in  the  eastern  part  of 
the  city,  east  of  Harris'  Creek,  and  south  of  Wilk  street,  and  to  erect  thereon, 
and  to  keep  in  repair,  suitable  hay  scales  or  apparatus  for  weighing  hay 
brought  to  tlie  city  for  sale. 

By  the  act  of  1876,  c.  371,  the  Governor  was  authorized  to  appoint  com- 
missioners to  lease  or  purchase  a  suitable  and  convenient  lot,  and  have 
erected  thereon  scales  and  fixtures  necessary  for  weighing  hay  and  straw, 
and  an  office  for  the  inspector ;  the  scales  to  be  situate  north  of  Madison 
street,  and  south  of  Northern  Boundary,  and  between  Forrest  Place,  ex- 
tended in  a  direct  line  to  said  Northern  Boundary  and  Harford  avenue ;  on 
the  completion  of  the  same,  the  inspector  or  weigher  of  hay,  at  and  for  the 
eastern  scales,  located  at  the  corner  of  Buren  and  Monument  streets,  to  re- 
move thither,  and  perform  the  duties  required  of  the  weigher,  and  to  receive 
tlie  same  for  the  inspection  or  weighing  of  hay  and  straw  or  other  products 
as  were  allowed  at  the  time  of  the  passage  of  this  act ;  and  after  such  removal, 
the  scales,  building  and  lot  of  the  said  Eastern  Hay  Scales  to  be  sold. 


490  Inspections,  Weights  and  Mkasukes. 

Article  XXVIII.— Statutes. 


LIVE  STOCK. 
p  L.  L.,art.  4,      35.     The  Governor,  by  and  with  the  advice  and  consent  of 

sec.  458.  . 

Governor  to  ap-  the  Senate,  shall  biennally  appoint  a  suitable  and   proper  per- 
master.  gon  to  be  wcighmaster  of  live  stock  in  the  city  of  Baltimore. 

ibid,sec.459.         36.     The  person  so  appointed  shall  execute  a  bond  to  the 
Bond  of  weieh- State  of  Maryland,  with  two  securities,  to  be  approved  by  the 

master.  "  .  .  . 

Mayor  or  City  Council  of  Baltimore,  in  the  penal  sum  of  five 
thousand  dollars,  conditioned  for  the  full  performance  of  all 
acts  and  things  required  of  him  as  weighmaster,  and  to  pay 
all  damages  that  may  be  sustained  by  reason  of  wilful  omis- 
sion, refusal  or  neglect  to  discharge  the  said  duties ;  which 
bond  shall  be  filed  among  the  records  of  the  Superior  Court  of 
Baltimore  City,  and  may  be  sued  by  any  person  injured  or 
damaged  by  such  wilful  omission,  neglect  or  refusal. 

Ibid,  sec.  460.  37.  All  beef  cattle  and  hogs  brought  for  slaughter  within 
What  stock  to  the  corporate  limits  of  the  city  of  Baltimore,  or  within  five 
miles  of  said  limits,  which  have  not  been  raised  or  grazed 
one  year  within  said  limits,  or  within  five  tniles  of  the  same, 
shall  be  weighed  by  said  weighmaster  before  they  shall  be 
sold  or  slaughtered. 

Ibid,  sec.  461.         38.     The  said  weighmaster  shall,  upon  any  day  in  the  week 


Weighmaster    oxccpt  Suuday,  Weigh  all  live  stock  that  may  be  offered  at  the 

to  weigh  all  iini  •  ii  -iiii 

stock  presented,  live  stock  scalcs  for  that  purpose,  whether  required  by  the  last 
To  give  certifi-  preceding  section  to  be  weighed  or  not,  and  shall  give  a  certi- 

CEitc  of  wciKht 

to  owner.  ficate  Under  his  hand,  setting  forth   the  actual  gross  weight 

of  any  number  of  cattle  or  hogs,  or  other  livestock  so  weighed 
by  him,  to  their  owner  or  his  agent,  making  such  allowance, 
in  the  nature  of  tare  on  account  of  any  dirt,  mud,  filth,  or 
other  matter  adhering  to  the  same,  as  he  may  think  just  and 
proper. 

Ibid, sec.  462.        39.     He  shall  charge  and  collect  for  the  use  of  the  State 
for  the  first  time  of  weighing  any  live  stock,  except  sheep, 


Inspkotions,  Weights  and  Measures.  491 

Article  XXVIII.— Statutes, 
required  by  this  article  to  be   weighed,  two  cents  for  every  charges  for 

weighing. 

hundred  weight,  and  one  cent  per  head  for  every  sheep  ;  for 
every  second  and  subsequent  weighing,  for  cattle  and  hogs, 
two  cents  for  every  thousand  weight,  and  sheep,  one  cent  for 
every  thousand  weight;  and  all  live  stock  not  required  to  be 
weighed,  the  sum  of  six  cents  for  every  thousand  weight. 

40.  He  shall  keep  a  full  record  of  all  weights  as  contained  i.ia.sec.  463. 
and  determined  by  him,  of  what  and  for  whom  the  same  may  to  keep  record 

•1J1  •Jj/»ii  Ll-         of  all  weights  ; 

be  80  ascertained  and  determined,  and  of  all  moneys  by  him  to  keep  account* 

•^  of  receipts   and 

received  as  weighmaster,  and  of  all  expenditures  and  disburse-  ^^j^','^"' to""''^ 
nients,  in  books  to  bo  provided  by  him  for  that  purpose,  which  ^'*'*' 
books  shall  belong  to  the  State,  and  shall  at  all  times  be  sub- 
ject to  the  inspection  and  order  of  the  Comptroller. 

41.  He  shall,  within  the  first  five  days  of  every  quarter,  1864,0.328. 
upon  his  oath,  taken  before  a  justice  of  the  peace  of  said  city,  weighmaster 

'  .        .  -1  'o  render  quar- 

make  a  full  statement  of  all  receipts  for  weighing,  and  from  teriy  account  to 

^  b         &'  UomptroUer. 

whom  received,  and  of  all  disbursements  by  him  made  to  the 
Comptroller,  and  shall  pay  over  to  said  Comptroller  all  bal- 
ances that  may  be  in  his  hands. 

42.  He  shall  number  the  pens  or  yards  under  his  care  used  p.  l.  l.,  art.  4, 

n  ••!•  1  1111  !•  •  1  ''^'--  ^^^' 

tor  receiving  live  stock,  and  shall  mark  in  conspicuous  places  to number 
on  the  fences  or  gates  thereof,  in  legible  figures,  the  number  of  ca'uie. 
of  cattle,  hogs,  or  sheep,  the  said  pens  or  yards  will  respectively 
contain. 

43.  He  shall,  when  receiving  any  live  stock  for  weighing  ibid, sec.ise. 
or  exposure  for  sale,  put  the  same  into  pens  or  yards,  the  to  put  cattle  in 

pens  without 

nearest  in  capacity  to  contain  the  respective  droves  ot   the  separating 

*  "^  "^  droves. 

different  owners  thereof,  and  shall  in  no  case  divide  and  put 
portions  of  the  same  drove  into  different  pens  or  yards,  unless 
such  division  be  actually  necessary  for  the  accommodation  of 
the  same,  or  to  effect  a  division  of  such  droves  among  the 
different  owners  thereof. 


492 


Inspections,  Weights  and  Measures. 


Article  XXVIII.— Statutes. 


1864,  c.  328. 

To  make  alter- 
ations in  pens, 
yards,  &c. 


Proviso. 


Proviso. 


Proviso. 


V.  S.  stock  to 
have  priority  in 
weighing. 


P.  L.  L.,  art.  4, 
sec.  468. 
May  impound 
for  weighing 
fees. 

Proviso. 


1874,  c  328. 
Clerk  or  assist- 
ant. 


44.  He  may  from  time  to  time,  as  experience  may  suggest, 
and  as  the  public  accommodation  and  convenience  may  seem 
to  require,  make  changes  and  alterations  in  the  arrangement 
of  the  pens,  yards,  alleys  and  appurtenances  thereof,  and  may, 
if  he  shall  deem  it  necessary  for  the  public  accommodation, 
erect  additional  cattle  scales ;  and  may  make  such  reasonable 
rules  and  regulations  to  be  observed  by  the  owners  or  other 
persons  presenting  live  stock  to  be  weighed,  in  the  use  of  said 
pens,  yards,  alleys,  scales,  or  appurtenances,  as  to  him  may 
seem  expedient ;  provided,  nevertheless,  that  no  rules  or  regu- 
lations shall  be  made  or  be  valid  which  shall  give  any  prefer- 
ence or  priority  to  any  owner  or  other  person  in  the  use  of  said 
pens,  yards,  alleys,  scales,  or  appurtenances,  or  in  the  order 
of  weighing  the  stock,  over  any  other  owner  or  person  whose 
stock  shall  prevjously  have  been  brought  in  to  be  weighed, 
and  shall  have  been  duly  reported  as  ready  to  be  weighed  ; 
provided,  however,  that  the  designation  of  the  pen  or  yard 
into  which  stock  shall  be  put  shall  not  be  considered  as  giving 
any  preference  or  priority  ;  and  provided,  also,  that  the  live 
stock  of  any  kind,  actually  belonging  to  the  government  of 
the  United  States,  or  brought  in  to  be  weighed  for  delivery 
to  the  said  Government  under  any  then  subsisting  contract, 
shall  always  be  entitled  to  be  weighed  in  preference  and 
priority  to  all  other  stock  belonging  to  private  parties,  or  which 
are  presented  to  be  weighed  for  delivery  under  private  contract. 

45.  He  may,  upon  failure  of  any  agent  or  owner  of  live 
stock  to  pay  for  weighing  the  same,  impound  any  number  of 
such  live  stock  he  may  deem  necessary  to  pay  or  cause  such 
fees  to  be  paid ;  provided  no  injury  be  done  to  said  stock  by 
confining  them  as  aforesaid,  and  that  they  be  delivered  to  the 
owner  or  his  agent  upon  payment  of  ail  just  and  proper 
charges. 

46.  He  may,  whenever  in  his  judgment  it  becomes  neces- 
sary for  the  public  accommodation,  employ  any  clerk  or  assist- 


Inspections,  Weights  and  Measures.  493 

Article  XXVIII.— Statutes. 

ant    weighmaster    permanently  or  temporarily,  and  fix  the  salary. 

compensation  of  the  same;  subject,  however,  to  the  approval 

of  the  Comptroller  ;  provided,  that  the  compensation  of  no  Proviso. 

employee  shall  exceed  the  sum  of  twelve  hundred  dollars  per 

annum. 

47.  He  shall  receive  an   annual  salary  of  two  thousand  i864,c.  328. 
dollars ;    and  all   the  salaries  shall   be  payable  monthly  out  salary  of 

.  weighmaateT, 

of  any  moneys  received  by  the  weighmaster  for  the   use   01  &c. 
the  State. 

48.  If  any  weighmaster  shall  omit  or  delay  to  weigh,  or  p. l. l,  art. 4, 
cause  to  be  weighed,  any  live  stock,  for  a  time  exceeding  penalty  lorde- 

j  .    ,    laying  to  weigh. 

twenty-four  hours  alter  he  shall  have  been  requested  to  weigh 
the  same,  he  shall  forfeit  and  pay  to  the  owner  of  such  live 
stock,  or  his  agent,  the  sum  of  ten  cents  an  hour  upon  each 
and  every  head  thereof  for  so  many  hours  as  he  shall  omit  or 
delay  to  weigh  the  same  over  and  above  the  term  of  twenty- 
four  hours,  Sundays  excepted,  to  be  recovered  in  an  action  of 
debt  before  a  justice  of  the  peace,  with  costs. 

49.  If  any  grazier,  drover,  or  other  person,  shall  sell  or  ibid,  sec.  47a. 
barter  any  beef  cattle  or  hogs  brought  for  slaughter  within  penalty  for 

•'  '^  -   I  •       n        selling   without 

the  corporate  limits  of  the  city  of  Baltimore,  or  within  live  being  weighed, 
miles  of  said  limits,  which  have  not  been  raised  or  grazed  one 
year  within  said  limits,  or  within  five  miles  of  the  same,  and 
which  have  not  been  weighed  by  said  weighmaster,  upon  proof 
and  conviction  thereof  before  any  judge  or  justice  of  the  peace, 
he  shall  forfeit  and  pay  a  sum  of  not  less  than  one  nor  more 
than  ten  dollars  for  each  and  every  head  of  cattle  or  hogs  so 
sold  or  bartered,  at  the  discretion  of  the  judge  or  justice,  and 
to  be  recovered  by  action  in  the  name  of  the  State  before  a 
justice  of  the  peace  or  court  having  jurisdiction  thereof,  one- 
half  to  the  informer,  and  the  other  half  to  the  clerk  of  said 
court  for  the  use  of  the  State. 


494  Inspections,  Weights  and  Measuees. 

Article  XXVIII.— Statutes. 

Ibid,  sec.  473.        50.     If  any  butcher  or  other  person  shall  purchase  any  beef 
Penalty  for       Cattle  or  hoi^s  brought  for  sale  within  the  corporate  limits  of 

buying  without        .  ,       .  ^ 

being  weighed,  gaid  city,  Or  witliin  five  miles  thereof,  which  have  not  been 
weighed  by  said  weighmaster,  he  shall  be  subject  to  the  penal- 
ties and  forfeitures  imposed  by  the  last  preceding  section, 

i864,c.  328.  51.     The  Police  Commissioners  of  Baltimore  City  shall  have 

Police  commis-  and  cxcrcisc  the  like  powers  and  authority  over  and  within  the 

sioners  have  .  .  o 

authority  over   promiscs  composing  State  cattle  scales,  the  pens,  yards,  alleys, 

scales  and  appurtenances,  as  if  the  said  premises  were  really 

situate  within  the  boundaries  of  Baltimore  city. 

18G4,  c.  328.  52.     The  weighmaster  of  live  stock  may  enlarge  the  grounds 

Grounds  may     uow  urovidcd  for  the  Weighing   live  stock,  and   may  for  that 

be  enlarged.  ^  »  n  t  J 

How  purchases  purposo,  purchasc  iu  the  name  and  on  behalf  of  the  State, 

shall  oe  made. 

such  additional  extent  of  grounds  as  the  public  wants  may,  in 
his  judgment,  require ;  and  may,  if  he  deems  it  expedient, 
sell  or  exchange  for  the  benefit  of  the  State,  such  portions  of 
the  ground  now  belonging  to  the  State,  and  purchase  for  said 
Proviso.  purpose;  provided,  that  no  such  sale  or  purchase  shall  be  valid 

or  efifectual  unless  and  until  the  same  shall  have  been  ap- 
proved by  the  Governor  and  Comptroller,  nor  shall  the  pur- 
chase money,  in  case  of  such  purchase,  or  any  part  thereof, 
be  paid  until  the  Governor  and  Comptroller  shall  be  satisfied 
as  to  the  sufficiency  of  the  title  or  titles  of  the  vendor  or  ven- 
dors, and  shall  sign  a  certificate  to  that  efiect,  to  be  filed  in  the 
office  of  the  Comptroller ;  and  in  case  of  any  such  purchase, 
the  purchase  money  therefor  shall  be  paid  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  upon  the  execution 
and  delivery  of  a  conveyance  therefor ;  and  in  case  of  such 
sale  the  purchase  money  therefor  shall  be  paid  to  the  Comp- 
troller; and  upon  such  payment  the  Comptroller,  on  behalf  of 
tlie  State,  shall  in  the  name  of  the  State  execute  and  deliver 
a  deed  therefor  to  the  purchaser  or  purchasers  thereof. 

1884,  o.  328.  53.     In  case  any  tort,  trespass,  or  other  wrong,  shall  be  done 

by  any  person  or   persons  whatever,  to  any  of  the  property 


Inspections,  Weights  and  Measures.  495 

Article  XXVIII.— Statutes. 

belonging  to  the  State,  and  composing  parcel  of,  or  appertain-  Proceedings  in 
ing  to  said  State  cattle  scales,  it  shall  be  the  duty  of  the  tr<?s pass.  *»;.' 
weighmaster  to  sae  for  the  same  in  the  name  of  the  State,  fi"^ 
plaintiff,  in  the  Superior  Court  of  Baltimore  City,  in  the  Court 
of  Common  Fleas  or  Baltimore  City  Court,  or  before  any  jup- 
tice  of  the  peace  of  Baltimore,  as  the  case  may  be;  and  no 
plea  shall  be  received  on  behalf  of  any  defendant  to  the  juris- 
diction of  said  court,  either  on  the  ground  that  the  locality  of 
the  tort,  trespass,  or  other  wrong  was  in  Baltimore  county,  or 
that  the  residence  of  said  defendant  was  in  some  part  of  the 
State,  other  than  Baltimore  city. 

54.  All  assaults,  riots,  or  other  criminal  acts  which  may  i884, c.  328. 
be  done  or  committed  on  the  premises  aforesaid,  shall  be  cog- Jurisdiction  of 

.,  Criminal  Court 

nizable  by  the  Criminal  Court  of  Baltimore,  in  the  same  man-  extended  over 

*'  premises. 

ner  as  if  the  same  had  been  done  or  committed  within  the 
limits  of  said  city.* 

MANURE. 

55.  A  cart  load  of  manure  shall  contain  forty  cubic  feet.f     iMd,  sec.  489. 

Contents  of 
load. 

OYSTERS. 

56.  All  oysters  in  the  shell,  disposed  of  in  the  city  of  Balti- 18>2.  (■•  is?; 

-'  ...  1874,  c.  221,  s.  1. 

more,  or  in  the  port  of  Crisfield,  or  at  any  oyster  packing  estab-  in  the  sheii. 
lishment  in  this  State,  shall  be  measured  in  an  iron  circular  Measurement, 
tub,  of  any  capacity  from  one  half  bushel  to  three  bushels,  as 
may  be  agreed  upon  between  the  buyer  and  seller,  said  mea- 
sure shall  contain  in  quantity  for  each  bushel  thereof  accord- 

*  The  act  of  1870,  c.  262,  authorized  the  State  weigher  of  live  stock  to  have 
erected  an  additional  live  stock  scale,  with  a  house  to  be  used  as  an  office, 
and  to  be  attached  thereto ;  the  said  scale  and  house  to  be  erected  on  the 
property  belonging  to  the  State  used  as  a  live  stock  yard.  The  act  of  1870, 
c.  223,  provided  for  improvements  in  vicinity  of  State  live  stock  scales. 

1 1862,  c.  19,  repealed  sections  486,  487, 488,  490,  491,  492  and  493  of  ar- 
ticle 4  of  Code  P.  L.  L.,  relating  to  the  Inspection  and  Measurement  of 
Manure. 


496 


Inspections,  Weights  and  Measures. 


Article  XXVIII.— Statutes. 


Licensed 
measurer. 


ing  to  the  following  dimension,  that  is  to  say,  sixteen  and  one- 
halt"  inches  across  from  inside  to  inside  at  the  bottom,  eighteen 
inches  across  from  inside  to  inside  at  the  top,  and  twenty-one 
inches  diagonal  from  the  inside  chime  to  the  top,  and  the  same 
shall  be  even  or  struck  measure.  All  oysters  in  the  shell  sold 
in  the  city  of  Baltimore  shall  be  measured  by  a  licensed 
measurer.  Any  person  may  obtain  a  license  therefor  from  the 
clerk  of  tlie  Court  of  Common  Pleas,  paying  therefor  ten  dol- 
lars, and  taking  an  oath  before  said  clerk  for  the  faithful  per- 
formance of  his  duty ;  said  license  shall  hold  good  for  one 
year.  A  measurer  shall  receive  for  his  services  one-half  cent 
per  bushel,  to  be  paid  equally  by  the  buyer  and  seller.  Any 
person  or  persons  violating  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  twenty  nor  more  than  fifty  dollars  for  each 
offence  and  imprisoned  until  the  fine  and  costs  are  paid. 


Penalty. 


Ibid,  s.  2. 

Measure  to  be 
inspected  and 
stamped. 


Penalty. 
Proviso. 


57.  The  measure  provided  for  in  the  preceding  section  shall 
be  inspected  and  stamped  by  the  proper  ofiicer  in  the  city  of 
Baltimore,  and  it  shall  be  unlawful  to  use  any  other  measure. 
Any  person  violating  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  more  than 
fifty  dollars  for  each  offence  and  imprisoned  until  fine  and 
costs  are  paid ;  provided,  however,  that  nothing  in  this  act 
shall  be  construed  to  apply  to  oysters  shipped  in  the  barrel  on 
any  steamboat  which  are  to  be  sold  in  the  barrel. 


STEAM  BOILERS. 


1879,  c.  153,  s.  1.      58.     The  Governor  shall  biennially  appoint  two  suitable  per- 
Governor  to  ap-  SOUS  who  are  wcU  skilled  in  the  construction  and  use  of  steam 

point  inspectors 

of  steam  boilers,  engiucs  and  boilcrs  and  in  application  of  steam  thereto,  whose 

duty  it  shall  be  to  inspect  steam  boilers  in  the  city  of  Balti- 

Duties.  more,  as  hereinafter  specified   and   directed  ;  said  inspectors 

Oath.  before  entering  on  their  duties  shall  make  oath,  before  a  justice 


Inspections,  Weights  and  Measures.  497 

Article  XXVIII.— Statutes. 

of  the  peace,  that  they  will  faithfully  perform  the  duties  of 
their  office  without  fear,  partiality  or  favor  ;  that  they  are  not, 
and  will  not  during  their  term  of  office,  be  connected  with  or 
interested  in  the  manufacture  of  steam  boilers,  engines  or 
machinery  applicable  thereto,  and  that  they  will  not  during 
their  term  of  office  accept  any  money,  gift,  gratuity  or  con- 
sideration from  any  person  or  persons,  and  shall  give  bond,  to  Bond, 
be  approved  by  the  Comptroller  of  the  State,  in  the  sum  of 
five  thousand  dollars  each,  for  the  faithful  discharge  of  their 
duties. 

59.  The  city  of  Baltimore  is  hereby  divided  into  two  dis-  iwds.  2. 
tricts,  which  shall  be  known  as  the  first   and  second  steam  citv  divWeu 

inio  districts. 

boiler  inspection  districts  ;  the  first  district  shall  embrace  what 

is  now  known  as  the  eastern  and  southern  police  districts ;  the 

second  shall  embrace  what  is  now  known  as  the  middle  and 

western  police  districts  of  said  city,  and  the  Governor  in  ap- Governor  to  as- 
sign districts. 

pointing  the  inspectors  shall  assign  each  to  his  respective  dis- 
trict. 

60.  The  inspectors,  before  entering  on  the  discharge  of  their  iwd,  s.  3. 
duties,  shall   provide  themselves  with  an  office  in  a  central  omoe.&c, of 

iniipector.s. 

part  of  said  city,  also  with  the  necessary  apparatus  and  appli- 
ances for  the  testing  of  steam  boilers,  and  they  shall  give 
notice  for  three  successive  days,  through  the  two  daily  papers  Notice, 
having  the  largest  circulation  in  said  city,  of  the  time  and 
manner  in  which  they  shall  receive  the  reports  of  the  locations 
of  steam  boilers. 

61.  Every  owner  or  renter  using  a  steam  boiler  or  boilers  iwd,  s.  4 

in  said  city  shall,  within  ten  days  after  the  publication  of  the  owner  or  renter 

•'  '  using  steam 

aforesaid  notice,  report  to  the  inspector  of  the  district  the  loca-  boiier  to  report 

'        ^  r  to  inspector. 

tion  of  such  boiler  or  boilers,  under  a  penalty  of  fifty  dollars  Penalty, 
for  each  day  a  boiler  is  used  and  neglected  to  be  reported. 

62.  The  inspector  of  each  district  shall  give  six  days'  notice  ibid,  s.  5. 
in  writing  to  each  owner  or  renter  of  a  steam  boiler  or  boilers,  inspector  to 

"  give  notice  of 

or  the  engineer  or  person  in  charge,  of  the  time  when  he  will  [j™'' "'  inspec- 


498  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 

inspect  such  boiler  or  boilers,  and  such  owner  or  renter  shall 
have  such  boiler  or  boilers  ready  for  inspection,  in  compliance 
with  the  requirements  of  said  notice,  and  shall  furnish  such 
assistance  as  the  inspector  may  require,  under  a  penalty  of 
Penalty.  fifty  dollars  for  such  failure  or  neglect,  and  a  further  penalty 

of  fifty  dollars  for  each  day  any  such  boiler  is  used  without  a 
certificate  of  inspection. 

Ibid,  s.  9.  G3.     It  shall  be  the  duty  of  each  inspector,  once  at  least  in 

Duties  of  in-  cvcry  year,  to  inspect  all  stationary  steam  boilers  of  three 
horse  power  and  upwards,  used  within  the  limits  of  his  district, 
subjecting  them  to  a  hydrostatic  test  of  at  least  twenty-five 
per  cent,  in  excess  of  the  steam  pressure  allowed,  and  satisfy 
himself,  by  a  thorough  external  and  internal  examination  (if 
possible)  with  a  hammer,  that  the  boilers  are  free  from  danger, 
from  corrosion  or  other  defects,  are  well  made  of  good  mate- 
rial, the  openings  for  the  passage  of  water  and  steam  respec- 
tively, and  all  pipes  and  tubes  exposed  to  heat  are  of  proper 
dimensions  and  free  from  obstruction  ;  that  the  flues  and  tubes, 
if  any,  are  circular  in  form,  the  furnaces  in  proper  shape,  and 
the  fire  line  of  the  furnace  is  at  least  two  inches  below  the 
minimum  water  line  of  the  boilers,  and  shall  also  satisfy  him- 
self that  the  safety-valves  are  of  suitable  dimensions,  sufficient 
in  number  and  well  arranged,  and  that  the  weights  are  properly 
adjusted  so  as  to  allow  no  greater  pressure  in  the  boiler  or 
boilers  than  the  amount  prescribed  in  the  certificate  of  inspec- 
tion ;  that  there  is  a  sufficient  number  of  gauge-cocks,  a  steam 
gauge,  a  coupling- cock  in  suitable  position  for  attaching  the 
hydrostatic  test,  that  means  for  blowing  out  are  provided,  so 
as  to  thoroughly  remove  the  mud  and  sediment  from  all  parts 
of  the  boilers,  when  they  are  under  the  pressure  of  steam,  and 
that  fusible  metals  are  properly  inserted  so  as  to  fuse  by  the 
heat  of  the  furnaces  when  the  water  in  the  boilers  shall  fall 
below  the  prescribed  limits,  and  that  adequate  and  certain  pro- 


Inspections,  Weights  and  Measures.  499 

Article  XXVITT.— Statutes. 

rision  is  made  for  an  ample  supply  of  water  at  all  times ;  when 
the  inspection  is  completed  and  the  inspector  approves  the 
boiler,  he  shall  make  and  subscribe  a  certificate  of  inspection,  certificate  or 

inspection. 

stating  the  condition  of  the  boiler,  the  number  of  years  or 
months  it  has  been  in  use,  and  the  pressure  of  steam  allowed  ;  Pressure  of 

,  steam. 

and  no  greater  pressure  than  that  allowed  by  the  certificate 
shall  be  applied  to  such  boiler,  in  limiting  pressure,  whenever 
the  boiler  under  test  will,  with  safety,  bear  the  same,  the  limit 
desired  by  the  owner  shall  be  the  one  certified,  and  such  cer- 
tificate of  inspection  shall  be  framed  under  glass,  and  kept  in 
sotne  conspicuous  place  on  the  premises  where  said  boiler  or 
boilers  referred  to  are  used  ;  and  if  the  inspector  shall  deliver 
or  cause  to  be  delivered  to  the  owner  or  renter  of  any  boiler  or 
boilers  a  certificate  of  inspection  without  having  first  subjected 
the  said  boiler  to  the  tests  as  herein  provided,  he  shall  forfeit  Penalty, 
his  bond,  and  upon  conviction  shall  be  removed  from  oflSce  by 
the  Governor. 

Gi.     In  addition  to  the  annual  inspection,  it  shall  be  theihid,s.r, 
duty  of  the  inspector  to  examine  all  boilers  within  the  limits  Funherduties 

of  inspector. 

of  their  respective  districts  once  at  least  in  every  three  months, 
and  if  deemed  necessary,  apply  the  hydrostatic  test ;  and  if  on 
such  examination  the  inspector  shall  find  evidence  of  deteriora- 
tion in  strength,  he  shall  revoke  the  certificate  and  issue  certificate, 
another,  assigning  a  lower  rate  of  pressure;  and  if  the  defect 
be  of  such  character  as  to  make  the  boiler  dangerous,  the  in- 
spector shall  notify  the  owner  or  renter  in  writing,  stating  in  Notice, 
the  notice  what  is  required,  and  order  the  use  of  the  boiler 
discontinued  until  the  necessary  repairs  are  made;  and  if  he  when  boiicrto 

.1  .,  1  .,  Ill  1  •  1     '!>      ^       be  discontinued. 

considers  it  beyond  repair,  he  shall  condemn  it;  and  it  the 
owner  or  renter  shall  refuse  or  neglect  to  comply  with  the 
requirements  of  the  inspector,  and  shall,  contrary  thereto,  and 
while  the  same  remains  unreversed,  use  the  boiler,  he  or  they 
shall  be  liable  to  a  penalty  of  not  less  than  one  hundred  dollars  Penalty, 
for  each  day  such  boiler  is  used,  and,  in  addition  thereto,  shall 


500  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 

be  liable  for  any  damage  to  persons  or  property  which  shall 
occur  from  any  defects,  as  stated  in  the  notice  of  the  in- 
spector. 

Ibid,  s.  8.  65.     Any  owner  or  renter  of  a  boiler  or  boilers,  who  shall 

Owner  or  renter  considcr  himsclf  affffrieved  by  the  action  of  the  inspector,  under 

aggrieved  may  _    ^ 

demand  re-       the  provisious   of    the    precedinff  section,   may,   within   ten 

examination.  *  r  o  i  j  ^ 

days  after  such  inspection,  notify  the  inspector  of  the  fact,  and 
demand  a  re-exaraination  of  thesaid  boiler  or  boilers,  the  owner 

Engineer,  &c.  or  renter  shall  select  a  practical  engineer,  who,  with  the  in- 
spector, shall  select  a  third  person,  skilled  in  the  manufacture 
and  use  of  steam  boilers,  which  said  two  persons,  after  taking 

Oath.  an  oath  as  reviewers,  shall,  together  with  the  inspector,  care- 

Finai  decision,  fully  examine  the  said  boiler  or  boilers,  and  the  decision  of  any 
two  of  these  shall  be  final  ;  should  the  decision  of  the  inspector 

Costs.  be  sustained,  the  said  owner  or  renter  shall  pay  the  expense  of 

such  review ;  but  if  it  be  reversed,  the  inspector  shall  restore 
the  certificate,  and  the  expense  of  the  review  shall  be  paid  by 
the  State ;  such  reviewers  shall  receive  five  dollars  for  each 
day  or  part  of  a  day  they  are  engaged  in  making  such 
review. 

Ibid,  8.0.  66.     Any  person  erecting  or  using  a  steam  boiler  or  boilers 

Using  boiler      without  having  the  same  inspected  by  the  inspector  of  the  dis- 

without  having       ..  i.ii  .ii.i  i-i  .  i  iiii 

it  inspected.  trict  in  which  the  said  boiler  or  boilers  is  or  are  located,  shall 
pay  a  fine  of  one  hundred  dollars,  and  fifty  dollars  for  each 
day  any  such  boiler  is  used  without  being  inspected  ;  and  any 
person  who  shall  alter  or  change  a  steam  guage  or  weight  on  a 
safety-valve  for  the  purpose  of  carrying  a  greater  pressure  of 
steam  on  a  boiler  than  that  allowed  by  the  certificate  of  inspec- 

Penaity.  tion,  shall  be  liable  to  a  fine  of  five  hundred  dollars ;  and  any 

owner  or  renter  of  a  steam  boiler  or  boilers,  who  shall  neglect 
or  refuse  to  place  his  certificate  of  inspection  on  the  premises. 

Penalty.  as  prescribed  in  section  63  hereof,  shall  pay  a  fine  of  five 

dollars  for  each  day's  refusal  or  neglecc. 


Inspections,  Weights  and  Measubes.  501 


Article  XXVIIL— Statutes. 


67.  The  inspector  shall  have  power  to  examine  the  engi- iwd,  s.  lo. 
neers  and  assistants  in  charge  of  boilers,  and  if  any  engineer  inspector  toex- 

....«  J.  .,  ,,.         -  .  amine  bngin- 

or  assistant  is  lound  incompetent  or  addicted  to  intemperance,  eers. 
the  inspector  shall  notify  the  owner  or  renter,  and  withdraw  when  cerua- 
the  certificate  of  inspection  until  such  engineer  or  assistant  is 
displaced. 

68.  Before  issuing  any  certificate  of  inspection,  the  inspec-  iwd,  s.  ii. 
tors  shall  demand  and  receive  from  the  owner  or  renter  of  the  inspectors' fees, 
boiler  or  boilers  as  a  compensation  for  the  inspection,  and  the 
examinations  to  be  made  during  the  year,  as  hereinbefore  pro- 
vided, the  following  sums :    For  every  boiler  of  ten  horse  power 

or  loss,  five  dollars ;  when  the  boiler  is  above  ten  horse  power, 
five  dollars  for  the  first  ten,  and  twenty-five  cents  additional 
for  each  horse  power  in  excess  of  that  number. 

69.  It  shall  be  the  duty  of  each  inspector  to  keep  a  correct  ibia.s.  is. 

record  of  the  locations  of  all  boilers  in  his  district,  when  each  inspector's  re- 
cord, 
boiler  was  inspected,  the  condition  of  the  same  at  the  time  of 

inspection,  the  instructions  given  to  the  engineers  in  charge, 
the  certificates  issued,  and  the  amount  of  steam  pressure  al- 
lowed in  each  certificate,  and  the  boilers  condemned  or  ordered 
to  be  repaired  ;  also  a  correct  account  of  all  money  received  or 
paid  out,  and  shall  report  the  same  annually  to  the  Com p- Report  to  state 

,,  1     ,        o  Comptroller. 

troller  of  the  State. 

70.  The  inspectors  shall  receive  an  annual  salary  of  fifteen  ibid.  s.  is. 

.  1874,  C.  9B. 

hundred  dollars  each,  and  all  moneys  collected,  after  deducting  inspectors'  sai- 
the  necessary  incidental  expenses  of  the  oflSce,  shall  be  paid  over  payments  into 

State  treasury. 

to  the  Treasurer  of  the  State. 

71.  Nothing  in  this  act  shall  conflict  with  the  ordinance  of  ibid,  s.  14. 
the  Mayor  and  City  Council  of  Baltimore  which  requires  their  Jonmct\Ath'or- 
permission  for  the  erection  of  steam  boilers  in  that  city.*  permission  for 

erecting  steam 
— boilers. 

*  See  p.  117,  ante. 


502  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 

1878,0.130,8.15.      72.     Any  owuer  or  renter  of  a  steam  boiler  or  boilers,  who 
Insurance  in      has  the  samo  Insured  in   a   boiler  insurance  company  doing 

boiler  insurance  ,  lo 

company.  busmcss  in  this  State,  in  comphance  with  tlie  laws  thereof,  and 
having  an  established  system  of  inspection,  must  immediately 
after  the  first  annual  inspection  in  each  year  of  such  insurance 
present  to  the  State  inspector  of  the  district  in  which  the  said 

Certificate  of     stcam  boilcrs  are  located  the  certificate  of  inspection   of  the 

inspection  from        .,  ,,  inii  i  i 

company.         said  compauy,  and   the  said   company  shall   be  charged   and 
Fees.  chargeable  with  a  fee  of  one  dollar  for  each  and  every  boiler  so 

inspected  and  insured,  which  shall  be  paid  to  the  State  inspec- 
tor with  such  certificate,  but  when  there  is  more  than  one 
steam  boiler  belonging  to  the  same  owner  or  renter  so  insured 
then  the  fee  so  chargeable  to  the  insurance  company  shall  be 
one  dollar  per  boiler  for  the  first  five,  and  one  dollar  for  each 
additional  five  or  fraction  thereof  over  and  above  the  first  five. 
Exemption.  thcu  the  Said  owner  or  renter  shall  thereupon  be  exempted 
from  the  requirements  of  this  section. 

1872,0.157,3.16.      73.     If  either  inspector  neglect  to  discharge  his  duties  as 
Neglect  of        prescribed  in  this  act,  he  shall  forfeit  his  bond,  and  shall  be 
removed  from  office  by  the  Governor. 

ibid.s.  17.  74.     The  Governor  shall  fill  all  vacancies  that  may  occur  as 

Vacancies.  SOOn  aS  pOSSiblc. 

Ibid,  8. 18  75.     All  fines  and  penalties  herein  imposed  shall  be  recover- 

Finesandpen-  able  by  indictiiicnt   before  the  Criminal  Court  of  Baltimore, 
How  recovered,  or  before  any  justice  of  the  peace  of  said  city,  in  the  name 
of  the  inspector,  for  the  benefit  of  the  State. 


WEIGHERS  OF  GRAIN. 

1872, c.  244, s,  1.      76.     The  Governor,  by  and  with  the  advice  and  consent  of 
Weighers  of      tlic  Scuatc,  shall  biennially  appoint  one  weiLcher- general  and 

grain  appointed  ^  .      .  .  .  , 

by  Governor,     fjye  assistaut  wcighcrs  of  grain  in  and  for  the  city  of  Baltimorej 


Inspections,  Weights  and  Measures.  503 

Article  XXVIII.— Statutes. 

who  shall  hold  their  office  for  the  period  of  two  years,  from  the  Termor  office, 
first  Monday  in   May  next    ensuing  their   appointment  and 
qualification,  and  until  their  successors  be  duly  qualified. 

77.  Every  weigher  of  grain  appointed  under  the  provisions  ibid,  s.  2. 
of  the  preceding  section,  before  he  proceeds  to  act  as  such,  oath. 
shall,  under  a  penalty  of  five  hundred  dollars,  take  and  sub- 
scribe the  following  oath,  in   addition  to  their  oaths  required 

by  the  constitution  and  laws,  to  wit:  "I,  A.  B.,  appointed 
weigher  of  grain  in  the  city  of  Baltimore,  do  swear  that  I  will 
diligently  and  carefully  weigh  all  grain  that  I  shall  be  called 
upon  to  weigh,  and  that  I  will  not  receive,  during  the  time  I 
hold  the  office  of  weigher-general,  or  weigher  of  grain,  any 
fee  or  reward  from  any  one,  directly  or  indirectly,  for  the  dis- 
charge of  my  duty,  and  that  I  will  not  buy  or  sell  any  grain,  or 
act  as  agent  for  any  one,  or  assist  in  the  buying,  selling  or  con- 
signing any  grain  for  any  one  during  the  time  I  shall  hold  the 
said  office ;  and  in  every  other  respect,  fairly  and  honestly, 
without  prejudice  or  partiality,  will  discharge  all  the  duties  of 
weigher  general,  or  weigher  of  grain,  to  the  best  of  my  skill 
and  judgment,  so  help  me  God." 

78.  The   weigher-general,  before  he  enters  upon  the  dis- ibid,  s.  3. 
charge  of  the  duties  of  his  office,  shall  give  bond  to  the  State  weigher-gen- 

,  .  Ill        /"I  oral's  boiiu. 

ot  Maryland,  with  two  securities,  to  be  approved  by  the  comp- 
troller, in  the  penalty  of  ten  thousand  dollars,  conditioned  for 
the  faithful  performance  of  the  duties  hereby  imposed  upon 
him. 

79.  Each  assistant   weigher  shall  give  bond  to  the  State,  ibid,  s.  4. 
with  two  securities,  to  be  approved  by  the  Comptroller,  in  the  AssiBtant 

,,.  ,  1,1,  •!  I'l  T"  ii        weigher's  bonl. 

penalty  ot  five  thousand  dollars,  with  a  like  condition  as  the 
bond  of  the  weigher-general. 

80.  In  the  event  of  failure  to  perform  any  duties  assigned  ibid,  s.  5. 
the  said  weighers  by  this  article,  the  said  bond  or  bonds  may  Failure  to  par- 
be  put  in  suiti,  by  order  of  the  Comptroller,  for  the  benefit  of 


504  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 

the  State,  and  judgment  rendered  thereon  as  on  other  official 
bonds. 

Ibid,  s.  6.  81.     All  grain  arriving  in  the  city  of  Baltimore  must  be  re- 

what  Kiain  to    Dortcd  to  the  grain  weighers'  office,  whether  by  steamers,  sail  ves- 

be  reported  to      '^  &  &  >  J  J 

office  ''"^''^'^'^  S6ls  of  all  descriptions,  barges,  or  canal  boats ;  and  it  shall  be  the 
weigher-ReH-    dutv  of  the  weigher-gcncral  of  grain  to  have  weighed  all  grain 

eral's  duties.  "'^  .        ?  .  . 

carried  to  said  citj  for  sale,  except  grain  carried  to  the  city  on 
Proviso.  wagons,  carts,  railroad  cars,  or  through  elevators  ;*  provided, 

however,  all  grain  sent  to  said  city  must  be  weighed  by  said 
weigher-general,  if  the  owners  of  said  grain  shall  request  it  to 
be  weighed  by  him.  It  shall  be  the  duty  of  the  weigher-gen- 
eral to  proceed  to  weigh  all  grain  within  at  least  two  hours 
after  the  same  is  reported,  and  continue  weighing  until  the 
weighing  is  completed;  and  for  every  failure  to  comply  with 
this  provision,  the  said  weigher-general  shall  be  liable  to  a 
Penalty.  penalty  of  twenty  dollars,  to  be  recovered  before  any  justice  of 

the  peace  in  Baltimore  city,  one-half  of  the  fine  to  go  to  the 
informer,  and  the  other  half  to  the  State;  the  suit  to  be 
brought  in  the  name  of  the  State.  If  any  grain  shall  be 
brought  by  water  to  Baltimore  for  sale  in  bags,  the  said 
weighers  shall  weigh  the  said  grain  on  board  the  vessel  or 
steamboat  without  removing  it  from  the  bags,  if  the  buyer  and 
seller  shall  mutually  agree. 

Ibid,  8. 7.  82.     The  weigher-general  shall  keep  an  office  in  some  sta- 

office  of  weigh- tion  in  the  city  of  Baltimore  convenient  to  the  wharves  or 

•er-general. 

place  where  the  trade  in  grain  is  chiefly  carried  on,  and  shall 

be  in  said  office,  except  when  upon  duty  weighing  grain,  from 

Office  hours,      eight  o'clock,  A.  M.,  until  five  o'clock,  P.  M.,  ready  to  receive 

*  The  Court  of  Appeals  in  QiU  &  Fisher  v.  (7a<jy,  weigher-general,  June 
28, 1878,  held  :  that  the  Legislature  intended  by  this  section  to  except  from 
the  operations  of  this  act  all  grain  carried  by  water  to  Baltimore  for  sale, 
and  carried  there  througli  the  elevator.  It  must  have  been  known  to  them 
that  when  so  carried  through  the  elevator,  the  grain  would  be  accurately 
weighed  by  a  fair  and  impartial  person,  standing  between  the  buyer  and 
seller.    The  elevators  at  Locust  Point  and  Canton  are  referred  to. 


Inspections,  Weights  and  Measures.  505 

Article  XXVIII.— Statutes. 

all  applications  for  weighing  and  tneasiiring,  and  to  hear  and  Duties, 
determine  all  controversies  between  the  buyer  and  seller  in 
relation  to  grain  bought  or  sold,  as  hereinafter  provided,  and 
in  case  of  sickness  or  inability  to  attend  in  said  office  at  any 
time,  he  shall  appoint  some  one  of  the  other  weighers  to  at- 
tend to  his  duties  in  his  absence.  . 

83.  The  weigher-general,  whenever  application  shall    beibid.s.  s. 
made  to  him  by  any  party  interested  in  any  grain  to  have  the  Application  to 
same  weighed  and  measured,  shall  proceed  in  person,  or  direct 

some  one  of  the  assistant   weighers  to  proceed  at  once  and 
weigh  the  same. 

84.  The  weigher  shall  carefully  weigh  and  determine  the  ibi<i,  s.  9. 
weight  of  all  grain,  and  for  that  purpose  shall  procure,  at  his  weights  and 
own  expense,  suitable  weights  and  scales  for  that  purpose. 

85.  No  weigher  shall  weigh  any  grain  after  it  has  been  ibid,  s.  10. 
once  sold  and  delivered  on  its  arriving  in  said  city,  nor  shall  Grain  sold  and 

delivered* 

he  during  his  continuance  in  office  buy  or  sell,  either  directly  Not  to  be  inter- 
or  indirectly,  or  receive  any  grain  by  way  of  barter,  loan  or 
exchange,  or  in  any  way  intermeddle  witii  or  busy  himself  in 
procuring  to  be  sold  or  consigned  to  any  merchant,  or  in  load- 
ing any  ship  or  vessel  with  grain,  except  the  proper  grain  that 
may  have  been  grown  by  the  said  weigher,  under  the  penalty  of 
two  dollars  for  every  bushel  so  bought  or  sold,  and  upon  con-  Penalty. 
viction  for  the  offence  he  shall  be  dismissed  from  his  office. 

86.  If  any  weigher  shall  accept  or  receive,  directly  or  in-  ibid,  s.  11. 
directly,  any  grautuity  or  reward  for  anything  done  by  him  in  Gratuity  or  re- 
pursuance  thereof,  other  than   what  is  hereinafter  allowed  as 

his  compensation,  he  shall,  upon  conviction,  forfeit  the  sum  of 

one  thousand  dollars,  and  ever  after  be  incompetent  to  hold  penalty. 

the  office  of  weigher  under  the  laws  of  this  State. 

87.  Each  weigher  shall  make  a  daily  return  to  the  weigher-  ibid,  $.  12. 
general  of  the  number  of  bushels  of  grain  weighed  by  him,  petum  to 

"  weii^her-gen- 

and  the  weigher-general  shall  make,  or  cause  to  be  made,  an  erai. 


506  Inspkctions,  Wkights  and  Meabukes. 

Article  XXVIII.— Statutes. 

Record.  eiitrj  of  the  same  in  a  well-bound  book,  showing  the  number 

of  bushels  weighed  and  measured  for  each  person,  and  the  said 
Feesof  weiKher-  wcigher-genoral  shall  charge  and  receive  one- fourth  cent  per 
measurer.  buslicl  for  Weighing,  and  shall  charge  one-fourth  cent  per 
bushel  for  measuring ;  said  one-fourth  cent  per  bushel  for 
measuring  shall  be  paid  by  the  seller  to  the  measurer,  and  the 
first  named  aforesaid  one-fourth  cent  per  bushel  for  weighing 
shall  be  paid  by  the  purchaser  to  the  weigher-general. 

ibid.s.  13.  88.     The  weigher  general  shall  make  a  return  on  the  first 

Weigher  gen-    dav  of  cvcry  month,  or  within  ten  days  thereafter,  to  the  Corap- 

eral's  return  to  "  [  ^ 

the comptroUer.  trollcr,  Verified  by  affidavit  before  some  justice  of  the  peace, 
of  the  number  of  bushels  of  grain  weighed  and  the  amount  of 
money  received  therefor,  and  shall  pay  the  amount  thereof, 
after  deducting  necessary  office  rent  and  the  payment  of  the 

Clerks.  wagcs  of  uot  morc  than   two  clerks,  at  a  salary  of  not  more 

Salaries.  than  six  huudrcd  dollars  per  annum  for  each,  to  the  treasurer 

treasurer.         upou  the  Warrant  of  the  Comptroller. 

Ibid,  8. 14.  89.     The  treasurer,  upon   the  warrant  of  the  Comptroller, 

Allowance  to     shall  allow  and  pay  over  to  the  weigher-general  and  the  other 

weigher-gen-  .  /•  i 

erai  and  assist-  wcighcrs  oneiourtli  ceut  per  bushel  upon  all  grain  weighed  by 


ants. 


Proviso.  them,  provided,  the  same  shall  not  amount  to  more  than  two 

Not  to  exceed    tliousaud  doliars  in  the  aggregate  for  any  one  year  for  the 

what  sum.  .      . 

weigher-general,  and  the  sum  of  sixteen  hundred  dollars  for 
each  weigher,  it  being  intended  hereby  not  to  pay  said  officers 
in  gross  more  than  two  thousand  dollars  to  the  weigher-gene- 
ral and  sixteen  hundred  dollars  to  each  assistant. 

/Did, sub-sec.  1.      90.     Said  weighers  shall  carefully  weigh  one  bushel  in  every 
Mode  of  weigh-  sixty  of  whcat,  and  one  bushel  in  every  one  hundred  of  corn, 

ing, 

rye  and  oats,  for  the  purpose  of  ascertaining  the  average 
weight  of  the  cargo  or  parcel  of  grain,  and  that  in  weighing 
grain  sold,  it  shall  not  be  necessary  to  measure  sixty  bushels 
of  wheat,  or  one  hundred  bushels  of  other  grain,  before  taking 
a  draft  for  weighing;  but  it  shall  be  the  privilege  of  either 


Inspections,  Weights  and  Measures.  607 

Article  XXVIII.— Statutes. 

party,  at  any  stage  of  the  delivery  of  the  grain,  to  require  that 
any  intermediate  draft  shall  be  weighed,  and  if  each  party 
shall  have  caused  an  intermediate  draft  to  be  weighed,  the 
average  weight  of  the  two  drafts  shall  be  taken  as  the  accurate 
weight  of  the  said  sixty,  or  one  hundred  bushels,  as  the  case 
may  be,  and  in  case  only  one  of  the  parties  shall  require  an 
intermediate  draft  to  be  weighed,  then  the  average  of  the  said 
intermediate  draft  and  the  weigher's  draft  shall  be  taken  as 
the  weight  of  said  sixty  bushels,  as  the  case  may  be. 

91.  The  term  grain  used  in  this  article  shall  be  construed  ibid.snb-sec  2. 
to  mean  wheat,  rye,  oats,  corn,  buckwheat,  and  barley,  and  the  Mpaningof 
standard  weight  of  wheat  shall  be  sixty  pounds  to  the  bushel ;  standard 

rye  and  corn   eaoh  fifty-six  pounds  to   the  bushel,  and  oats 

twenty-six  pounds  to  the  bushel ;  buckwheat  forty  eight  pounds 

to  the  bushel,  and  barley  forty-seven  pounds  to  the  bushel ; 

and  in  all  contracts  hereafter  made,  a  bushel  of  either  of  said  contracts. 

articles  shall  be  determined  by  the  said  weights  respectively, 

unless  the  parties  to  any  such  contract  shall  otherwise  expressly 

stipulate. 

92.  The  amount  to  be  so  paid  under  the  warrant  of  the  iwd, subsec  3. 
Comptroller  of  the  treasury  to  the  weigher-general  and  weigh-  Amount  paid 

...  I   .    1  11-     "°*  '"  exceed 

ers,  and  tor  any  other  expenses  which  may  accrue  under  this  prain  weighing 
act,  shall  not  exceed  the  amount  to  the  credit  of  the  weighing 
fund,  as  provided  by  law,  and  if  there  shall  not  be  in  the 
treasury,  to  the  credit  of  said  grain  weighing  fund,  a  sufficient 
sum,  after  paying  the  expenses  incurred  under  this  act,  to  pay 
in  full  the  said  salaries  of  the  said  weigher  general  and 
weighers,  then  ratable  deduction  shall  be  made  between  the  Deduction, 
said  weigher-general  and  said  weighers. 

93.  If  either  the  weigher-general,  or  any  assistant  weigher,  ibid,  s.  is. 
shall  fail  or  refuse  to  make  the  report  and  pay  over  the  money  Failure  to  re- 
required  of  them  by  this  article,  or  shall  make  a  false  report, 

on  complaint  of  the  Comptroller  to  the  (Tovernor  (and  it  is 


508 


Inspections,  Wegihts  and  Measures. 


Article  XXVIII.— Statutes. 


hereby  made  his  duty  to  complain  whenever  either  of  said 
officers  shall  fail  to  do  their  duty,)  the  governor  shall  forthwith 
suspend  him  from  office,  and  he  shall  remain  suspended  uutil 
he  complies  with  the  provisions  of  this  article ;  and  if  the 
weigher-general  shall  fail  to  comply  for  two  weeks  after  the 
time  provided  by  this  article,  he  shall  be  dismissed  from  office. 


Penalty. 

Ibid,  s.  16. 
False  return. 
Penalty. 

Ibid,  s.  17. 


94.  If  the  weigher-general,  or  any  assistant  weigher,  shall 
make  a  false  return,  either  in  amount  of  weights  or  money 
received  and  paid  over,  he  shall  be  liable  on  his  bond,  and  be 
ever  afterwards  incapable  of  holding  any  office  under  the 
grain  laws  of  this  State. 

95.  The  Comptroller  shall,  whenever  the  weigher-general 

uomptroUer's    shall  fail  to  make  the  return  to  the  treasurer  herein  before  re- 
duty  on  failure  .        ,  ,  ,.  i  •     i  i  i       <-,  i      »  <•         i 

of  return.         qun'cd,  sond  a  copy  or  his  bond  to  the  otate  s  Attorney  tor  the 
Bond  to  be  put  City  of  Baltimore  to  put  in  suit ;    whose  duty  it  shall  be  to 

proceed  thereon  for  the  speedy  recovery  of  the  penalty  thereof, 

as  upon  other  official  bonds. 

Ibid,  8. 18.  96.     The   treasurer  shall  open  an  account  with  the  grain 

Treasurer's  ac-   Weighing  fund,  and  Credit  to  said  account  or  fund   all  money 

count  with  .i-i  ii  •    ■<  iji  i 

grain  weighing  paid  into  the  trcasury  by  the  weigher  general,  and  the  surplus 
of  fees  that  may  hereafter  be  received  from  any  weigher  hold- 
ing office  under  the  provisions  of  any  other  law,  and  pay  the 
amounts  directed  by  law  to  be  paid  thereout,  and  charge  them 
to  said  fund,  and  shall  invest  the  balance  remaining  in  the 
treasury  to  its  account  for  the  benefit  of  said  fund,  to  be  here- 
after disposed  of  under  the  direction  of  the  General  Assembly 
of  Maryland,  for  buildidg  a  warehouse  or  warehouses  in  the 
city  of  Baltimore  for  the  accommodation  of  the  grain  trade 
of  this  State. 


Grain  ware- 
houses in  Balti- 
more. 


Ibid,  8.19,  97.     The  weigher-general  may  appoint  as  many  assistants, 

Assistants  to  wcighcrs  and  measurers  of  grain  as  the  demands  of  trade  re- 
weigher-gen-  ,                 •  1    1   •      1    11 
erai.  quirc,  and  fix    their  compensation  ;  provided  it  shall  not  be 

Proviso.  more  than  one  fourth  of  a  cent  a  bushel,  one  half  to  be  paid 


Inspections,  Weights  and  Measdres.  509 

Article  XXVIII.— Statutes. 

by  the  buyer  and  the  other  half  by  the  seller,  and  may  dismiss  Neglect  of  duty, 
them  for  neglect  of  or  improper  discharge  of  duty,  but  before 
said  measurers  shall  perform  any  duty,  each  shall  take  an  oath  oath. 
before  some  justice  of  the  peace  for  the  faithful  and  impartial 
performance  of  the  duties  of  the  office. 

98.  No  person  except  those  appointed  under  this  article  iwd,  s.  20. 
shall  weigh  or  measure  any  grain  in  the  city  of   Baltimore  Noi^rsnut.! 

1  •  p  -iiii-i  11        weigh  grain  ex- 

that  may  arrive  for  sale,  as  provided  by  this  law,  under  the  cept  those  ap- 
penalty  of  twentj'-five  dollars  for  every  offence,  to  be  recovered  Penalty, 
in  the  name  of  the  State,  for  the  use  of  the  informer,  before 
any  justice  of  the  peace  for  the  city  of  Baltimore. 

99.  The  weigher-general  and  the  assistant  weighers  to  be  ibid,  a.  si. 
appointed   by  virtue  of  this  act,  unless  prevented  by  sickness  to  attend  to du- 

,,.,.  Ill  1  1.  .  ...  ties  in  per.son- 

or  inability,  shall  attend  to  their  respective  duties  in  person, 

and  not  by  deputy,  under  a  penalty  of  five  hundred  dollars,  penalty. 

one-half  to  go  to  the  informer,  and  the  other  to  the  State. 

100.  All  receipts  for  grain   deposited  or  stored  in  any  ele- ia74,  c.  303. 
vator,  or  place  of  storage  connected  therewith,  in  this  State,  Kiev atorre- 
aiid  known  in  trade  as  elevator  receipts,  shall  henceforth,  for  all  *^*'''  *' 
purposes  of  sale  or   other  disposition  whatsoever,  be  held  to 

invest  and  imply  title  to  such  grain  in  the  persons  to  whom, 
or  to  whose  order  such  receipts  shall  have  been  issued,  and  to 
vest  and  imply  absolute  title  in  all  subsequent  holders  to  whom 
such  receipts  shall  have  been  passed  by  or  under  any  contract 
or  transfer,  valid  and  honafde  as  between  the  parties  thereto. 

WOOD  CARTS. 

101.  The  Governor  shall  biennially  appoint,  by  and  with  i878,c.  isa,  s.  1. 
the  consent  of  the  Senate,  one  competent  person,  whose  duty  Appointment  of 

measurer  of 

it  shall  be  to  measure  and  stamp  all  carts  or  vehicles  engaged  vehicles  haui- 

•  00        jng  cord  wood. 

in  hauling  cord  wood  from  wharf  and  yard  within  the  cor- 
porate limits  of  the  city  of  Baltimore;  and  it  shall  further  be 
the  duty  of  the  said  measurer  to  measure  and  stamp  all  carts 


510  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 

or  vehicles  engaged  in  hauling  sawed  and  split  wood,  for  the 
purpose  of  selling  the  same  within  the  corporate  limits  of  the 

Deputies.  citj  of  Baltimore ;  the  said  measurer  to  have  power  to  appoint 
deputies  if  he  should  find  it  necessary  to  facilitate  the  work ; 
the  said  measurer  or  his  assistants  to  give  certificate  to  the 
owner  or  owners  of  said  carts  or  vehicles,  which  shall  hold 
good  for  one  year  from  date ;  all  such  certificates  to  terminate 
on  the  first  day  of  May  annually,  and  shall  be  applied  for  on 
said  day,  or  within  thirty  days  thereafter,  and  in  all  cases 
where  said  certificate  shall  not  have  been  renewed  within  the 
thirty  days  aforesaid,  a  new  certificate  shall  be  necessary,  to  be 
dated  and  paid  for  from  the  first  day  of  May,  as  in  case  of  re- 
newal, unless  some  repairs  or  alteration  be  necessary  to  change 

Fees.  the  same,  for  which  services  he  shall  receive  the  sum  of  one 

dollar  for  each  cart  or  vehicle  so  inspected  and  marked  by  him, 
to  be  paid  by  the  party  at  whose  request  the  services  were 
performed  ;  the  said  measurer  or  his  deputies  to  be  in  no  way  in- 
terested as  clerks,  or  otherwise  engaged  in  the  purchase  or 
sale  of  firewood,  other  than  for  his  own  use. 

1876,0.46,3.2.       102.     The   said    measurer  or  his  deputies,  before  entering 
o.th.  upon  their  duties  of  oflice,  shall  take  the  following  oath  or 

afiirmation,  as  the  case  may  be,  before  some  justice  of  the 
peace:  "I  do  solemnly  swear  or  aflirm  that  I  will  faithfully, 
truly  and  impartially,  according  to  the  best  of  my  skill  and 
judgment,  execute  and  perform  the  ofiice  and  duty  of  measurer 
of  carts  according  to  the  true  intent  and  meaning  of  this  act, 
so  help  me  God." 

1878,  c.  183,  s. 3.      103.     Said  measurer  shall  locate  himself  in  some  suitable 
Location  of       scctiou  of  the  city  where  he  can  be  found,  where  the  greatest 

measurer.  ./.  -i    •     n  ii  •  ^  i-i 

quantity  of  wood  is  tor  sale ;  the  said  measurers  to  plainly 
Mark  on  carts,  mark,  by  a  brand  on  the  standards  of  each  side  of  said  carts 
or  vehicles,  in  such  a  manner  as  that  the  purchaser  or  con- 
sumer of  firewood  may  see  the  quantity  contained  in  each 
eighth,  quarter,  half  or  cord  of  wood  so  purchased  by  them, 


Inspections,  Weights  and  Measures.  511 

Article  XXVIII.— Statutes, 
the  standard  of  measurement  to  be  one  hundred  and  twenty-  standard  of 

,  measurement. 

eight  cubic  feet  to  the  cord,  oi  well  stowed  and  packed  cord- 
wood,  or  one  hundred  and  eighty  cubic  feet  of  sawed  and  split 
wood. 

104.  If  any  owner  of  a  cart  or  vehicle  to  be  used  in  haul-  ibia,  s.  4. 
ing  firewood  in  the  city  of  Baltiniore  shall  neglect  to  have  Rerusiiij;  to 

have  cart  in- 

such  cart  or  vehicle  so  inspected,  and  if  any  carter  or  person  spt'cted;  or 

*  *'  *  alterin;;  marks 

shall  alter  the  marks  of  said  carts  or  vehicles  after  the  same  ""^  ™''*'"""''" 

mont. 

has  been  so  inspected,  or  shall  alter  the  measurement  of  said 
firewood  by  increasing  or  taking  from  the  same,  or  neglect  to 
have  said  carts  or  vehicles  stamped,  as  provided  for  in  this  act, 
by  the  first  day  of  June  of  each  year,  or  any  dealer  selling  the 
aforesaid  cord  or  sawed  and  split  wood  to  any  cart  or  vehicle 
not  properly  stamped  by  the  measurer  or  his  deputies,  provided 
for  by  this  act,  he  or  they  shall  be  subject  to  the  penalty  of 
five  dollars  for  each  offence,  to  be  recovered  as  small  debts  are  Pentity. 
now  recovered,  before  some  justice  of  the  peace,  for  the  use  of 
the  city  of  Baltimore. 

105.  In  case  of  dispute  between  the  purchaser  and  seller  ibid,  s.  5. 
of  any  lot  of  firewood  the  measurer  or  his  deputy,  appointed  Dispute  be- 

,  ,  .  ,  ,  .  ,  .  ,  tween  purchaser 

under  this  act,  may  act  as  arbitrator  between  said  parties,  and  and  seller, 
'his  decision  shall  be  final,  for  which  service  he  shall  receive  Measurer  to 

4.1  i»      •  J  f  ^  1        '  1  arbitrate. 

the  sum  ot  six  and  a-quarter  cents  for  each  cord  ot  wood  so  Fee. 
inspected  and  measured  by  him,  to  be  paid  by  the  party  or 
parties  at  whose  request  said  service  was  performed,  the  said 
measurer  or  deputy  to  give  a  certificate  of  the  number  of  cords  certificate. 
contained  in  each  lot.* 


As  to  wood  on  wharves,  see  sees.  44-46,  p.  326,  ante. 

*  The  acts  of  1876,  c.  46,  and  1878,  c.  183,  are  legislative  enactments  of 
the  ordinances  Nos.  77,  June  17,  1872,  and  42,  June  2,  1874,  which  ordi- 
nances, Brown,  C.  J.,  decided  in  Deans  v.  Mayor^  &c.,  in  City  Court,  Dec, 
1874,  were  passed  by  the  Mayor  and  City  Council  without  authority,  as 
their  power  in  the  premises  was  abrogated  by  the  act  of  1870,  c.  418. 


512  Inspections,  Weights  and  Measures. 

Article  XXVIII.— Statutes. 


CITY  INSPECTIONS. 
P.  L.  L., art.  4,       106.     The  Mavor  and  City  Council  may  pass  ordinances  to 

ssc.  28.  II.  •  •    1   •  1  • 

Power  to  pass    cstablisli  andregulatc  inspections  within  the  city,  subject  to 

ordinances  reg-  c  -i  f     j        c\ 

mating inspec-  the  prcscnt  or  any  luture  laws  ot  the  btate. 

tions  in  city. 

WEIGHTS  AND  MEASURES. 

P.  L.  L.,  art.  4,  107.  The  Mayor  and  City  Council  shall  pass  such  ordi- 
corporation  to  uanccs  as  will  make  the  standard  of  weights  and  measures 
coniorm  to  State  tlic  Same  iu  the  city  of  Baltimore  as  in  the  rest  of  the  State.* 

standards. 

*  The  following  is  Art  96  of  the  Public  General  Laws,  regulating  Weights 
and  Measures  throughout  the  State : 

1.  The  standards  for  weights  and  measures  in  this  State,  except  as  other- 
wise provided  in  this  article,  shall  be  such  as  are  used  at  the  custom  house 
in  the  city  of  Baltimore. 

2.  The  county  commissioners  of  each  county  shall,  except  where  other- 
wise directed  by  the  local  law,  on  or  before  the  first  day  of  May  in  each 
year,  appoint  some  person  as  keeper  of  the  standards  of  weights  and  mea- 
sures, who  shall  safely  keep  and  preserve  the  same,  and  when  required, 
deliver  them  to  the  county  commissioners,  or  to  such  person  as  they  may 
appoint  to  receive  the  same,  and  who  shall  perform  the  several  duties  pre- 
scribed by  this  article. 

3.  The  person  so  appointed  shall,  before  he  enters  upon  the  duties  of  his 
office,  give  bond  to  the  county  commissioners,  in  the  penal  sum  of  five  hun- 
dred dollars,  conditioned  for  the  faithful  discharge  of  all  the  duties  apper- 
taining to  his  office. 

4.  All  weights  and  measures  used  in  this  State  in  the  vending  of  articles 
shall  be  inspected  by  the  said  standard  keeper  for  the  county,  once  in  every 
year,  under  a  penalty  not  exceeding  twenty  dollars,  to  be  paid  by  the  per- 
son owning  or  using  the  same,  and  when  adjusted,  shall  be  by  the  standard 
keeper  branded,  marked  or  stamped  with  the  letters  M.  S.,  meaning  thereby 
Maryland  standard,  in  such  manner,  and  on  such  parts  of  such  weights  and 
measures  as  in  his  judgment  will  be  most  lasting  and  efi'ectual  in  preventing 
fraudulent  practices  or  impositions  in  the  use  thereof. 

5.  The  weights  and  measures  so  examined,  branded  or  stamped,  and  no 
other,  shall  be  used  within  this  State  in  the  vending  of  such  articles  as  are 
directed  by  law  to  be  or  are  usually  sold  by  weight  or  measure,  under  a 
penalty  of  twenty  dollars,  and  all  articles  sold  within  this  State  shall  be  sold 
by  said  weights  or  measures  under  the  like  penalty. 


Inspections,  Weights  and  Measuees.  513 


Article  XXVIII.— Statutes. 


108.     They  may  regulate  and  fix  the  assize  of  bread,  and  ibiu,  sec.  943. 
regulate  and  establish  the  size  of  bricks  that  are  to  be  nsed  in  to  regi.iate 
the  houses  to  be  built  in  said  city.  and  size  of 

bricks. 


as. 
bread 


6.  All  scale-beams  used  in  the  vending  of  articles  in  this  State  shall  be 
inspected  and  stamped  by  the  keeper  of  the  standards  of  weights,  as  weights 
are  directed  to  be  stamped,  and  any  person  using  scale-beams  in  this  State 
not  stamped,  as  herein  directed,  shall  forfeit  and  pay  a  sum  not  exceeding 
twenty  dollars  for  each  offence. 

7.  The  keepers  of  standards  of  weights  and  measures  shall  attend  at  the 
different  markets,  towns  and  villages,  in  the  county  for  which  they  shall 
respectively  be  appointed,  at  least  once  in  each  year,  and  at  the  diflfereut 
public  inspecting  warehouses  in  the  said  counties  at  least  twice  in  each  year, 
on  some  certain  days  to  be  appointed  by  the  county  commissioners,  of  which 
days  public  notice  shall  be  given  by  advertisements  inserted  in  scnne  one  or 
more  newspapers  in  the  counties  in  which  there  may  be  such  paper  printed, 
and  also  by  advertisements  set  up  at  some  conspicuous  place  in  the  said 
markets,  warehouses,  villages  and  towns,  and  shall  inspect  and  adjust  all 
beams  and  scales,  weights  and  measures,  used  or  intended  to  be  used  in  the 
said  county. 

8.  Each  keeper  of  standards  shall  keep  a  book  in  which  he  shall  register 
the  names  of  the  pei-sons  whose  beams  and  scales,  weights  and  measures,  he 
has  adjusted,  together  with  the  day  of  the  month  and  year,  and  the  number 
and  description  of  the  same  so  adjusted,  which  book  he  shall  submit  to  the 
inspection  of  the  county  commissioners  once  in  each  year,  or  oftener  if  re- 
quired. 

9.  If  any  person  shall  neglect  or  refuse  to  have  his  beams  and  scales, 
weights  and  measures,  inspected  and  adjusted  as  herein  directed,  when  re- 
quired to  do  so  by  the  proper  officer,  he  shall  forfeit  and  pay  five  dollars  for 
every  day  during  such  delinquency. 

10.  If  any  standard  keeper  shall  be  informed  or  have  reason  to  suspect 
that  any  person  is  using,  or  has  in  his  possession  with  a  fraudulent  intention, 
any  false  beams,  scales  or  measures,  he  shall  examine  the  same,  and  if  he 
find  them,  or  any  of  them,  to  be  false,  he  shall  seize  the  same  as  a  forfeiture, 
and  adjust  and  sell  them  at  public  auction,  and  shall  annually  return  a 
statement  of  the  money  received  therefor  under  oath  to  the  county  commis- 
sioners. 

11.  If  any  weight  or  measure  which  shall  have  been  branded  or  stamped, 
as  herein  required,  shall  be  broken,  injured,  altered,  or  changed,  or  con- 
demned by  the  standard  keeper,  and  shall  be  found  thereafter  in  the  use  of 
any  person  within  this  State,  such  person  shall  forfeit  and  pay  twenty  dol- 
lars for  each  offence. 

12.  Each  standard  keeper  shall  receive  sucli  compensation  for  the  dis- 
charge of  his  duties  as  the  county  commissioners  shall  think  proper  to  allow. 


514  Inspections,  Weights  and  Measures. 


Article  XXVIII. — Ordinances. 


ORDIN A  NCES  . 

1 .  The  sections  330  to  353  of  Art.  IV  of  the  Public 
Local  Laws  City  of  Baltimore,  and  the  Act  of  1864,  c.  254, 

which  shall  be  levied  on  the  assessable  property  of  the  county  and  collected 
as  other  county  charges. 

13.  Whenever  any  standard  keeper  shall  be  applied  to,  to  adjust  scales, 
weights  and  measures,  by  adding  to  or  diminishing  the  same,  or  to  adjust 
scale-beams,  he  shall  be  allowed  an  additional  reasonable  compensation 
therefor,  to  be  paid  by  the  party  so  applying  for  his  services. 

14'.  The  one-half  of  all  fines  and  forfeitures  imposed  by  the  preceding 
sections  of  this  article  shall  go  to  the  informer,  the  other  to  the  use  of  the 
county,  and  in  all  suits  therefor,  the  informer  shall  be  a  competent  witness. 

15.  Nothing  contained  in  the  preceding  sections  of  this  article  shall  apply 
to  the  city  of  Baltimore,  or  to  any  private  house-keeper  not  in  trade  or 
pursuing  some  kind  of  merchandise  as  a  business. 

16.  All  measures  of  dried  fruit  used  in  this  State  shall  be  fixed  and  uni- 
form, and  tried  by  the  standards  herein  established,  and  the  measure  to  be 
filled  even,  without  rise  or  heap,  and  the  fruit  not  packed  or  pressed  in  the 
measurement  thereof,  and  every  person  violating  the  provisions  of  this 
section  shall  be  subject  to  a  fine  of  five  dollars,  to  be  recovered  before  a 
justice  of  the  peace  as  other  debts,  one-half  to  the  informer,  and  the  other 
half  to  the  use  of  the  State. 

17.  Act  of  1872,  c.  162.  Oats  shall  be  bought  and  sold  in  this  State  by 
struck  measure  or  by  weight,  at  the  rate  of  twenty-six  pounds  to  the  bushel. 

18.  Potatoes  in  this  State  shall  be  sold  by  weight,  at  the  rate  of  fifty-six 
pounds  to  the  bushel,  and  any  person  offending  against  the  provisions  of  this 
section  shall  be  subject  to  a  fine  of  ten  dollars,  to  be  recovered  before  any 
justice  of  the  peace  of  the  city  or  county  where  said  offence  may  be  com- 
mitted. 

1861,  c  78,  provides  that  the  provisions  of  secti(m  18  shall  not  apply  to 
the  sale  of  potatoes  in  the  counties  of  Frederick,  Washington,  Allegany, 
Anne  Arundel,  Carroll  and  Montgomery. 

19.  Hay  and  straw,  which  may  be  sold  by  weight  in  this  State,  shall  be 
sold  by  the  nett  hundred,  and  every  twenty  hundred  pounds  nett  weight 
shall  be  a  ton. 

20.  Act  of  1867,  c.  317-  The  size  and  dimensions  of  the  corn  barrel 
measure  shall  be  as  follows  :  twenty-one  inches  in  diameter  (clear  of  staves) 
at  the  bottom,  (and  twenty-three  inches  in  diameter  clear  of  staves)  and 
shall  hold  five  struck  bushels  of  corn ;  and  all  the  lime  sold  in  this  State,  or 


I 


Inspections,  Weights  and  Measures.  515 

Article  XXVIII. — Ordinances. 

relating  to  the  Inspection  of  Flour,  having  been  repealed  by 
the  Act  of  1870,  c.  418,  Ordinance  No.  54,  May  28,  1861, 
which  provided  for  the  appointment  of  Reviewers  of  Flour 

delivered  in  this  State,  to  any  person  or  persons,  shall  be  measured  in  a 
bushel  measure  of  the  following  dimensions,  viz :  tvirelve  inches  (clear  of 
staves)  at  the  bottom,  and  fifteen  inches  in  diameter  (clear  of  staves)  at  the 
top,  and  shall  be  fifteen  high  inside,  perpendicular  measure,  and  in  all  cases 
where  the  lime  has  already  slackened,  it  shall  require  two  such  bushels  to 
make  one  bushel  of  quick  lime ;  any  person  violating  the  provisions  of  this 
section  shall,  on  conviction  in  any  court  of  this  State,  or  before  any  justice 
of  the  peace,  be  fined  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  one-half  to  the  informer,  and  the  other  half  to  go  to  the  public 
school  fund  of  the  State. 

31.  Quercitron  and  all  other  ground  bark,  sumac  and  all  other  articles 
sold  by  weight,  shall  be  sold  by  the  one  hundred  pounds  for  one  hundred 
weight,  and  twenty  hundred  shall  be  considered  and  taken  for  a  ton,  and  so 
in  proportion  for  any  greater  or  smaller  quantity. 

22.  The  count  of  all  staves  and  heading  shall  be  by  the  short  hundred, 
so  that  one  thousand  pieces  shall  be  computed  as  one  thousand  staves  or 
heading,  as  the  case  may  be,  and  any  inspector  or  dealer  in  staves  or  head- 
ing, attempting  to  account  or  compute  at  any  greater  rate  than  one  thousand 
pieces  to  the  thousand,  and  in  that  proportion  for  a  greater  or  less  number, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to  indictment,  and 
upon  conviction  shall  be  fined  not  exceeding  one  hundred  dollars,  one-half 
to  the  informer,  and  the  other  half  to  the  State. 

23.  No  person  shall  sell  any  package  or  parcel  of  cotton,  woolen  or 
other  dry  goods,  having  any  mark  thereon  or  attached  thereto,  indicating  or 
stating  a  greater  number  of  yards  or  larger  quantity  than  is  actually  con- 
tained in  such  package  or  parcel,  and  any  auctioneer,  commission  merchant, 
or  other  dealer,  so  selling,  shall  in  each  case  forfeit  and  pay  to  the  purchaser 
of  each  package  or  parcel  double  the  value  of  the  quantity  of  goods  which 
on  actual  measurement  it  shall  be  found  there  is  wanting  in  such  package 
or  parcel  to  make  up  the  number  of  yards  or  quantity  marked  thereon. 

24.  All  sums  not  exceeding  one  hundred  dollars,  forfeited  and  payable 
under  the  preceding  section,  shall  be  recoverable  by  the  purchaser  before 
a  justice  of  the  peace  as  other  debts,  and  all  sums  exceeding  one  hundred 
dollars  by  action  of  debt  in  the  court  having  jurisdiction  thereof  in  the  city 
or  county  where  such  sales  were  made. 

25.  Act  of  1868,  c.  445.  All  charges  for  freight,  measurement,  weighing, 
inspection,  wharfage  and  commission  on  grain,  shall  be  made  on  the  num- 
ber of  bushels  as  ascertained  by  weight  and  not  by  the  running  measure, 
and  any  one  found  guilty  of  a  violation  of  this  section  shall  on  conviction 
thereof  before  a  justice  of  the  peace,  be  fined  not  less  than  five  nor  more 


516  Inspections,  Weigats  and  Measures. 

Article  XXVIII.— Ordinances. 

to  hear  appeals  from  the  Inspectors  of  Flour,  is  omitted,  as 
it  is  abrogated  by  the  operation  of  the  said  Act  of  1870, 
c.  418.* 


than  fifty  dollars,  one-half  to  the  informer,  and  the  other  half  to  the  use  of 
the  State ;  provided  that  any  one  feeling  himself  aggrieved  by  any  such 
judgment,  shall  have  the  right  of  appeal  to  the  Circuit  Court  of  the  county 
or  the  Baltimore  "City  Court,  as  the  case  may  be,  on  giving  bond  in  the 
usual  form  to  prosecute  such  appeal,  and  for  the  payment  of  the  judgment 
and  costs  if  such  judgment  should  be  affirmed. 

*RErEALS. — All  those  sections  of  article  4,  Public  Local  LavFS,  City  of 
Baltimore,  title  Inspections,  from  section  272  to  section  567,  also  the  follow- 
ing acts  supplementary  and  amendatory  thereto,  to  wit :  the  act  of  1861, 
chapter  35;  the  acts  of  1862,  chapters  116,199,254,  and  283;  the  acts  of 
1864,  chapters  189,  328,  339,  346,  369  and  384 ;  the  acts  of  1865,  chapters  6, 
165,  192  and  194;  the  acts  of  1867,  chapters  148,  241,  368  and  381 ;  and  the 
acts  of  1868,  chapters  128,  295  and  458,  relating  to  inspections,  except  sec- 
tions 410  to  423,  inclusive,  and  sections  458  to  474,  all  inclusive,  and  sections 
495  to  547,  inclusive,  relating  to  tobacco,  were  repealed  by  the  act  of  1870, 
c  418. 

All  acts  and  parts  of  acts  inconsistent  with  tlie  provisions  of  the  act  of 
1870,  c.  418  were  repealed,  it  being  the  intent  and  purpose  of  that  act  to  re- 
peal all  acts  or  paits  of  acts  in  any  manner  authorizing  or  directing  inspec- 
tions in  this  State,  except  such  as  relate  to  the  weighing  of  hay  and  straw, 
to  the  weigher  of  live  stock  and  the  inspection  of  tobacco. 

Blitz  V.  James  et.  al.,  31  Md.  264,  construed  section  481,  Art.  4,  P.  L.  L., 
repealed  by  act  of  1870,  c.  418.  The  act  of  1870,  c.  426,  repealed  the  act  of 
1868,  c.  295,  and  enacted  and  added  an  article  to  the  Public  General  Laws, 
entitled  Manures  and  Fertilizers. 

Inspection  of  Tobacco.— The  act  of  1872,  c.  36,  repealed  by  implication 
the  acts  of  1864,  c.  346, 1867,  c.  368,  and  1868,  c.  458  relating  to  inspection  of 
tobacco,  so  far  as  the  same  conflicted  with  the  act  of  1872,  c.  36,  and  enacted 
in  lieu  thereof  a  new  article  regulating  the  inspection  of  tobacco,  and  trans- 
ferred the  same  from  Article  4,  Public  Local  Laws  City  of  Baltimore,  to  the 
Public  General  Laws.  The  acts  of  1873,  c.  228,  1874,  c.  394  and  1878,  c.  386, 
amended  the  act  of  1872,  c.  36.  The  act  of  1876,  c.  316,  authorized  the 
building  of  a  new  tobacco  warehouse  in  the  city  of  Baltimore,  and  the  acts 
of  1876,  c.  333  and  370,  provided  for  settlement  of  claims  of  persons  con- 
nected with  tobacco  warehouses,  or  where  property  was  destroyed  by  fire 
while  stored  in  same ;  the  act  of  1878,  c.  47,  relates  to  burnt  tobacco  ware- 
houses, Nos.  1  and  3. 


Inspections,  Weights  and  Measures.  517 

Article  XXVIII. — Ordinances. 


INSPECTIONS.— GAS  METERS. 

2.  Annually  in  the  month  of  February  there  shall  be  No. 47, s. 2, May 

2-2, '61. 

appointed,  as  other  city  officers  are  appointed,  a  suitable,  inspector  and 

11  1        •  Till        sealer  of  gas 

experienced  and  competent  person,  who  is  not  a  stockholder  meters  appoint- 
in  or  an  employee  of  any  gas  company,  or  interested  in  any 
way  in  the  manufacture  of  gas  meters  or  illuminating  gas, 
as  inspector  and  sealer  of  gas  meters,*  who,  before  he  enters 
upon  tlic  discharge  of  his  duties,  shall  give  bond  and  security  Bond, 
to  the  satisfaction  of  the  Mayor  in   the  penal  sum   of  one 
thousand  dollars,  conditioned  for  the  faithful  discharge  of 
the  duties  of  his  office,  and  take  an  oath  or  affirmation  before  oath, 
some   officer   legally  qualified  to  administer  the  same,    to 
faithfully,  diligently  and  impartially  discharge  the  duties  of 
his  office. 

3.  It  shall  be  the  duty  of  the  said  inspector  and  sealer  ibi<i,  .s.  2. 
of  gas   meters  whenever  required  in  writing,  and,  on  the  His  duties, 
pre-payment  of  a  fee  hereinafter  specified,  to  inspectj  exam- 
ine, test,  prove  and  ascertain  the  accuracy  of  the  registra- 
tion of  any  and  all  gas  meters,  used  or  intended  to  be  used 

for  measuring  or  determining  the  quantity  of  carburetted 
hydrogen  or  illuminating  gas,  consumed  by  any  person  or 
persons  in  this  city  ;  and  when  i>roved  to  be  or  made  correct 
witliin  the  meaning  of  this  ordinance,  to  stamp,  seal   or  stamp  of  in- 

/•i  -1  spector. 

mark  all  such  meters,  and  each  one  01  them,  with  some  ap- 
propriate, distinct  and  intelligible  device,  to  be  approved 
by  the  Mayor. 

4.  The  said  inspector  and  sealer  of  gas  meters  is  author-  ibid,  s.  3. 
ized  to  purchase  for  the  use  of  the   city  such  apjjaratus  as  Apparatus. 
will  be  required  by  him  for  the  proving,  testing  and  accu- 
rate registration  of  gas  meters  in  use  in  the  city  of  Balti- 
more. 

*  See  act  of  1876,  c.  356,  p.  480,  ante. 


518 


Inspections,  Weights  and  Measures. 


Article  XXVIII. — Ordinances. 


Ibid,  s.  4,  No. 
77,  June  8,  '64. 
To  inspect  and 
prove  gas 
meters. 


Fee  to  inspec- 
tor. 


When  fee  to  be 
returned. 


Gas  company. 


5.  The  inspector  and  sealer  of  gas  meters  shall,  with 
said  apparatus,  inspect  and  prove  the  gas  meter  of  any  con- 
sumer at  his  written  request,  and  in  his  presence  if  he  so 
desire,  upon  the  payment  in  advance  to  the  said  inspector 
and  sealer  of  gas  meters  the  sum  of  one  dollar  for  each  and 
every  meter  removed  from  the  premises,  proved,  tested, 
sealed  and  replaced,  and  if  any  meter  on  being  so  tested 
shall  be  found  to  register  inaccurately  as  defined  by  this 
section  to  the  injury  of  the  consumer,  the  fee  paid  by  said 
consumer  shall  be  returned,  and  a  like  amount  shall  be  paid 
to  the  inspector  and  sealer  by  the  gas  company,  person  or 
persons  whose  manufacture  of  gas  has  been  consumed,  as  a 
remuneration  for  the  removal,  testing,  correcting,  sealing 
and  replacing  of  such  meters  ;  and  every  such  meter  shall 
be  considered  correct,  and  sealed  accordingly,  which  shall 
register  quantities  varying  from  the  true  standard  measure 
of  gas  if  not  more  than  two  per  centum  in  favor  of  either 
the  company  or  the  consumer ;  the  apparatus  used  by  the 
inspector  and  the  mode  of  testing  practised  by  him  to  be 
approved  by  the  Mayor,  and  in  all  cases  in  which  an  appeal 
from  the  decision  of  the  inspector  and  sealer  of  gas  meters 
as  to  the  accuracy  of  any  meter  tested  shall  be  made,  such 
case  shall  be  referred  to  and  adjudged  by  a  suitable  person 
to  be  appointed  by  the  Mayor,  and  whose  decision  shall  be 
final. 


Two  per  cent. 


Appeal. 


Referee. 


Ibid,  s.  5,  No. 
54,  Aug.  7,  '67. 
New  meter  toj 
be  inspected. 


6.  It  shall  not  be  lawful  for  any  new  meter  to  be 
furnished  or  put  in  use  in  this  city  by  any  gas  company 
which  shall  not  have  been  previously  proved  to  be  correct, 
and  sealed  by  the  inspector  and  sealer  authorized  by  this 
ordinance,  except  during  such  time  as  from  any  cause  the 
office  shall  be  vacant,  or  said  insi^ector  and  sealer  shall,  after 
request  made,  refuse  or  neglect  to  prove,  and  if  correct,  seal 
the  meters  furnished  at  his  office  by  any  gas  company  for 
that  purpose,  and  for  said  proving  and  sealing  the  company 


Inspections,  Weights  and  Measures.  519 

Article  XXVIII.— Ordinances. 

shall  pay  said  officer  the  sura  of  twenty-five  cents  for  each  Penalty  ai-ainst 
and  every  new  meter  so  proved  and  sealed  as  aforesaid  ;  any 
gas  company  convicted  before  a  justice  of  the  peace  of  vio- 
lation of  the  provisions  of  this  section,  shall  forfeit  the  sum 
of  ten  dollars,  and  a  further  sum  of  five  dollars  for  each  and  Fine, 
every  day  that  such  meters  are  allowed  to  be  continued  in 
use  after  a  notice  ordering  its  discontinuance  has  been  served 
u[)on  such  company  by  the  inspector  and  sealer  of  meters. 

7.  No  meter  shall  be  set  unless  it  be  sealed  and  stamped  iMd,  s. c- 
in  the  manner  required  by  the  preceding  sections.  seaictUnd" 

stamped. 

8.  It    shall    not    be   lawful   for    any    gas    company    to  no.  47,  juiy  a, 
put  in  use  in  the  city  of  Baltimore,  any  gas  meter  which  used  gas  meters 
shall  have  been  discontinued,  or  any  meter  that  has  been  in  spected  and  re- 

"  stamped. 

the  use  of  any  other  consumer,  unless  the  same  has  been  re- 
inspected  and  re-stamped  by  the  inspector  and  sealer  of  gas 
meters  ;  any  gas  company  convicted  before  a  justice  of  the 
peace,  of  the  violation  of  the  provisions  of  this  section,  shall 
forfeit  the  sum  of  ten  dollars,  and  the  further  sum  of  five  Penalty  on  gas 

.  ,  company, 

dollars  for  each  and  every  day  that  each  of  said  meters  are 

allowed    to   be   continued  in   use,  after  a  notice   has   been  Notice  from  in- 

_  si>ector. 

served  upon  such  gas  company  by  the  insjjectorand  sealer  of 
gas  meters. 

9.  It  shall  be  the  duty  of  the  insi)ector  and  sealer  of  no.  47,  s.  7,  May 
gas  meters,  whenever  he  receives  a  written  request  to  do  so,  inspector  to 
to  visit  the  meter  on  the  premises  of  any  consumer  of  gas, 

and  impart  to  such  consumer  such  instructions  relating  to  instructions. 
the  proper  manner  of  regulating  the  meter,  or  filling  it  with 
water  or  spirits,  as  desired,  for  which  services  the  consumer 
shall  pay  to  the  inspector  the  sum  of  twenty-five  cents.  Fee. 

10.  The  inspector  and  sealer  of  gas  meters  hereby  author-  ibid,  s.  8;  no. 

54   Aug.  7, '67; 

ized  shall  enter  in  a  book  prepared  for  him  for  that  purpose,  no.  77,ju'ne,  s, 
the  date  of  testing,  number,  size,  name  of  manufacturer,  and  inspector's 

record. 

registration  of  any  meter  proved  and  sealed,  or  condemned 


520  Inspectioks,  Weights  and  Measures. 

Article  XXVIII. — Ordinances. 

as  aforesaid,  and  the  number  of  premises  visited  for  giving 
Report.  instruction,  and  shall  make  a  full  report  thereof  annually  to 

the  Mayor  and  City  Council,  and  shall  receive  an  annual 
Salary.  Salary  of  five  hundred  dollars,  to  be  paid  as  the  salaries  of 

other  city  officers  are  paid,  in  addition  to  the  fees  to  be 
Fees.  charged  as  hereinbefore  prescribed,  but  no  fees  to  be  charged 

or  allowed,  however,   in  any  case  where   the   Mayor   and 

Council,  in  their  corporate  capacity,  are  concerned. 

Ibid,  s.  9.  11 .     If  any  person  or  persons  shall  counterfeit,  or  wilfully 

counterfeitinK    dcfacc  the  scal  placcd  upon  any  gas  meters  by  the  inspector 

or  defacing  seal.  ^  ^  *'    ®  _        ''  \      ^ 

and  sealer,  the  person  or  persons  so  offending,  on  conviction 
Penalty.  beforc  a  justice  of  the  peace,  shall  forfeit  and  pay  the  sum  of 

ten  dollars. 

ILLUMINATING  GAS. 

No  53,8. 1,  May      12.     Anuually  in  the  month  of  February  there  shall  be 

inspectorof      appointed,  as  other  city  officers  are  appointed,  a  suitable, 

gas  appointed,   experienced   and   competent  person,   known   as  a  practical 

chemist,  who  is  not  a  stockholder  in  or  an  employee  of  any 

gas  company,  or  interested  in  any  way  in  the  manufacture 

of  illuminating  gas  in  this  city,  as  inspector  of  illuminating 

Gas  company,    gas   such  as  is  uow  fumishcd  by  any  gas  company  of  this 

city   or  such  as  may  be  furnished  hereafter  by  any  company, 

person  or  persons  for  the  same  jiurpose,  who,  before  he  en- 

Boudof  inspec- ters  upou  the  discharge  of  his  duties,  shall  give  bond,  with 

tor. 

ajjproved  security  to  the  satisfaction  of  the  Mayor,  in  the 
penal   sum    of  one   thousand   dollars,    conditioned   for   the 
faithful  discharge  of  the  duties  of  the  office,  and  take  an 
Oath.  oath   c^   affirmation  before  any  officer  legally  qualified  to 

administer  the  same,  to  faithfully,  diligently  and  impartially 
discharge  the  duties  of  the  office. 

Ibid,  s.  2.  13,     It  shall   be  the  duty  of  the  said  gas  inspector  to 

Duties  of  in-     inspcct,    tcst   and   determine   the  purity   and  illuminating 

power  of  the  carburetted  hydrogen  or  illuminating  gas  fur- 


Inspections,  Weights  and  Measures.  521 

Article  XXVIII. — Ordinances. 

nished  by  any  gas  company,  person  or  persons  in  Baltimore 
to  consumers,  and  to  report  to  the  Mayor  at  least  once  in  Report, 
each  week,  in  writing,  the  condition  of  said  gas  as  to  purity 
and  illuminating  power,  said  weekly  report  to  be  published 
at  the  discretion  of  the  Mayor,  in  any  two  of  the  city  papers, 
to  be  designated  by  him. 

14.  The  quality  of  the  illuminating  gas  supplied  by  any  ibid,  s.  a. 
gas  company,  person  or  persons  in  the   city  of  Baltimore  Quality  of  gas. 
shall  be  determined  at  the  place  where  the  Mayor  and  gas 
inspector  shall  place  the  necessary  apparatus,  and  shall  be 

with  respect  to  its  illuminating  T)ower  such  as  to  produce  niuminatiiig 

power. 

from  the  English  parliamentary  standard  burner,  having 
fifteen  holes  and  a  seven  inch  chimney,  and  consuming  five 
cubic  feet  of  gas  per  hour,  a  light  equal  in  intensity  to  that 
produced  by  twelve  standard  sperm  candles  of  six  to  the 
pound,  each  consuming  one  hundred  and  twenty  grains  of 
sperm  per  hour,  and  such  gas  shall  not  contain  more  than 
twenty  grains  of  sulphur  in  any  form  in  one  hundred  cubic 
feet  of  gas. 

15.  If  the  carburetted  hydrogen  or  illuminating  gas  sup-  ibid,  s.  4. 
plied  by  any  gas  company,  person  or  persons  in  the  city  Defective  gas. 
of  Baltimore,  shall  be  at  any  one  time  of  less  illuminating 

power  or  of  less  purity  than  according  to  the  standard  estab- 
lished by  the  preceding  section,  it  shall  be  so  reported  by  the 
gas  inspector,  the  company,  person  or  persons  so  supplying 
the  same  shall  be  subject  to  a  penalty  of  one  hundred  dol-  Penalty, 
lars,  to  be  recovered  before  any  justice  of  the  peace  for  the  use 
of  the  city,  for  each  and  every  day  during  which  such  vio- 
lation shall  continue ;  provided,  however,  that  if  it  shall  ProviBo. 
appear  that  such  deviation  from  the  above  named  standard 
could  not  have  been  prevented  by  ordinary  care  and  pru- 
dence, but  was  occasioned  by  some  unavoidable  cause,  then 
the  said  penalty  shall  not  be  enforced. 


522  Inspections,  Weights  and  Measdues. 


Article  XXVIII. — Ordinances. 


Ibid,  s.  5.  16.     The  said  gas  inspector  shall  purchase  for  the  use  of 

Apparatus.        the  citj  all  neccssarj  apparatus  and  materials  required  for 

the  proper  discharge  of  his  duties,  and  shall  place  them  in 

such  location  as  the  Mayor  and  gas  inspector  shall   deem 

proper. 

Ibid, 8. 6.  17.     The  salary  of  the  gas  inspector  shall  be  three  hun- 

saiary.  dred  and  sixty-five  dollars  per  annum,  to  he  paid  out  of  the 

city  treasury  as  the  salaries  of  other  city  officers  are  paid.* 

HAY  AND  STRAW. 

No.  33, s. GO,  R.      18.     Any  person  bringing  loose  hay  or  straw  to  the  city 
Sale  of  hay  and  foT  salc,  in  wagou,  cart  or  other  carriage,  and  having  sold 

straw  regulated.     -  in  i    f 

the  same,  shall,  on  delivery  thereof,  return  to  the  State 
scale,  and  have  the  empty  vehicle  weighed,  and  obtain  from 
the  weigh-master  a  receipt  of  the  nett  weight  thereof,  and 

*  The  above  enactments  as  to  gas  meters  and  illuminating  gas,  were  au- 
thorized by  1858,  c.  417,  (see  also  p.  480,  ante,)  wliich  provides:  that  the 
Mayor  and  City  Council  of  Baltimore  be  authorized  to  establish  by  an  ordi- 
nance or  ordinances,  and  therein  and  thereby  to  enforce  by  proper  penalties, 
an  inspection  and  measurement  of  carburetted  hydrogen  or  illuminating 
gas,  and  of  meters  for  measuring  the  same  in  that  city,  and  also  to  provide 
for  the  appointment  of  one  or  more  inspectors  and  measurers,  not  exceeding 
four,  for  that  purpose,  whose  duties  and  salary  or  compensation,  by  foot  or 
otherwise,  may  be  provided  for  by  the  said  ordinance  or  ordinances. 

That  in  any  case  in  which  the  said  inspectors  and  measurers,  or  any  one 
of  them,  shall  have  adjudged  the  said  gas  to  be  below  a  proper  standard,  to 
be  settled  by  the  said  ordinance  or  ordinances,  or  any  meter  to  be  defective, 
no  recovery  shall  be  had  for  any  bill  or  account  for  the  supply  of  gas  during 
such  deficiency  of  meter  or  inferiority  of  gas;  and  if  any  person  or  persons 
or  any  incorporated  company  shall  shut  off  the  gas  supplied  to  the  person 
or  persons  who  may  refuse  to  pay  for  such  inferior  gas,  or  according  to  the 
measurement  of  such  defective  meter,  such  person  or  persons,  or  incorporat- 
ed company,  shall  be  liable  to  damages,  to  be  trebled  by  the  court  or  justice 
of  the  peace  before  whom  any  action  relating  to  the  refusal  to  supply  the 
said  gas  may  be  brought,  and  that  after  the  expiration  of  thirty  days  after 
the  rendering  of  any  such  judgment,  no  former  recovery  shall  be  pleaded. 

For  law  for  inspection  of  Illuminating  Oils  from  petroleum  or  its  products 
see  p.  283,  &c.,  ante. 


Inspections,  Weights  and  Measures.  ,  523 

Article  XXVIII.— Ordinances. 

give  the  same  to  the  purchaser  of  his  hay  or  straw  ;    and 
any  person  delivering  any  parcel  of  hay  or  straw  to  a  pur- 
chaser, of  less  weight  than  charged  for,  shall  be  fined  twenty  Penalty, 
dollars  for  each  and  every  oflfence. 

REPORTS  OF  INSPECTORS. 

19.     Every  inspector  holding  his  appointment  under  this  no.  ss, n.  o. 
corporation,    (unless   otherwise   directed   by  the   ordinance  inspectors  to 

report  qnarterljr 

providing  for  his  appointment  and  prescribing  his  duties,)  »° Mayor, 
shall  on  the  last  day  of  March,  June,  September  and  Decem- 
ber, in  each  and  every  year,  make  on  oath  or  affirmation,  as 
the  case  may  be,  a  true  statement  to  the  Mayor  of  the  City 
of  Baltimore,  of  all  tlie  articles  inspected  by  him  in  pursu- 
ance of  the  duties  of  his  office. 


STREETS. 

20.  Such  articles  as  are  to  be  inspected  or  gauged  under  N0.33,  s.  7,  r. 
ordinances  or  statutes,  may  be  placed  on  the  footways  of  any  inspection  of 

goods  on  streets 

of  the  streets,  lanes  or  alleys  of  the  city,  such  articles,  how-  regulated, 
ever,  to  be  arranged  so  as  not  to  obstruct  the  passage  through 
the  streets  or  over  the  footways  from  the  stone  or  other  pave- 
ment to  any  house,  store,  cellar,  or  back  yard,  or  from  any 
house,  store,  cellar  or  back  yard  to  the  pavement,  without 
the  consent  of  the  owner  or  occupier  ;  every  person  so  of- 
fending shall  forfeit  and  pay  the  sum  of  five  dollars.  Penalty. 

WEIGHTS  AND  MEASURES. 

21 .  Three  persons  shall  be  annually  appointed  keepers  of  no.  49,  s.  1,  r. 
the  standards  of  weights  and  measures,  whose  duty  it  shall  Keepers  of 

■^  .  standards  ap- 

be  safely  to  keep  and  preserve  the  same,  and  when  required,  pointed, 
to  deliver  them  to  the  Mayor,  or  such  other  person  as  he  may 
appoint  to  receive  the  same,  and  to  perform  the  several  duties 
prescribed  by  the  ordinances  respecting  weights  and  ineas- 


524  Inspections,  Weights  and  Measures. 

Article  XXVIII. — Ordinances. 

ures  ;  and  before  they  shall  enter  upon  the  duties  of  their 

Bond.  appointment,  they  shall  each  give  bond  to  the  Mayor  and 

City  Council  of  Baltimore,  in  the  penal  sum  of  one  thousand 

dollars,    conditioned    for    the  faithful  discharge  of  all    the 

Two  keepers  of  duties  appertaining  to  his  office.     Two  of  the  said  keepers 

weights  and  x  x  o  ± 

one  keeper  o7^  shall  bc  the  kccpcrs  of  the  standard  of  weights  and  of  liquid 
mifasuiis""^      measures,  and  the  other  of  dry  and  long  measures. 

No  1,  Keb.  14,       22.     Thc  keeper  of  the  standards  of  weights  and  measures 
'01         ,  '^  .  ... 

Offices.  shall  each  keep  an  office  in  a  central  location,  in   their  re- 

spective districts,  where  they  shall  attend  daily  between  the 
hours  of  eight  and  ten  A.  M. 

No.  33,  s.  I.  23.     It  shall  be  the  duty  of  the  Comptroller  to  T)rocure 

Mar.  21,  '59.  .  "^  ^  .  ^  . 

Comptroller  to  ouc  sct  of  wcights  and  measures  for  the  use  of  the  appropri- 

))ro<;  ure  sets  of  .  i         i  c      i 

weights  and      atc  inspcctors,  and  one  standard  set  or  the  same,  to  be  kept 


mea.sures. 


in  his  office  as  a  guide  to  the  inspectors,  and  by  which  the 
weights  and  measures  of  the  inspectors  shall  be  regulated. 

Ibid,  s.  2.  24.     The  standard  of  weights  and  measures  to  be  deposited 

What  standard  in  the  Comptroller's  office  shall  be  the  same  as  the  standard 

shall  be.  ^  ^  ^ 

of  weigiits  and  measures  of  the  United  States,  and' the  same 
shall  be  the  standard  for  the  city  of  Baltimore. 

Ibid,  s.  3.  25.     It  shall  be  the  duty  of  each  inspector  to  compare  and 

Inspectors  to     adjust  his  wcights  and  measures,  at  least  once  a  quarter 

adjust  weights  .    ,        i  -,  .  i  <  /v> 

and  measures.  With  tlic  Standard  sct  HI  the  Comptroller's  office,  and  any 
inspector   failing    so.  to   do  shall  forfeit  and  pay  a  sum  of 

Penalty.  twcuty  dollars,  to  be  collected  as  other  lines  and  forfeitures 

are  now  collected. 

No.  4'j,  S.2,  R.       2H.     It  shall  not  be  lawful  for  any  person,  under  a  penalty 
Dimensions  of    of  two  doUars  for  cacli  offence,  to  use  any  bushel,  half  bushel, 

dry  measures. 

peck  or  halt  peck,  or  quarter  peck  measure,  unless  the  same 
be  of  the  dimensions  following,  to  be  measured  from  inside 
to  inside,  to  wit :  every  bushel  measure  shall  not  be  less  than 
fifteen  and  a  quarter  inches  in  diameter  at  the  top,  fourteen 


Inspections,  Weigh rs  and  Measukes.  626 

Article  XXVIII.— Ordinances. 

and  a  half  inches  in  diameter  at  the  bottoni;  twelve  inches  and 
three-eigliths  of  an  inch  deep,  and  tlie  staves  three-fonrths 
of  an  inch  in  thickness  ;  every  half  bushel  measure  shall  not 
he  less  tlian  twelve  and  one-half  inches  in  diameter  at  the 
top,  eleven  and  one-half  inches  in  diameter  at  the  bottom, 
nine  and  one-half  inches  deep,  and  the  staves  at  least  one 
inch  thick  ;  every  peck  measure  shall  not  be  less  than  ten 
inches  in  diameter  at  the  top,  nine  and  one-quarter  inches  in 
diameter  at  the  bottom,  seven  inches  and  five-eighths  of  an 
inch  deep,  and  the  staves  three-quarters  of  an  inch  thick  ; 
every  half  peck  measure,  when  joined  to  the  peck,  shall  not 
be  less  than  eight  inches  and  five-eighths  in  diameter  at  the 
top,  and  nine  inches  and  an  eighth  of  an  inch  in  diameter 
at  the  bottom,  four  and  one-half  inches  deep,  and  the  staves 
five-eighths  of  an  inch  thick  ;  and  every  half  peck  measure, 
when  made  separate  from  the  peck,  shall  not  be  less  than 
nine  inches  and  one-eighth  of  an  inch  in  diameter  at  the 
top,  eight  inches  and  five-eighths  of  an  inch  in  diameter  at 
the  bottom,  four  and  one-half  inches  deep,  and  the  staves 
five-eighths  of  an  inch  thick  ;  every  quarter  peck  measure 
shall  not  be  less  than  six  inches  and  an  eighth  of  an  inch  in 
diameter  at  the  top,  and  five  inches  and  seven-eighths  of  an 
inch  in  diameter  at  the  bottoni,  four  and  three-'quarter  inches 
deep,  and  staves  one-half  of  an  inch  thick. 

27.     All  weights  and  measures   used  within  the  city  ofibid,  s.3. 
Baltimore  in  the  vending  of  articles,  shall  be  inspected  and  weights,  &r., 

to  be  slamped. 

stamped,  or  branded  by  said  standard  keepers,  under  a  pen- 
alty of  not  exceeding  twenty  dollars,  to  be  paid  by  the  per- 
son or  persons  owning  or  using  the  same,  and  when  adjusted, 
shall  be  by  the  f^aid  standard  keepers,  branded  or  stamped 
with  the  letters  B.  S.,  meaning  thereby  Baltimore  standard, 
in  such  manner  and  on  such  parts  of  the  said  weights  and 
measures  as  in  their  judgment  shall  be  most  lasting  and 
effectual  in  preventing  and  detecting  fraudulent  practices  or 


526  Inspections,  Weights  and  Measures. 

Article  XXVIII. — Ordinances. 

impositions  in  the  use  of  such  weights  or  measures,  and  the 
like  inspection  shall  be  repeated  once  in  every  year,  and  the 
branding  or  stamping  renewed  when  necessary,  and  such 
weights  and  measures,  so  examined  and  stamped,  or  branded 
as  aforesaid,  and  no  other,  shall  be  used  in  the  city  of  Bal- 
timore in  the  vending  of  such  articles  as  are  directed  by  law 
to  be  or  are  usually  sold  by  weight  or  measure,  under  a  pen- 
Penaity.  alty  uot  exceeding  twenty  dollars. 

Ibid,  8.4.  28.     All  dry  measures  shall   be  inspected  and  branded 

stamp  lor  dry    agreeably  to  the  provisions  of  the  preceding  section,  except 

that,  in  lieu  of  the  letters  B.  S.,  they  shall  be  branded  with 

letters,  Baltimore  standard  ;  and  any  person  or  persons  con- 

Penaityfor       victcd  of  Counterfeiting  said  brand,  or  of  branding  on  any 

counterfeiting. 

measure  any  other  letters  for  the  purj^ose  of  deception,  shall 
forfeit  and  pay  for  every  such  oifence  ten  dollars. 

Ibid,  s.  5.  29.     All  scale  beams  used  in  the  vending  of  articles  in  the 

Scale  beams  to  city  of  Baltimore  shall   be  inspected  and  stamped  by  the 

be  stamped.  ^  _  ,  . 

keeper  of  the  standard  of  weights,  as  weights  are  directed 
to  be  stamped  ;  and  any  person  offending  herein  shall  forfeit 
Penalty.  and  pay  a  sum  not  exceeding  twenty  dollars  for  each  and 

every  offence. 

Ibid,  9. 6.  30.     All  patent  balances,  platforms  or  scales  used  in  the 

Patent  balances  Said   city  for  Weighing  by  venders  of  articles,  shall  be  in- 

&c.,  to  be  1        1  p     1  1 

stamped  and     sDcctcd  and  Stamped  or  branded  by  the  keeper  of  the  stand- 

inspected  once       ^  '■ 

in  each  year,  ^rd  of  wcights  and  mcasurcs,  as  is  provided  for  with  regard 
to  weights  and  other  scales  or  balances,  and  upon  the  weights 
used  in  weighing  therewith  by  having  stamped  upon  them 
the  letters  B.  S.,  in  such  manner  and  on  such  part  thereof 
as  in  the  judgment  of  the  standard  keeper  of  weights  and 
measures  will  be  most  lasting  and  effectual  in  preventing 
and  detecting  fraudulent  practices  or  impositions  in  the  use 
thereof,  and  the  like  inspection  shall  be  repeated  once  in 
every  year,  and  the  branding  renewed  when  necessary  ;  and 


Inspections,  Weights  and  Measures.  52t 

Article  XXVIII.— Ordinances. 

every  person  using  a  patent  balance,  platform  or  scales  in 

the  city  not  stamped  as  herein  directed,  sliall  forfeit  and  pay 

a  sum  not  exceeding  twenty  dollars  for  each  and  every  such  Penalty. 

offence. 

31 .  If,  upon  examination,  the  standard  keeper  of  weights  iwd,  s.  7. 
and  measures  shall   find   any  ])atent  balance,  platform  or  when  found 

untrue  to  be 

scales  untrue,  it  shall  be  condemed  by  him,  whereupon  he  couuemneu. 
shall  stamp  or  brand  upon  it  the  word  "  condemned  ;  "  and 
any  person  or  persons  who  shall   afterwards  use  such  con- 
demned patent  balance,  platform  or  scales  until  the  same  Penalty  ror 

usini;  con- 

shall  have  been  re-adjusted,  stamped  and  branded  by  the  ^|™J^*'^'""»i""- 
keeper  of  the  standard  of  weights  and  measures,  shall  each 
forfeit  and  pay  for  each  offence,  a  sum  not  exceeding  twenty 
dollars  * 

32.  If  any  weight  or  measure  which  shall  have  been  iwd,  s.  8. 
branded  or  stamped,  agreeably  to  the  provisions  of  this  ordi-  Penalty  for 

*         '      °  *'  '■  usiUL' altered 

nance   shall  be  broken,  injured,  altered  or  changed,  or  con- weights, &c. 
demned  by  the  standard  keeper,  and  found  thereafter  in  the 
use  of  any  person  within  the  city  of  Baltimore,  every  such 
person  shall  forfeit  and  pay  twenty  dollars  for  every  such 
offence. 

33.  The  standard  keepers  shall  respectively  have  and  re-  iwd,  s.  9. 
ceive  as  a  com])ensation  for  the  discharge  of  the  duties  re- Fees  of  stand- 

_  ard  keepers. 

quired  of  them,  the  folh)wing  sums,  to  wit: — For  every 
bushel  measure,  eighteen  cents  ;  for  every  half  bushel,  peck 
and  half  peck  measure,  twelve  cents  ;  for  every  five  gallon 
measure,  twelve  cents  ;  for  every  half  gallon,  quart,  pint, 
half  pint,  gill  or  half  gill  measure,  six  cents  ;  for  ever  fifty- 
six  pounds  or  fifty  pounds  weight,  six  cents ;  for  every 
twenty-eight,  twenty-five,  fourteen  or  seven  pounds  weight, 
five  cents  ;  for  every  set  of  weights,  from  four  pounds  to  half 

*  See  case  on  p.  273,  ante. 


528  Inspections,  Weights  and  Measures. 


Article  XXVIII. — Ordinances. 


an  ounce,  twenty-five  cents  ;  for  every  single  weight  under 
seven  pounds,  four  cents  ;  for  every  yard  measure,  six  cents  ; 
for  stamping  every  scale  beam  not  exceeding  eighteen  inclies, 
twelve  cents  ;  if  above  eighteen  inches,  twenty-five  cents  ; 
for  inspecting  patent  balances,  platforms  or  scales,  with 
their  weights,  which  weigh  less  than  one  hundred  pounds, 
fifty  cents ;  if  over  one  hundred  pounds  and  less  than  one 
thousand  pounds,  seventy-five  cents  ;  if  above  one  thousand 
pounds,  one  dollar ;  and  all  patent  balance  platforms,  or 
other  patent  weighing  apparatus^  shall  be  tested  to  the 
amount  of  the  capacity  which  they  are  calculated  to  weigh. 

No.  38, 3.  1,  34.     It  shall  be  the  duty  of  the  inspector  of  long  and  drj^ 

June  li,  ':.8.  ,  .  .  .        . 

To  inspect  once  mcasures,  and  the  inspectors  of  weights  and  liquid  measures, 

a  year  and  no  .  ,  ^ 

oitener.  to  iuspcct  all  articlcs  which  are  provided  for  to  be  inspected 

by  them,  once  a  year,  and  no  oftener  ;  the  inspection  year  to 
date  from  the  first  day  of  March  in  each  and  every  year,  and 
end  with  the  last  day  of  February  ensuing. 

Ibid,  s.  2.  o5.     For  a  violation   of  the  provisions  of  the  preceding 

Penalty.  scctiou,    tlic   iuspcctors   SO   violating   shall,    on    conviction 

thereof  before  any  justice  of  the  peace,  forfeit  and  pay  the 

sura  of  twenty  dollars  for  each  and  every  violation,  half  of 

the  fine  to  go  to  the  informer. 

No,  49, 8. 10,  R.      36.     The  keepers  of  the  standards  of  weights  and  measures 

o.  , 

To  visit  mar-     shall  attend  at  the  different  markets,  warehouses,  stores  and 

to  inspect '  ■'  shops  witliiu  the  city,  at  least  once  in  each  and  every  year, 
as  provided  in  preceding  two  sections,  and  shall  inspect  and 
adjust  all  beams  and  scales,  weights  and  measures  therein 
used  or  intended  to  be  used  ;  and  each  of  them  shall  keep  a 

Books  to  be  book  in  virhich  he  shall  register  the  names  of  the  persons 
whose  beams  and  scales,  weights  and  measures  he  has  so 
adjusted,  together  with  the  day  of  the  month  and  year,  and 
the  number  and  description  of  the  same  so  adjusted,  which 


Inspections,  Weights  and  Measures,  529 

Article  XXVIII.— Ordinances. 

book  he  shall  submit  to  the  inspection  of  the  Mayor  once  in 
every  year,  or  oftener,  if  the  Mayor  shall  require  it, 

37.  If  any  person  or  persons  shall  refuse  or  neglect  toiwa.s.  ii. 
have  his,  her  or  their  beams  and  scales,  weights  and  patent  Penalty  for  re- 

'  .        fusal  to  allow 

balances,  and  measures,  inspected  and  adjusted  as  aforesaid,  inspection, 
when  required  so  to  do  by  the  proper  officer,  he,  she  or  they 
shall  forfeit  and  pay  five  dollars  for  every  day  during  such 
delinquency  ;  and  if  any  of  the  said  inspectors,  or  any  of  the 
clerks  of  the  markets,  are  informed  or  have  reason  to  suspect 
that  any  person  or  persons  are  using  or  have  in  their  posses- 
sion, with  a  fraudulent  intention,  any  false  beams,  scales, 
weights,  patent  balances  or  measures,  it  shall  be  their  duty.  Duties  of  in- 

.     spectora  and 

and  they  are  hereby  autliorized  to  examine  the  same,  and  if  j-Wksof  m»r- 
they  find  them,  or  either  of  them,  false,  to  seize  the  same  as  a 
forfeiture,  and  after  having  the  same  adjusted,  to  sell  them 
at  public  auction. 

38.  The  standard  keepers  shall  return  upon  oath  or  affir-  iwd,  s.  12. 
mation  to  the  Register,  annually,  a  statement  of  the  money  Annual  return 

'         •        1  n  nil'  Ml*"  Register. 

they  may  receive  in  the  performance  of  the  duties  prescribed 
by  this  ordinance,  and  the  Mayor  shall  divide  the  city  into 
two  districts,  to  be  called  the  eastern  and  western  districts. 

39.  Whenever  any  one  of  the  standard  keepers  aforesaid,  ibid,  s.  13. 

shall  be  applied  unto  to  adjust  scales,  weights  and  measures,  Additional  com- 
pensation, 
by  adding  to  or  diminishing  the  same,  or  to  adjust  scale 

beams  or  patent  balances,  he  shall  be  allowed  a  reasonable 

compensation  therefor,  in  addition  to  the  fees  of  office  he  is 

hereby  authorized  to  receive, 

CHARCOAL. 

40.  One  person  well  skilled  in  the  quality  and  measure  no.  50,8.  i,r. 
of  charcoal  shall  be  annually  appointed,  as  other  city  officers  Measurer  of 

„  _,    ,    .     charcoal  ap- 

are,  to  measure  all  charcoal  brought  to  the  city  01  Jialti-  pointed. 
more  for  sale  ;  and  the  said  measurer  shall,  with  the  appro- 


530  Inspections,  Weights  and  Measukes. 


Article  XXVIII. — Ordinances. 


Deputies.  batioD  of  the  Mayor,  have  power  to  appoint  one  or  more 
deputies  ;  the  said  measurer  being  responsible  for  the  official 
acts  of  said  deputy  or  deputies  ;  and  the  said  measurer  and 
each  of  his  deputies,  before  entering  upon  the  duties  of  his 

Oath.  office,  shall  make  oath  or  affirmation  before  the  Mayor  that 

he  will  faithfully  execute  the  duties  of  his  office  according  to 
the  best  of  his  knowledge  and  ability. 

Ibid,  s.  2.  41.     The  Mayor  shall  designate  stands  for  the  measure- 

Mayor  todesig-  ment  of  charcoal,  and  establish  such  and  so  many  as  in  his 

nate  stands.  .  . 

judgment  the  public  convenience  may  require, 
ibid.ss.  3, 4,  42.     All  charcoal  brought  to  the  city  of  Baltimore  for 

No.  19,  Apl.  17,  11,  .1 

'CO.  sale  shall  be  measured  by  the  person  or  persons  appointed 

Charcoal  to  be    to  mcasurc  the  same,  who  shall  give  to  the  seller  a  certificate 

measured.  t*     t 

of  the  quantity  thereof;  and  for  each  certificate  shall  be 
entitled  to  receive  twenty-five  cents,  if  the  quantity  do  not 
exceed  twenty-five  bushels ;  thirty-seven  and  a  half  cents,  if 
more  than  twenty-five  and  less  than  fifty  bushels  ;  and  fifty 
cents,  if  more  than  fifty  bushels.  It  shall  not  be  lawful  ior 
any  person  or  jiersons,  except  as  mentioned  in  the  succeed 
ing  section,  to  sell  or  offer  for  sale  any  charcoal  within 
the  limits  of  the  city  of  Baltimore,  without  first  having 
the  same  inspected  in  accordance  with  the  above  provi- 
Penaity.  sious,  uudcr  a  penalty  of  five  dollars  for  each  and  every 

offence,  to  be  collected  as  other  fines  and  forfeitures  are 
collected. 


No.  43,  May  7,       43.     The  rctailcrs  of  charcoal  bringing  the  same  into  the 

'61.  .  .  .  . 

Retailers  of      city  of  Baltimore  for  the  purpose  of  retailing  it   by  the 

charcoal 

exempt.  bushcl  or  the  barrel,  shall  not  be  required  to  have  the  same 

measured,  under  the  provisions  of  the  preceding  section. 

No.  48,  May  22,      44.     Tiic  mcasurcr  of  charcoal  shall  estimate  and  allow 

'61. 

Standard  for      for  cacli  bushel  of  charcoal  measured  by  him,  twenty  -seven 

measuring.  i  i       i  i       ,. 

hundred    and    forty-seven    seventy    one-hundredths    cubic 
inches,  making  full  allowance  for  a  cone  or  heaped  measure. 


Inspections,  Weights  and  Measuees.  531 

Article  XXVIII— Ordinances. 

45.  No  measurer  of  charcoal  shall,  either  directly  or  in-  no.  so,  s.  5,r. 
directly,  be  concerned  in  the  purchase  or  sale  of  charcoal.  Measurer  not 

to  deal  in  char- 

under  the  penalty  of  twenty  dollars  for  each  and  every  coai. 
offence. 

46.  If  any  person  bringing  charcoal  to  the  city  for  sale,  iwd, «.  e. 
in  any  wagon,  cart,  or  other  carriage,  shall  practice  any  de-  Penalty  for 

.  fraud. 

Vice  or  iVaud  to  deceive  in  quantity,  the  driver  of  sucli  wagon,       . 
cart,  or  other  carriage,  shall  forfeit  and  pay  ten  dollars  for 
each  and  every  oifence. 

47.  Any  person  may  retail  charcoal  out  of  any  wagon,  ibid, ». 7. 
cart,  or  other  carriage,  in  any  of  the  streets,  lanes  or  alleys  Retailing  char- 
in  the  city,  by  applying  to  the  Comptroller  for  a  license  to  License, 
that  effect,  for  which  the  person  so  applying  shall  pay  two 

dollars  ;  and  if  any  person  shall  sell  or  offer  for  sale  char- 
coal, by  retail,  without  first  obtaining  such  license,  he  shall  Penalty, 
forfeit  and  pay  for  every  such  offence  two  dollars. 

COAL. 

48.  It  shall  not  be  lawful  for  any  person  or  persons  tONo. 69,h.o. 
sell  anthracite  or  other  coal,  except  bituminous,  in  any  other  Anthracite  coai 

,  to  be  sold  by 

way  than  by  the  ton,  half  ton,  quarter  ton,  or  fraction  of  a  the  tonoia,24o 
ton,  as  established  by  law,  which  is  2,240  pounds,  under  a 
penalty  of  ten  dollars  for  each  and  every  offence  ;  and  should  Penalty, 
it  be  deficient  in  weight  at  the  time  of  delivery,  an  additional 
penalty  of  ten  dollars  for  each  and  every  offence  ;  provided, 
that  nothing  herein  contained  shall  prevent  the  selling  of  a  proviso, 
single  bushel,  half  bushel  or  peck  of  coal. 

FIREWOOD. 

49.  It  shall  not  be  lawful  for  any  person  or  persons  to  no.  33,  s.  37,  b. 
sell,  or  offer  for  sale,  in  any  of  the  streets,  lanes,  alleys  or  saie  of  firewood 

regulated. 

highways  of  the  city,  any  firewood,  otherwise  than  by  the 


532 


Inspections,  Weights  and  Measures. 


Article  XXVIII. — Ordinances. 


cord,  half,  quarter  or  eighth  of  a  cord  ;  *  and  every  person 
oifending  herein,  or  delivering  any  quantity  or  parcel  of  fire- 
wood to  a  i^erson  of  less  measurement  than  he  has  sold  or 
offered  for  sale,  shall  for  each  and  every  offence  pay  a  fine  of 
five  dollars  for  each  load  ;  provided,  nothing  herein  contained 
shall  be  so  construed  as  to  prevent  persons  from  selling 
wood  b}^  tbe  armful,  or  loads  of  chips  or  brush. 


Penalty. 
Proviso. 


ICE. 

No.  6],s.  1,  R.       50.     All  ice  exposed  for  sale  in  the  city  shall  he  sold  by 
Ice  to  be  sold    Weight,  cxcept  in   such  cases   where  it  mav  he  otherwise 

by  weight.  o  i  .  ^ 

agreed  upon  between  the  buyer  and  seller  ;  and  it  shall  be 
the  duty  of  all  sellers  of  ice  to  be  furnished,  at  the  time  of 
delivery,  with  a  suitable  steelyard,  balance,  or  other  appa- 
ratus for  weighing,  duly  adjusted  and  stamped,  as  provided 
by  ordinance,  with  which  to  weigh  the  quantity  of  ice  sold, 
if  required  by  the  buyer. 


Ibid,  as.  a,  3. 

Standard 
weight. 


Penalty. 


5  I .  The  standard  weight  of  the  bushel  of  ice  shall  be 
held  and  taken  at  sixty  pounds  avoirdupois,  and  of  smaller 
measures  in  proportion.  The  penalty  for  each  and  every 
violation  of  this  and  the  preceding  section  shall  be  five  dol- 
lars. 


*  See  sees.  101-105,  p.  509,  &c.,  ante. 


Jail. 


533 


Article  XXIX. 


ARTICLE  XXIX. 


JAIL. 


STATUTES . 


19, 


Mayor  and  Council  to  appoint  vis-  I  20. 

itors:  their  powers  and  duties:  j 

ordinance  to  be  passed :  effect     21. 

of  same:  provisos.  22. 

Title  to   property:   powers  and     23. 

privileges.  j  24. 

Oath  of  visitors.  I 

Three  to  form  a  quorum. 
Election  of  president  and  secre-     25. 

tary. 
Their  duties..  26. 

Times  of  meeting. 
Power  to  make  by-laws  and  visit     27. 

jail. 
To  provide  for  prisoners  and  re-  '  28. 

pair  jail. 
To  keep  criminals  separate  from     29. 

persons  waiting  trial :  labor. 
To  require  vagrants  to  work. 
May  employ  and  pay  others  by 

consent.  30. 

To  keep  accounts  of  expenses.         31. 
Appointment  and  duties  of  war- 
den. 32. 
Pay  and  fees  of  warden  :  appeal.     33. 
Bond  of  warden. 
Oath. 
Visitors  to  prescribe  number  of 

assistants:  warden  to  appoint  |  34. 

and  remove.  I 

Commitments  to  be  directed  to     35. 

warden. 


To  conduct  prisoners  to  and  from 
court. 

To  account  for  all  jail  fees. 

His  compensation. 

May  be  removed  by  visitors. 

Visitors  to  report  expenses  annu- 
ally to  Mayor  and  City  Coun- 
cil. 

Warden  not  to  sell  liquors,  and 
penalty  for  so  doing. 

No  liquors  to  be  brought  into 
jail. 

No  person  except  attorneys,  «&c., 
to  visit  prisoners. 

Penalty  against  warden  for 
bringing  liquor  into  jail. 

Penalty  against  assistants,  &c., 
for  bringing  liquor  into  jail  or 
admitting  unauthorized  per- 
sons. 

Labor. 

Prisoners  to  be  kept  on  prison 
fare. 

Who  to  visit  condemned  persons. 

Persons  under  sentence  of  death: 
how  to  be  treated. 

CONVICTS. 

Convicts    to    be    kept  at    hard 

labor. 
To  be  kept  separate  from  persons 

awaiting  trial,  &c. 


534 


Jail. 


Article  XXIX.— Statutes. 


VAGRANTS,  &C. 

36.  Warden  to  send  list  of  vagrants 
to  criminal  court:  justices' 
costs. 


ORDINANCE. 

Five  visitors  of  the  jail  appointed : 
their  duties. 


STATUTES 


1868,  c.  3. 

Mayor  and 
Council  to  ap- 
point visitors 
or  superintend- 
ents. 


Proviso. 


Powers  and 
duties  of  visi- 
tors. 

Proviso. 

Ordinance  to  be 
passed. 


Effect  of  same. 


Ibid,  g.  2. 

Title  to  prop- 
erty. 


Powers  and 
privileges. 


1.  The  Mayor  and  City  Council  have  power  to  provide 
by  ordinance  for  the  appointment,  as  other  city  officeis  are 
appointed,  of  Visitors  or  other  Superintendents  of  the  Jail 
of  said  city,  and  to  prescribe  the  powers  and  duties  of  such 
visitors  or  superintendents  ;  provided,  that  until  the  Mayor 
and  City  Council  of  Baltimore  shall  have  acted  in  the  pre- 
mises, the  powers  and  duties  of  the  Visitors  of  the  Jail  of 
Baltimore  City  shall  be  such  as  are  prescribed  by  the  sec- 
tions of  this  article  ;  and  provided  further,  that  when  the 
said  Mayor  and  City  Council  shall  have  by  ordinance  pre- 
scribed the  powers  and  duties  of  tlie  Visitors  of  the  Jail  of 
Baltimore  City,  then,  and  in  that  event,  the  operation  of 
the  sections  of  this  article,  from  section  4  to  section  33, 
inclusive,  shall  cease,  and  the  said  sections,  from  section  4 
to  section  33,  inclusive,  shall  be  ipso  facto  repealed. 

2.  All  titles  to  property  of  any  and  every  kind  now  held 
by  the  Visitors  of  the  Jail  of  Baltimore  City,  shall  be  and 
they  are  hereby  transferred  to  and  vested  in  the  Mayor  and 
City  Council  of  Baltimore,  to  all  intents  and  purposes,  and 
all  powers  and  privileges  heretofore  conferred  upon  the  said 
Visitors  of  the  Jail  of  Baltimore  City,  shall  be  and  they  are 
hereby  conferred  upon  the  Mayor  and  City  Council  alore- 
said. 


Ibid, s.  3.  3.     Each  visitor  so  apj»ointed  shall,  before  he  proceeds  to 

vifitor'soath.    act,  take  and  subscribe  before  the  Mayor  the  oatli  of  office 


Jail.  535 

Article  XXIX.— Statutes. 


prescribed  in  the  sixth  section  of  the  first  article  of  the 
iK_        constitution.* 

4.  Three  Visitors  shall  at  any  time  form  a  quorum  for  p.  l. l.,  art.  4, 

86C     571 

the  transaction  of  business.  Quorum. 

5.  They  shall  choose  annually,  at  their  first  meeting  in  ibid,  sec.  572, 
the  month  of  April,  or  at  some  subsequent  meeting,  a  President  and 
president  and  secretary  from  among  the  members  of  the 

board. 

6.  The  presiilerit  shall  preside  at  all  meetings  of  the  iwd, sec.  573. 
board;  the  secretary  slial  I  keep  the  minutes  of  their  pro- Duties, 
ceedings. 

7.  They  shall  meet  on  the  first  Tuesday  of  every  month,  iwd,  sec 574. 

or  at  such  other  times  as  they  may  direct ;  special  meetings  Time  of  meet- 
ing, 
may  be  called  at  any  time  by  the  president  or  any  two  mem- 
bers, on  giving  three  days'  notice  in  writing  to  the  members. 

8.  They  shall  have  full  power  and  authority  as  often  as  iwd, sec.  575. 
they  may  deem  it  necessary  to  visit  the  jail,  and  the  prison-  Power  to  make 

•'  "'  •'  J         '  1  ^        by-laws  and 

ers  confined  therein  ;  to  make  by-laws  for  the  internal  police  visitjaii. 
and   good  government  thereof,  and  for  the  preservation  of 
the  building.s  and  other  property. 


9.     Tliey   shall    regulate  and    i)rovide   the  diet    of   the  ibid, sec.  576. 
prisoners,  procure  necessary  bedding  and  clothing  'or  their  To  provide  for 

_  _       prisoners  and 

use ;  make  such   repairs,  alterations  aud  improvements  in  repairjau. 


*  This  act  of  1868,  c.  3,  repealed  sections  567, 568,  569,  and  570,  of  Art.  4 
of  P.  L.  L.,  and  substituted  the  above  for  sections  567,  568  and  569.  The 
oath  of  office  referred  to  is  as  follows : 

I, ,  do  swear,  (or  affirm,)  that  I  will  support  the  constitution  of  the 

United  States,  aud  that  I  will  be  faithful  and  bear  true  allegiance  to  the 
State  of  Maryland,  and  support  the  constitution  and  laws  thereof;  and  that 
I  will,  to  the  best  of  my  skill  and  judgment,  diligently  and  faithfully,  with- 
out partiality  or  prejudice,  execute  the  office  of according  to  the 

constitution  and  laws  of  this  State. 


536 


Jail. 


Article  XXIX.— Statutes. 


and  about  the  jail  as  they  may  deem  necessary,  and  provide 
medicines  and  attendance  for  such  of  the  prisoners  as  are 
sick. 


Ibid,  sec.  577. 

To  keep  crimi- 
nals separate 
from  persons 
awaiting  trial. 

Labor. 


Ibid,  sec.  578. 
Vagrants  to 
worli. 


Ibid,  sec.  579. 

May  employ 
and  pay  others 
by  consent. 


Ibid,  sec.  580. 

To  keep  ac- 
counts of  ex- 
penses. 

Ibid,  sec.  581. 
Warden . 
Duties. 


Ibid,  sec.  583. 

Pay  and  fees  of 
warden. 


10.  They  shall  keep  atl  persons  confined  in  said  jail  by 
sentence  of  a  court  for  offences  punished  by  confinement 
therein  at  hard  labor  in  some  useful  employment,  and  shall 
frame  such  regulations  as  shall  be  necessary  to  the  industry, 
quiet  and  discipline  of  such  persons,  and  shall  have  them 
kept  separate  from  persons  in  confinement  awaiting  trial, 
or  for  other  causes. 

11.  They  shall  also  require  all  vagrants  confined  in  said 
jail  to  w^ork  ana  labor  about  the  premises. 

12.  They  may,  with  their  consent,  employ  other  persons 
confined  therein  in  such  work  and  labor  in  and  about  the 
premises  as  may  be  consistent  with  their  safe  keeping,  and 
shall  keep  an  account  of  the  earnings  of  such  persons,  and 
shall,  upon  their  discharge,  allow  them  two-thirds  of  the 
net  proceeds  thereof,  to  be  ascertained  by  the  visitors. 

13.  They  shall  keep  regular  books  of  accounts,"  in  which 
the  whole  expenses  of  the  jail,  whether  for  supplies,  salaries 
of  officers,  repairs  or  incidentals,  shall  be  distinctly  stated. 

14.  They  shall  appoint  a  fit  person  as  warden  of  the 
jail  of  Baltimore  city,  who  shall  take  charge  of  the  prison 
and  prisoners  therein,  and  exercise  during  his  continuance 
in  office  the  same  powers  and  be  subject  to  the  same  penal- 
ties and  forfeitures,  and  be  responsible  for  escapes,  in  the 
same  manner  and  to  the  same  extent  as  tlie  sheriff's  of  the 
respective  counties,  and  shall  perform  such  other  duties  as 
shall  be  required  of  him  by  said  Visitors. 

15.  He  shall  be  entitled  to  collect  and  leceive  in  his  own 
name,  but  for  the  use  of  the  Visitors,  all  jail  fees  ;  and  in 
case  of  dispute  between  the  warden  and  any  pri.soner,  or  the 
master  of  any  apprentice,  in  relation  to  the  amount  of  fees 


Jail.  537 

Article  XXIX.— Statutes. 


dem.aiided  by  the  warden,  which  shall  be  the  subject  of  con- 
test before  a  justice  of  the  peace  for  said  city  ;  either  party 
against  whom  judgment  shall  be  given,  whatever  may  be 
the  amount  in  dispute,  may  ai)peal  to  the  Baltimore  City  Appeal. 
Court. 

16.  The  said  warden  shall,  before  he  enters  upon  the  ibia,  sec.  ssa. 
duties  of  his  office,  give  bond  to  tlie  State,  with  at  least  two  Bond  of  warden, 
securities,  to  be  approved  by  the  Visitors,  in  the  penalty  of 

ten  thousand  dollars,  conditioned  for  the  laithful  perform- 
ance of  his  duty  as  warden,  and  for  the  safe  keeping  of  all 
such  persons  as  shall  be  committed  by  legal  authority  to  the 
jail  of  Baltimore  city  ;  which  bond  shall  be  filed  and  re- 
corded in  the  Criminal  Couit  of  Baltimore. 

17.  He  shall  also  take  and  subscribe  an  oath  that  he  will  ibid,  sec.  584. 
duly  and  faithfully  execute  the  duties  and  trusts,  and  exer-  Hiscith. 
cise  the  powers  committed  to  and  vested  in  him  as  warden 

of  the  jail  oi'  Baltimore  city, 

18.  The  Visitors  shall  prescribe  the  number  and  duties  iwd,  sec.  sss. 
of  the  assistants  who  may  be  necessary  to  be  employed  by  visitors  to  nre- 

*  "^  1.       »  8crib<:  number 

said  warden,  but  the  wa-den  shall  have  the  apl'<^intment  ^f^'ssist^nts^^ 
and  removal  of  such  assistants,  subject  to  the  approval  of  P|'o"e.'""^ '^*' 
the  Visitors. 

19.  All  commitments   of  prisoners  to  the  jail  of  Balti- ibid,  sec.  see. 
more  city  shall  be  directed  to  the  warden  of  said  jail,  whose  commitments 

•'  to  be  directed 

duty  it  shall  be  to   receive  the  prisoners  from   the  officers '"«'■''''">• 
having  them  in  charge. 


so 


20.     He  shall  conduct  all  prisoners  in  his  custody  to  and  ibid,  sec.  ssr. 

rrom  court. 


from  the  courts,  when  the  said  courts  shall  direct  him  to  do  To  conduct 

'  prisoners  (o  ana 


^See  further  under  article  XIV,  Courts,  p.  203,  &c.,  ante. 


538  Jail. 

Article  XXIX.— Statutes. 


Ibid,  sec.  588.         21.     He  shall  account  with  the  Visit(»rs  for  all  sums  of 
To  account  for    monej  wliicli   he  may  collect  as  jail  fees  for   prisoners  con- 

JAil  lees. 

fined  in  the  jail,  or  from  any  other  source  connected  with 
the  institution. 

Ibid,  sec.  589.         22.     The  Visitors  shall  allow  such  compensation  to  the 
Hiscompensa-    Warden  and  his  assistants  as  they  may  think  reasonable  and 

tiou. 

proper. 
Ibid,  sec.  590.         23.     They  may,  at  their  will  and  pleasure,  remove  said 

May  he  removed  i  r  m  i  •  i  •       i   ■  i 

by  visitors.        wapcleu  iroiii  oiiice  and  appoint  another  in  his  stead. 

Ibid,  sec. 591.         24.     They  shall  annually  make  out  and  lay  beft)re  the 
Visitors  to  re-    Mayor  and  City  Council,  a  full  statement  of  all  the  public 

port  annually 

to  Mayor  and     mouey  reccivcd  by  them  from  the  Register  of  the  said  city, 

Council  expeii-  j  j  o  ^  ' 

sesof  jail.  Qj.  fYotn  any  other  source,  and  the  manner  in  which  it  has 
been  expended,  with  an  estimate  of  what  will  be  necessary 
for  the  following  year,  which  estimate  shall  be  levied  on 
the  property  in  said  city  and  paid  to  the  Visitors. 

Ibid,  spc.  59J.        25.     No  warden,  or   any  person   by  him  employed,  shall 
Warden notto   kccf)  a  tavcm  for  thc  sale  of  spirituous  liquors  within   the 

sell  liquor. 

said  jail,  or  within  one-eighth  of  a  mile  of  the  limits  there- 
of; and  if  the  warden,  or  any  person  by  him  employed,  shall, 
either  by  themselves  or  others,  dispose  of,  sell  or  retail,  or 
be  concerned  with  others  in  the  disposal,  sale  or  retailing 
of  any  spirituous  liquors  of  any  kind  to  any  [lerson  or  per- 
sons coming  to  said  jail  on  a  visit,  or  to  any  prisoner  or 
prisoners  confined  therein,  he  shall  forfeit  and  pay  the  sum 
Penalty.  of  twenty  dollars,  to   be   recovered  by  indictment  and   ap- 

plied to  the  use  of  the  city. 

Ibid. sec. 593.         20.     No  cldcr,  beer,  wine-,  brandy,  rum,  whiskey,  or  other 
No  liquors  to  be  spirituous  liouor,  shall  be  brought  within  the  jail  lot  by  any 

brougut  into 

j"i-  warden  or   othtr  person   having   charge  thereof,  or  by  any 

prisoner,   visitor_,  or  any  other  person,  except  by  order   of 
the  attending  physician  or  physicians   thereof,  and  except 


Jail.  539 

Article  XXIX.— Statutes. 


such  small   quantities  as   may  be  ab.solutely  wanted  to  be 
consumed  by  the  warden  and  his  family  and  a-ssistants. 

27.  No  person  except  the  attorney  or  attorneys  of  a  pris-  iMd,  sec,  594, 
oner  shall  be  permitted  to  visit  a  prisoner  or  prisoners  within  No  persons  ex- 

.,..,  1     .  ,  ,  •!!•  K  t  cept  attorneys, 

said  jail  or  lot,  unless  by  special  license  irom  the  warden,  &c..  to  visit 

'  prlsoiierg. 

or  some  judge  or  justice,  or  other  person  legally  authorized 
tu  give  the  same. 

28.  If  any  warden  shall  introduce,  or  suffer  to  be  intro-  ibw,  sec.  595. 
diiced,  within  the  jail  lot   knowing  it  to  be  done  contrary  to  penalty  aKainst 
law,  any  such  spirituous  liquors,  he  shall  forfeit  and   pay  bringinB  liquor 
the  sum  of  one  hundred  dollars  for  each  and  every  offence, 

to  be  recovered  by  indictment,  one-half  to  the  informer  and 
the  other  half  to  the  use  of  said  city. 

29.  If    any  assistant  warden,   or  other  person  having  iMd, sec. 596. 
charge  of  said  prison  or  prison  lot,  shall  introduce  any  such  penalty  against 

..  -,.  /vi  1        •  111  •  assistant  war- 

.suirituous  liquors,  or  suffer  them  to  be  introduced,  knowing  <i.;n,  ic,  for 

,  'CI  brinKi"B  liquor 

it  to  be  done  contrary  to  law  ;  or  sliall  admit  any  person  or  jntojaiiorad- 

•'  ■  •>    I  mtttuiK  iinau- 

persons  (with  the  exception  of  the  attorney  of  a  person  con- so",s'^*'* ''^''" 
fined  iu  said  pri.son,)  to  enter  said  jail  or  lot  without  license 
us  aforesaid,  each  and  every  of  them  so  offending  shall  be 
suspended  from  his  office,  and  be  incapable  of  holding  any 
office  or  charge  within  said  prison  or  lot  lor  the  space  of  one 
year  thereafter. 

30.  All  persons  convicted  of   offences  in  the  Criminal  ibid, sec. 597. 
Court  of  Baltimore,  and  who  are  sentenced  to  imprisonment  Labor. 

iu  Baltimore  city  jail,  shall  be  put  to  and  required  to  labor 
during  such  confinement. 


31.     All  persons  hereafter  sentenced  to  be  imj)risoned  in  ibid,  sec.  59R. 
in]  jail  for  offences  by  the  said  court  shall  be  kef 
re,  and  not  be  allowed  any  other  'bod  or  drint 
the  written  direction  of  the  physician  of"  the  jail. 


said  jail  for  offences  by  the  said  court  shall  be  kept  on  prison  prisoners  to  be 

^'  kept  on  prison 

fare,  and  not  be  allowed  any  other  'bod  or  drink,  unless  by  fare. 


540  Jail. 

Article  XXIX.— Statutes. 


Ibid,  sec.  599.        32.    No  adtiiission  of  visitors  shall  be  allowed  to  condemae( 
Who  to  visit      prisoners  durinsr  their  confinement,  except  the  official  visitor 

condemned 

prisoners.         of  \]^q  jajl^  ministers  of  the  gospel,  physicians  and  lega 

counsel. 
Ibid,  sec.  600.        33.     Nothing  contained  in  the  last  three  preceding  sec 
How  prisoners  tions  shall  apply  to  prisoners  in  the  said  jail  who  are  unde 

under  sentence 

of  death  to  be    scntcnce  of  death. 

treated . 

CONVICTS. 

fec^isV.' "'  ^'      ^4-     ^11  persons  confined  in  the  jail  of  Baltimore  city  fo 

kept' af hard ''^  offcnces  punished  by  confinement  in  said    jail  shall,  afte 

*  *"^'  conviction,  be  kept  occupied  at  hard  labor  in  some  usefu 

employment,  and  the  Visitors  of  the  said  jail  shall  frami 

Regulations,     gu^h  regulations  as  may  be  necessary  to  the  industry,  quie 

and  discipline  of  the  persons  confined  in  said  jail  who  maj 

have  been  convicted  of  any  offences  punishable  as  aforesaic 

by  confinement,  and  ordered  to  be  confined  therein. 

Ibid,  sec.  159.        35,     All  pcrsons  confined  in  said  jail  under  the  provisions 
To  be  kept       of  the  preceding  section  shall  be   kept  separate  from  suet 

separate  from  .  _  .    .  •    i  p  i 

persons  await-   persoHS  as  are  in  confinement  awaiting  trial,  or  tor  other 

ing  trial,  &c.        '^  . 

offences. 

VAGRANTS,  &c. 

1862,  c.  8.  36.     The  warden  of  the  jail  of   the  city  of  Baltimore 

Warden  to  send  shall  prepare  and  send  to  the  judge  of  the  Criminal  Court 
to  Criminal  '    of  Baltimore,  on  each  and  every  Saturday,  a  full  and  com- 

Court. 

plete  list  of  the  names  of  all  persons  who  are  committed  to 
his  custody  by  the  justices  of  the  peace  of  said  city,  either 
as  vagrants  or  in  default  of  security  to  keep  the  peace  ;  and 
the  judge  of  the  said  court  shall  have  full  power  to  review 
the  said  commitment,  and  upon  examination  of  the  various 
cases  so  reported  to  him  by  the  warden  of  the  jail  as  afore- 
said, he  shall  discharge  or  recommit  the  said  parties  for  a 
term  not  to  exceed  six  months,  as  in  his  discretion  may  bo 
most  conducive  to  the  preservation  of  public  peace  and  order. 


Jail.  541 

Article  XXIX. — Ordinance. 


The  justices  of  the  peace  of  the  city  of  Baltimore  are  hereby  justices' costs- 
prohibited  from  charging  costs  in  the  cases  above  named, 
unless  the  parties  are  recommitted  by  order  of  the  judge  of 
Hiiid  court.* 

ORDINANCE. 

There    shall   be   annually   appointed,    in   the   month   of  No.  45,  May  le, 
February,  as  other  city  officers  aie  appointed,  five  discreet  rive  visitors  of 

.    .  1         T    -1       p  the  jail  ap- 

])ersons,  to  be  known  as  or  called  the  Visitors  oi  the  Jail  of  poi'>'ed. 
I'.altiraore  City,  whose  duties  shall  be  such  as  are  prescribed  Their  duties, 
in  sections.  Statutes,  of  this  article. f 

*  See  art.  LII,  Vagrants. 

tThe  present  jail  was  erected  under  the  provisions  of  ordinances  No.  42, 
May  23,  '51,  No.  20,  Apl.  20,  '58,  No.  28,  May  31,  '58  No.  13,  Feb.  4,  '59,  No. 
17,  Feb.  18,  '59,  No.  7,  Mar.  26,  '61.  See  as  to  contract  for  building  jail, 
Mayoi\  d-c,  v.  Reynolds,  20  Md.  1. 


542 


Jones'  Falls. 


Article  XXX. 


AllTICLE  XXX. 


JONES'  FALLS. 


STATUTES 


IMPROVEMENT. 

1.  Jones'  Falls  to  be  improved. 

2.  Mayor,  &c.,  may  acquire  neces- 

sary property :  may  assess 
damages  and  benefits:  other 
powers. 

3.  Limits  of  Jones'  Falls  to  be  de- 

fined: title  to  land,  wharves, 
&c. 

4.  Mayor,  &c.,  may  change  grades 

of  streets. 

5.  May  provide  for  expenses. 

6.  What  sections  of   public  local 

law  not  applicable :  proviso. 


7.  Ordinance  confirmed. 

STOCK. 

8.  Authority  to  issue  bonds:  ordi- 

nances: proviso. 

9.  Authority  to  issue  additional 

bonds. 

10.  Registered  or  coupon  bonds. 

WALLS. 

11.  Owners  of  property  binding  on 

Jones'  Falls  to  build  walls :  re- 
building or  repairing  walls: 
costs,  lien. 


ORDINANCES 


IMPROVEMENT. 

Regrading,  &c.,  streets  in  flooded 
district:  grades. 

Excavation,  &c.,  of  Jones'  Falls : 
authority  of  Mayor  and  City 
Commissioner. 

Purchase  or  condemnation :  ap- 
peal. 

Sewer. 

Appropriation. 

Powers  of  Mayor  and  City  Com- 
missioner. 

Preference  to  home  work  and 
material. 

Surrender  of  property  by  own- 


ers :  purchase  or  condemna- 
tion :  appeal. 
9.  Plans  and  proposals  for  bridges 
over  Jones'  Falls :  work  to  be 
done  by  Baltimore  mechanics 
and  workmen. 

10.  Overflow  of  falls :  duty  of  City 

Commissioner:  Register  to  pay. 

STOCK. 

11.  Issue  to  amount  of  2,500,000. 

12.  How  bonds  to  be  issued. 

WALLS. 

13.  Building,  repairing,  &c.,  walls. 

14.  Refusal  or  neglect :  duty  of  City 

Commissioner ;  cost :  a  lien. 


Jones'  Falls.  543 


Article  XXX.— Statutes. 


STATUTES. 
IMPROVEMENT. 

1.  The  Mayor  and  City  Council  of  Baltimore  are  hereby  isto,  c  us. 
authorized  and  empowered  to  make  such  improvements  in  eon-  Jonea' Fails  to 

_  •  '  be  improved. 

nection  with  Jones'  Falls  as  in  the  judgment  of  the  Mayor  and 
City  Council  of  Baltimore  are  desirable ;  and  for  this  purpose 
to  change  the  course,  lines  and  boundaries  of  the  said  stream, 
in  whole  or  in  part;  to  widen  and  deepen  the  same;  to  lay 
out  and  construct  on  the  sides  of  and  adjacent  to  the  said 
stream,  streets,  avenues  and  wharves:  to  construct  all  such 
sewers  and  drains  in  said  city  as  shall  be  deemed  requisite  in 
connection  with  the  said  improvement;  and  generally  to  do 
all  sueli  things  and  exercise  all  such  powers  as,  in  the  judg- 
ment of  the  said  Mayor  and  City  Council  of  Baltimore,  shall 
be  necessary  to  be  done  and  exercised  for  the  accomplishment 
of  any  plan  or  plans  for  the  improvement  of  Jones'  Falls, 
which  have  been  or  may  be  adopted  by  the  said  Mayor  and 
City  Council  of  Baltimore. 

2.  The  Mayor  and  City  Council  of  Baltimore  shall  have  ibid,  s.  2. 
the  power  at  any  time  to  acquire  all  property  of  every  kind  Mayor,  &c., 

.     ,  ,       ,  '  r       I         J  ^  may  acquire  ne- 

and  description  which  it  may  be  necessary  or  advisable,  in  the  c^ssary  prop- 
judgment  of  the  said  Mayor  and  City  Council  of  Baltimore, 
to  acquire  for  the  accomplishment  of  the  purposes  mentioned 
in  the  lirst  section  of  this  act,  and  shall  moreover  have  full 
power  to  provide  for  the  ascertainment  of  the  value  of  all 
property,  and  rights  of  property,  which  it  is  thus  authorized  to 
acquire;  and  also  to  ascertain  whether  any  and  what  amount, 
in  value,  of  damages  will  be  caused  by  the  construction  of  the 
aforesaid  works  of  improvement  in  connection  with  Jones' 
Falls,  or  any  of  them,  to  the  owner  or  possessor  of  any  prop- 
erty, or  rights  of  property,  within  the  said  city,  for  which  said 
owner  or  possessor  ought  to  be  compensated ;    and  also  to 


544 


Joneb'  Falls. 


Article  XXX. — Statutes. 


Alay  ussess 
damages  and 
beneiits. 


Other  powers. 


ascertain  what  amount  of  benefits  will  be  caused  by  the  con- 
struction of  the  aforesaid  works  of  improvement,  or  any  of 
them,  to  the  owner  or  possessor  of  any  property,  or  rights  of 
property,  within  the  said  city,  for  which  such  owner  or  posses- 
sor ought  to  pay  a  compensation ;  and  to  provide  for  assessing 
and  levying,  either  generally  on  the  whole  assessable  property 
of  said  city,  or  specially  on  the  property  of  persons  benefitted 
the  whole  or  any  part  of  the  amount  of  damages  and  expenses 
which  shall  be  ascertained  will  be  incurred  in  constructing 
such  works  in  connection  with  the  improvement  of  Jones' 
Falls  as  the  said  Mayor  and  City  Council  of  Baltimore  liave 
determined  or  shall  determine  to  make;  to  provide  for  grant- 
ing appeals  to  the  Baltimore  City  Court  from  the  decisions  of 
any  commissioners,  or  other  persons  appointed  in  virtue  of  any 
ordinance ;  to  ascertain  the  value  of  the  property  which  the 
city  may  wish  to  acquire  for  the  purposes  aforesaid,  or  the 
damages  which  will  be  caused,  or  the  benefits  which  will  ac- 
crue by  the  construction  of  the  aforesaid  works  of  improve- 
ment ;  and  to  secure  to  every  owner  or  possessor  of  any  prop- 
erty, or  right  to  property,  which  the  said  Mayor  and  City 
Council  thus  purpose  to  acquire,  or  which  may  be  thus  de- 
cided to  be  damaged  or  benefitted,  the  right,  on  application 
within  a  time  to  be  prescribed  by  any  ordinance  of  said  Mayor 
and  City  Council,  to  have  decided  by  a  jury  trial  the  true  value 
of  the  property  proposed  to  be  acquired  for  the  purposes  afore- 
said, and  whether  any  and  what  damage  will  be  caused,  or 
any  and  what  benefit  will  accrue  to  the  owner  or  possessor  of 
the  property  so  assessed  for  damages  and  benefits  respectively ; 
and  further,  to  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  entitled,  or 
investing  it  in  stock  of  the  said  corporation,  bearing  not  less 
than  five  per  cent,  interest  for  the  use  of  the  person  so  adjudged 
to  be  entitled  to  the  same,  and  to  provide  for  the  collection  by 
sale  of  the  property  assessed  or  otherwise  of  all  sums  assessed 
as  benefits  as  aforesaid,  and  generally  to  enact  and  pass  all 


Jones'  Falls.  545 

Article  XXX.— Statutes. 


ordinances,  from  time  to  time,  which  shall  be  deemed  necessary 
and  proper  to  exercise  the  powers  and  eifect  the  objects  for  the 
exercise  and  accomplishment  of  which  this  act  is  passed. 

3.  The  Mayor  and  City  Council  are  hereby  authorized  and  iwd,  s.  3. 
empowered  to  define  and  locate  the  limits  of  Jones'   Falls  Limits  of  Jones' 

_  *^  ^  Kalis  to  be  de- 

within  the  city  of  Baltimore,  and  to  acquire  by  purchase  or  <*"»•*!• 
condemnation,  under  proceedings  for  which  provision  is  made 
in  the  second  section  of  this  act,  the  absolute  and  exclusive 
right  and  title  to  all  the  land  and  rights  of  property  embraced  Title  to  land, 
within  the  said  limits ;  and  in  the  ground  covered  by  all  streets 
or  avenues  which  the  said  Mayor  and  City  Council  shall  lay 
out  and  condemn  on  the  sides  of  said  stream,  the  said  Mayor 
and  City  Council  of  Baltimore  shall  have  an   estate  in  fee 
simple;  and  the  said  Mayor  and  City  Council  of  Baltimore 
shall  have  power,  and  it  is  hereby  authorized  to  construct 
wharves  or  quays  along  the  margin  of  said  stream,  or  use  the  wharres,  &c. 
said  streets  and  avenues  for  wharf  or  quay  purposes,  and  col- 
lect tolls  and  wharfage  from  all  vessels  or  boats  using  the  same. 

4.  The  Mayor  and  City  Council  of  Baltimore  are  authoriz  ibid,  8.4. 
ed  and  empowered  to  make  such  changes  in  the  grades  of  the  Mayor,  ac, 

may  chaoge 

streets  in  the  city  as  shall,  in  the  judgment  of  the  said  Mayor  Kradesoi 

•'  ^  J        o  J         streets. 

and  City  Council,  be  necessary  and  requisite  for  the  proper 
construction  of  the  works  connected  with  the  improvement  of 
Jones'  Falls,  which  said  Mayor  and  City  Council  may  deter- 
mine to  construct ;  and  it  shall  not  be  necessary,  in  order  to 
make  such  changes  in  the  grades  of  said  streets,  to  obtain  the 
assent  of  any  of  the  proprietors  of  the  ground  fronting  on 
said  streets,  or  affected  by  such  changes. 

5.  The  Mayor  and  City  Council  of  Baltimore  are  hereby  iwd,  >.  5. 
authorized  to  make  such  provisions  as  to  them  shall  seem  best.  May  provide  for 
for  defraying  the  cost  of   the   grading  and    paving   of   any 

streets  or  avenues  which  they  may  lay  out  and  condemn  along 
the  margin  or  sides  of  said  Jones'  Falls. 


546  Jones'  Falls. 


Article  XXX.— Statutes. 


Ibid,  s.  6.  6.     None  of  the  provisions  of  Article  lY.  P.  L.  L.,  in  re- 

what  sections    ferenco  to  constructing  sewers  and  opening;  and  paving;  streets 

not  applicable  ®  r  »  r  D 

hereto.  in  tlic  citj  of   Baltimore,  [Art.  XLIV,  and   XL VII,]  shall 

apply  to  the  construction  of  the  sewers,  and  to  the  opening 
and  paving  of  the  streets  and  avenues,  for  which  provision  is 
made  in  this  act,  save  in  so  far  as  the  said  provision  may  be 
made  applicable  thereto  by  an  ordinance  or  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore  passed  for  that  purpose; 

Proviso.  and  provided  further,  that  no  appeal   shall  lie  from  the  deci- 

sions of  the  Baltimore  City  Court  in  proceedings  in  said  court 
under  this  act. 

Ibid,  s.  7.  7.     All  of  the  provisions  of  an  ordinance  of  the  Mayor  and 

Ordinances  con- City  Council  of  Baltimore,  entitled  An  ordinance  to  provide 
for  the  improvement  of  Jones'  Falls  within  the  limits  of  the 
city  of  Baltimore,  approved  January  31st,  1870,  [No.  12,] 
shall  have  the  same  force,  effect  and  operation,  and  be  in  all 
respects  as  valid,  as  if  the  said  ordinance  had  been  passed  after 
the  approval  of  this  act,  or  had  been  passed  after  the  enact- 
ment of  a  law  by  the  General  Assembly  of  Maryland  authoriz- 
ing and  empowering  the  Mayor  and  City  Council  of  Baltimore 
to  pass  such  an  ordinance. 

STOCK. 


fimed. 


1870, 0.  113.  8.     The  Mayor  and  City  Council  of  Baltimore  are  authorized 

Authority  to      to  issuo  bouds  to  an  amount  not  exceeding  two  millions  five 

issue  bonds.         iiii  iin„  .  .  i 

hundred  thousand  dollars,  irom  time  to  time,  as  the  same  may 
be  required  in  the  course  of  the  construction  of  the  works 
connected  with  the  improvement  of  Jones'  Falls,  for  the  con- 
struction of  which  provision  is  made  by  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  entitled  An  ordinance 
to  provide  for  the  improvement  of  Jones'  Falls,  within  the 
limits  of  the  city  of  Baltimore,  and  to  open  avenues  and 
construct  sewers  on  the  borders  thereof,  the  said  bonds  to 
be  issued  in  sums  of  not  less  than  one  hundred  dollars  each, 
redeemable  in   thirty  years,  and  bearing  interest  of  six    per 


Joneb'  Falls.  547 

Article  XXX.— Statutes. 


centum,  per  annum,  payable  quarterly,  transferable  as  other 
city  bonds,  as  provided  in  sections  one  and  two  of  an  ordi- 
nance of  the  Mayor  and  City  Council  of  Baltimore,  entitled  An  ordinances, 
ordinance  to  authorize  the  issuing  of  the  bonds  of  the  city  of 
Baltimore  for  the  purpose  of  providing  means  for  the  improve- 
ment of  Jones'  Falls,  approved  January  31st,  1870,  [No.  12,] 
provided,  that  said  bonds  shall  not  be  issued  unless  the  said  Proviso, 
last  mentioned  ordinance  shall  be  approved  by  the  votes  of  a 
majority  of  the  legal  voters  of  the  said  city,  cast  at  the  time 
and  places  provided  for  in  the  said  last  mentioned  ordinance. 
[See  p.  553,  j>ost.] 

9.  The  Mayor  and  City  Council  of  Baltimore  are  hereby  1874,  c.  179,  s.  i. 
authorized  to  issue  bonds  to  an  amount  not  exceeding  one  mil-  Authority  to  ig- 
lion  five  hundred  thousand  dollars,  in  addition  to  the  amount  bonds. 

of  two  million  five  hundred  thousand  dollars  heretofore  pro- 
vided for;  the  issue  of  said  additional  bonds  to  be  made  on 
the  terms  and  conditions  and  in  pursuance  of  the  provisions  of 
an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  ordinances, 
entitled  An  ordinance  supplementary  to  an  ordinance  entitled 
an  ordinance  to  authorize  the  issuing  of  the  bonds  of  the  city 
of  Baltimore  for  the  purpose  of  providing  means  for  the  im- 
provement of  Jones'  Falls,  approved  January  31,  1870,  being 
No  12,  and  to  authorize  an  additional  issue  of  one  million 
five  hundred  thousand  dollars  for  the  same  purpose,  approved 
1874. 

10.  Such  portion  of  the  bonds  of  the  two  million  five  hun-  ibid,  g.a. 
dred  thousand  dollars  issue  authorized  by  the  Act  of  Assembly  Registered  or 
to  which  this  is  a  supplement,  as  have  not  already  been  issued,  *^''"''°" 
may  be  issued  as  registered  or  coupon  bonds,  on  the  terms  and 
conditions  and  in  pursuance  of  the  provisions  of  the  above  re- 
cited ordinance,  approved  1874,  in  relation  thereto.* 


*  The  above  recited  ordinance  was  submitted  to  the  voters  of  the  city, 
April  21, 1874,  and  rejected. 


548  Jones'  Falls. 


Article  XXX. — Ordinances. 


WALLS. 


1864,  c.  163.  11.     The  Mayor  and  City  Council  of  Baltimore  may,  when- 

owners  of  prop- ever  tliev  deem  it  necessary,  compel  any  individuals,  compa- 

erty  binding  on      .  -^  J  ^  r  j  '  j 

buud  watis^  *°  "''^^'  ^^  bodies  politic,  owning  property  binding  on  Jones'  Falls, 
within  the  limits  of  the  city,  to  wall  up  such  property,  so  far 
as  the  same  may  bind  on  the  falls,  with  a  good  and  sufficient 
stone  wall,  to  such  height  as  in  their  judgment  the  public 
good  may  require,  and  to  have  the  same  backed  up  or  filled 
in  with  earth,  so  as  to  secure  the  same  and  the  adjacent 
property  from  danger  of  being  inundated  with  water ;  and 
the  said  Mayor  and  City  Council  may,  whenever  they  deem  it 
necessary,  compel  any  individuals,  companies,  or  bodies  politic. 

Rebuilding  or  to  rebuild  or  repair,  in  a  good  and  sufiicient  manner,  any  stone 
"  wall  owned  by  them  and  binding  on  Jones'  Falls,  within  the 
city  limits;  and  should  any  individuals,  companies,  or  bodies 
politic,  neglect  or  refuse  to  wall  up  Jones'  Falls,  rebuild  or  re- 
pair any  such  wall  within  the  limits  of  the  City  of  Baltimore, 
when  required  so  to  do  by  the  Mayor  and  City  Council,  the 
said  Mayor  and  City  Council  may  cause  the  same  to  be  done  ; 
and  they  are  hereby  authorized  and  empowered  to  recover  the 

Costs.  costs  of  such  wall,  rebuilding  or  repairing,  by  suit  at  law,  from 

the  party  or  parties  who  may  have  refused  or  neglected  to 
build,  rebuild  or  repair  such  wall,  and  the  cost  of  such  wall 

Lien.  shall  be  a  lien  on  the  property  so  walled  up  or  repaired.* 

ORDINANCES. 

IMPROVEMENT. 

No.  131,  Nov.  9,      1.   The  City  Commissioner  is  hereby  authorized  and  required 
Regrading,  &c.,  to  have  regraded,  rekerbed  and  repaved  the  following  herein 

streets  in   flood-  .    .  n     i  ,  ^^  i  , 

ed  district.       named  streets,  comprising  all  the  streets,  lanes,  alleys  and  pub- 

*  The  act  of  1821,  c.  253,  on  same  subject  was  declared  unconstitutional 
in  Mayoi',  &g.,  Baltimore  v.  Lefferman,  4  Gill,  425.  See  Lester  v.  Mayor,  <&c., 
29Md.  419;  38Md.  229. 


Jones'  Falls.  549 


Article  XXX. — Ordinances. 


lie  throaghfares  within  the  district  flooded  by  the  freshet  of 
Jones'  Falls,  July  14,  1868,  or  so  much  of  the  same  as  may  be 
necessary ;  the  grades  of  the  same  shall  be  changed  so  that  the  Grades, 
lowest  point  on  those  streets  shall  not  be  below  the  heights 
specified  and  mentioned  on  the  following  named  streets,  said 
heights  being  the  number  of  feet  above  mean  tide,  namely : 
Centre  street,  between  Calvert  and  Front  streets,  21  feet;  Frank- 
lin street,  between  Calvert  and  Hoi  lid  ay  streets,  21  feet;  Bath 
street,  between  Calvert  and  Front  streets,  20^  feet ;  Pleasant 
and  Hillen  streets,  between  Courtland  and  High  streets, 
20  feet ;  Saratoga  street,  between  Courtland  and  Gay  streets, 
18  feet ;  Lexington  street,  between  Calvert  and  HoUiday  streets, 
16  feet ;  Fayette  street,  between  Gay  and  High  streets,  14^ 
feet;  Baltimore  street, between  Gay  and  High  streets,  13  feet; 
Swan  and  Plowman  streets,  between  Centre  Market  and  High 
street,  12  feet;  Second  street  and  Fish  Market  Space,  between 
Gay  street  and  Jones'  Falls,  11  feet;  Lombard  street, between 
Commerce  and  Albemarle  streets,  10  feet ;  Pratt  street,  7  feet 
at  Commerce  street,  8 J  feet  at  Centre  Market  Space,  and  thence 
to  Albemarle  street,  9  feet ;  and  the  grades  of  Calvert,  Davis, 
North,  HoUiday,  Gay,  Frederick,  Harrison  and  Front  streets, 
Centre  Market  Space,  Mill  and  Concord  streets,  and  East  and 
West  Falls  avenues,  and  all  other  streets,  alleys  or  public 
thoroughfares  or  highways  intersecting  with  the  before  named 
streets  within  the  flooded  district  aforesaid,  shall  be  rcgraded, 
rekerbed  and  repaved  as  much  as  may  be  necessary,  to  conform 
to  the  regraded  streets  before  named. 

2.     The  Mayor  and  City  Commissioner  are  hereby  authorized  iwd,  s.  a. 

o    ^        '  oT  1T-I11J1  No.  4,  Not.  21, 

to  take  charge  of  the  improvement  of  Jones  JB  alls,  and  to  have  '74. 

the  same  excavated  to  its  normal  depth  or  original  bed  ;  divest  Excavation, &c. 

.  .  ,  /^  i_    •  J  "^  Jones'  Falls. 

the  stream  ot  its  abrupt  curvatures  near  Centre  street  bridge, 
and  between  Bath  and  Gay  street  bridges,  at  their  discretion  ; 
to  raise  the  walls  of  the  stream  to  such  a  height  as  they  in  their 
judgment  may  deem  essential ;  to  construct  the  bridges  that 


550 


Jones'  Falls. 


Article  XXX. — Ordinances. 


span  the  stream  from  Madison  street,  inclusive,  to  the  Basin, 
all  in  such  manner  as  to  offer  no  impediment  to  tbe  passage  of 
the  entire  body  of  water  that  may  be  contained  within  the 
walls  of  the  stream ;  the  said  improvement  to  be  commenced 
prior  to  the  regrading  and  repaving  of  the  streets,  &c.;  and  the 
Authority  of     Mavor  and   City  Commissioner   are   hereby  authorized    and 

Mayor  and  City  ''  ''  .  .  ,  i      •  i 

Commissioner,  directed  to  procccd  forthwith  with  all  such  work,  in  such  man- 
ner as  in  their  opinion  shall  expedite  the  same,  and,  at  the 
least  cost,  fully  protect  the  interests  of  the  city. 


Ibid,  8.  3. 


Purchase  or 
condemnation. 


Appeal. 


3.  The  Mayor  and  Comptroller  shall  be  empowered  to  pur- 
chase such  property  or  properties  as  may  be  required  to 
straighten,  if  at  a  reasonable  price  the  same  can  be  obtained ; 
if  not,  to  have  the  same  condemned  by  the  usual  processes  for 
condemnation  of  property  for  public  use,  with  the  right  of 
appeal  to  the  owner  or  owners  to  the  Baltimore  City  Court.* 

*  By  Ordinance  No.  37,  March  21, 1876,  the  Commissioners  for  Opening 
Streets  were  autliorized  and  direclfed  to  condenm,  for  the  purpose  of  improv- 
ing Jones'  Falls,  as  authorized  by  Ordinance  No.  131,  of  1874,  such  properties 
as  may  be  deemed  necessary  to  straighten  the  bed  of  said  falls,  according  to 
the  plan  adopted  by  the  commission  under  said  ordinance.  No.  131,  and 
shown  on  said  plan,  now  in  the  City  Commissioner's  office,  along  the  east 
side  of  said  falls,  from  a  point  south  of  Monument  street,  at  the  letter  A  to 
B,  to  C  to  D,  to  E  to  F,  south  of  Hillen  street,  all  in  yellow  letters,  and  on 
the  west  side  of  said  falls  to  a  point  south  of  Monument  street  at  the  letter 
G  to  H,  to  J  to  K,  south  of  Centre  street ;  and  from  the  point  north  of  Bath 
street  at  the  letter  L  to  M,  south  of  Hillen  street,  shown  also  by  yellow  let- 
ters on  said  plan;  also  to  condemn  such  properties  as  may  be  deemed 
necessary  for  the  same  purposes  on  the  east  side  Of  Jones'  Falls,  between  Hillen 
and  Gay  streets;  and  that  they  proceed  to  said  condemnation  according  to 
the  laws  for  opening  streets,  so  far  as  the  same  may  be  applicable,  except 
that  no  benefits  are  to  be  assessed  upon  the  property  holders ;  and  that  any 
person  or  persons,  or  body  corporate,  who  may  be  dissatisfied  with  the 
assessment  of  damages  which  shall  be  made  by  said  commissioners,  may 
appeal  to  the  Baltimore  City  Court,  at  the  time,  in  the  manner,  and  after 
like  notice  by  the  Register,  as  provided  for  in  the  Baltimore  City  Code 
in  the  condemning  and  opening  streets;  and  the  Register  of  the  City 
shall  perform  such  duties  in  relation  thereto  as  are  required  of  him  by  the 
ordinance  relating  to  opening  and  widening  streets;  the  amount  of  damages 
as  finally  awarded  to  be  paid  out  of  the  sum  appropriated  for  the  improve- 


Jones'  Falls.  551 


Article  XXX. — Ordinances. 


4.  A  sewer  shall  be  constructed  on  the  west  side  of  the  said  ibid.s.  4. 
falls  of  such  dimensions  as  may  be  deemed  necessary,  in  the  sewer. 
discretion  of  the  City  Commissioner. 

5.  The  sum  of  eight  hundred  thousand  dollars,  or  so  much  iwa,  s.  5. 
thereof  as  may  be  necessary  for  the  accomplishment  of  the  Appropriation, 
work  herein   provided,  is  hereby  appropriated  out  of  the  sales 

of  bonds  provided  for  the  improvement  of  Jones'  Falls. 

6.  The  Mayor  and  City  Commissioner  may,  as  to  them  may  ibia.s.  6. 
be  deemed  most  conducive  to  the  end,  proceed  in  such  order  as  Powers  or 

Mayor  anU  City 

to  them  may  be  deemed  most  expedient  to  the  proper  comple-  commissiouer. 
tion  of  the  whole  work,  so  that  there  may  be  as  little  interfer- 
ence as  possible  with  the  business  operations  of  the  citizens 
engaged  in  trade  or  manufactures  in  the  flooded  district. 

ment  of  Jones'  Falls  under  the  aforesaid  ordinance,  No.  131,  of  1874,  ap- 
proved November  9th,  1874. 

And  by  Ordinance  No.  53,  June  29,  1877,  for  the  purpose  of  enabling  the 
Mayor  and  City  Commissioner  to  carry  out  the  propose<l  plan  of  improve- 
ment of  Jones'  Falls,  in  conformity  with  the  Act  of  Assembly  of  1870,  c.  115, 
sees.  1  and  7,  (pp.  543  and  540,  of  this  Article,)  the  Mayor  and  City  Comp- 
troller were  authorized  to  purchase  so  much  of  the  property  lying  between 
East  Falls  avenue,  Alicoanna,  President  and  Lancaster  streets  necessary  to 
widen  Jones'  Falls,  in  accordance  with  the  plan  agreed  upon  by  the  said 
Mayor  and  City  Commissioner,  if  the  same  could  be  purchased  at  a  price  not 
exceeding  thirteen  thousand  dollars ;  and  provided  further,  that  if  the  owner 
or  owners  of  said  land  would  not  agree  to  sell  the  same  for  a  sum  not  exceed- 
ing said  amount  of  tiiirteen  thousand  dollars,  then  the  Mayor  and  City 
Comptroller  were  authorized  to  have  the  same  condemned  by  the  usual  pro- 
cesses for  condemnation  of  property  for  public  use,  with  the  right  of  appeal 
to  the  owner  or  owners  to  the  City  Court ;  the  purchase  money  for  said 
property  to  be  taken  out  of  the  Jones'  Falls  Improvement  Fund. 

And  by  Ordinance  No.  2,  Dec.  5, 1877,  the  Mayor  and  City  Council  are 
authorized  to  purchase  all  the  residue  of  that  lot  or  parcel  of  ground  bounded 
by  President  street  on  the  east,  East  Falls  avenue  on  the  west,  Aliceanna 
street  on  the  north,  and  Lancaster  street  on  the  south,  being  the  remainder  of 
the  lot  of  ground  so  bounded,  the  purchase  of  a  portion  of  which  for  the  Im- 
provement of  Jones'  Falls  was  authorized  and  directed  by  Ordinance  No.  53, 
June  29,  1877 ;  provided,  however,  that  the  remainder  of  the  said  lot  can  be 
purchased  for  the  sum  of  twelve  thousand  dollars  cash ;  the  purchase  money 
for  said  property  to  be  taken  out  of  the  Jones'  Falls  Improvement  Fund. 


552 


Jones'  Falls. 


Article  XXX. — Ordinances. 


Ibid, s.  7.  7.     In  the  purchase  of  material  needed  in  the  improvement 

Preference  to     and  in  the  letting  of  work,  preference  shall  be  given  to  work- 
home  work  and 
material.  nien  and  manufacturers  of  our  own  State,  when  the  same  can 

be  done  on  as  favorable  terms  as  by  dealing  with  those  without 

the  limits  of  our  own  State. 


Ibid,  s.  8. 

Surrender  of 
property  by 
owners. 


Purchase  or 
condemnation. 


Appeal. 


No.  43,  Mar.  29, 
'75. 

Plans  and  pro- 
posals for  con- 
construction  of 
bridges  over 
Jones'  Falls. 


Contract. 


Proviso. 


Work  to  be 
done  by  Balti- 
more mechanics 
and  workmen. 


8.  Any  party  or  parties  owning  property  or  having  rights 
to  property  within  what  is  termed  the  "flooded  district"  may 
surrender  the  same  if  it  shall  be  so  affected  by  any  change  of 
grade  as  to  prevent  its  use  for  its  present  purposes,  and  it  shall 
be  the  duty  of  the  Commissioners  for  Opening  Streets  to  either 
purchase  the  said  property  for  the  Mayor  and  City  Council  of 
Baltimore,  at  an  equitable  price,  or  to  condemn  the  same  by 
the  usual  processes  for  condemnation  of  property  for  public 
use,  with  the  right  to  appeal  to  the  owner  or  owners  to  the 
City  Court  in  case  of  dissatisfaction  with  any  award  or  awards. 

9.  The  Mayor  and  the  City  Commissioner,  in  ^he  improve- 
ment of  Jones'  Falls,  and  the  City  Commissioner,  when  acting 
otherwise  than  as  a  member  of  the  board  for  the  improvement 
of  Jones'  Falls,  in  the  construction  of  bridges  over  Jones'  Falls, 
are  hereby  directed  to  advertise  for  plans  and  proposals  for  the 
construction  of  all  bridges  over  Jones'  Falls  ;  said  plans  to  con- 
form to  such  conditions  and  specifications  as  may  be  deemed 
essential  by  said  commissioners  or  commissioner,  and  set  forth 
in  said  advertisement,  and  the  contract  for  building  said  bridge 
or  bridges  shall  be  awarded  to  the  lowest  responsible  bidder,  in 
the  usual  manner ;  provided,  however,  that  it  shall  be  inserted 
in  the  contract,  and  to  be  part  thereof,  to  be  secured  by  the 
bond  given,  that  the  aforesaid  bidder  shall  have  the  work  for 
said  bridges  done  at  the  city  of  Baltimore,  by  mechanics  and 
workmen  who  at  the  time  of  said  signing  are  citizens  of  Balti- 
more city,  and  the  work  to  be  done,  and  all  the  material  that 
can  be  furnished,  to  be  by  Baltimore  contractors.* 


*As  to  bridge  over  Jones'  Falls  and  tracks  of  Northern  Central  Railway 
at  Calvert  street  and  bridge,  between  Monument  street  and  the  railway 


Jones'  Falls.  553 


Article  XXX.— Ordinances. 


10.     Whenever  there  is  a  prospect  of  an  extraordinary  rise  No.  e,  s.  22, 

'  '^  *'  Feb.  14,  '63. 

in   the  waters  of  Jones'  Falls,  so  as  to  threaten  an   overflow  overflow  of 
upon   the  adjacent  property,  it  shall  be  the  duty  of  the  City  nutyof  cuy 

,      .  .  J  J    Commissioner. 

Commissioner,  upon  receiving  information  to  that  effect  from 

any  of  the  residents  or  property  holders  in  that  vicinity,  to 

take  prompt  and  active  measures,  and  employ  a  suflBcient  force 

to  prevent  the  obstruction  or  damming  up  of  the  said  waters, 

and    to  draw  on   the  Register,  with   the  a])probation  of  the  Register  to  pay. 

Mayor,  for  the  atnount  of  any  expenses  that  may  be  incurred 

in  any  such  service. 

STOCK. 

,  11.  By  ordinance  No.  12,  Jan.  31,  1870,  an  issue  of  bonds  issue  to  amount 
to  an  amount  not  exceeding  $2,500,000  was  authorized  from 
time  to  time,  as  the  same  may  be  required  in  the  course  of  the 
construction  of  the  works  connected  with  the  improvement  of 
Jones'  Falls,  for  the  construction  of  which  provision  is  made 
by  the  ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
the  proceeds  from  the  sale  of  which  bonds  shall  be  used  for 
the  construction  of  the  said  works  for  the  improvement  of  said 
Jones'  Falls,  in  the  manner  provided  in  the  aforesaid  ordi- 
nances, and  for  no  other  purpose  whatever.* 

12.     The  said  bonds  shall  be  issued  in  sums  of  not  less  than  ibid,  s.  2. 
one  hundred  dollars  each,  redeemable  in  thirty  years,  and  bear-  How  bonds  to 

,  ,  _  be  issued. 

ing  interest  at  the  rate  of  six  per  cent,  per  annum,  payable 
quarterly,  and  transferable  as  other  city  bonds. 

bridge  north  of  Madison  street,  sec  Art.  XL,  Railroads,  sub-title,  Northern 
Central  Railway. 

*  This  ordinance  was  duly  submitted  to  the  voters,  and  approved. 

Repeals. — By  ordinance  No.  40,  May  37,  1874,  the  ordinance  entitled 
An  ordinance  supplementary  to  an  ordinance  entitled  an  ordinance  to  pro- 
vide for  the  improvement  of  Jones'  Falls  within  the  limits  of  the  city  of 
Baltimore,  and  to  open  avenues  and  construct  sewers  on  the  borders  thereof, 
approved  April  34,  1873,  No.  51,  together  with  all  ordinances  supplemen- 
tary thereto,  was  repealed. 

The  ordinances  enacted  previously  to  and  repealed  by  the  passage  of  or- 


554  Jones'  Falls. 


Article  XXX. — Ordinances. 


WALLS. 
No.  70,  ss.  1  and      13.     The  Citv  ConmiissioTier  is  hereby  authorized  and  di- 

2,  May  18,  '64.  '' 

Building,  re-      rocted,   whenever  he  shall   deem   it  necessary,  to  notify  the 

pairing,  &c.,  ,  " 

walls.  owner  or  owners  of  property  binding  upon  Jones'  Falls,  within 

the  limits  of  the  city,  to  have  the  same  walled  upon  the  line 
of  said  Jones'  Falls,  with  a  good  and  sufficient  stone  wall,  to 


dinance  No.  .51,  approved  April  24,  1872,  entitled  an  ordinance  sui)plemen- 
tary  to  an  ordinance  entitled  an  ordinance  to  provide  for  the  improvement 
of  Jones'  Falls  within  the  limits  of  the  city  of  Baltimore,  and  to  open 
avenues  and  construct  sewers  on  the  borders  thereof,  repealed  by  this  or- 
dinance of  May  27,  1874,  are:  ordinance  No.  13,  January  31,  1870,  to  provide 
for  the  improvement  of  Jones'  Falls  within  the  limits  of  the  city  of  Balti- 
more, and  to  open  avenues  and  construct  sewers  on  the  borders  thereof; 
ordinances  No.  101,  Nov.  19,  1870,  supplementary  and  amendatory  of  ordin- 
ance No.  13,  January  31,  1870 ;  No  33,  March  27,  1871,  making  further  pro- 
vision for  the  improvement  of  Jones'  Falls  and  repealing  inconsistent 
provisions  of  preceding  ordinances ;  No.  67,  May  5,  1871,  to  pay  for  the 
survey  of  Jones'  Fails  and  discontinue  the  work;  No.  105,  June  19,  1871,  to 
make  further  provision  for  the  improvement  of  Jones'  Falls  and  authorizing 
the  examination  of  additional  plans,  and  No.  3,  Nov.  17,  1871,  repealing  a 
section  of  No.  13,  January  30,  1870. 

The  ordinances  enacted  siiice  the  passage  of  ordinance  No.  51,  April 
24,  1872,  and  which  were  repealed  by  ordinance  No.  40,  May  27,  1874,  are : 
ordinances  No.  118,  October  25,  1872,  amendatory  of  sections  in  ordinance 
No.  51,  April  24,  1872 ;  No.  57,  May  7,  1873,  supplementary  to  ordinance 
No.  51,  April  24,  1872;  No.  87,  July  8,  1873,  amendatory  of  ordinance  No. 
51,  April  24,1872;  No.  90,  October  11,  1873,  supplementary  to  ordinance 
No.  87,  July  8.  1873 ;  and  also  ordinance  No.  4,  approved  February  13,  1874, 
to  authorize  the  issue  of  bonds  to  amount  of  one  million  five  hundred 
thousand  dollars,  which  was  submitted  to  the  voters  and  rejected. 

Decision. — Leasehold  property  in  the  city  of  Baltimore  belonging  to  the 
eastatc  of  W.  was  condemned  by  the  Board  of  Conmiissioners  for  the  im- 
provement of  Jones'  Falls,  pursuant  to  ordinances  of  the  Mayor  and  City 
Council  and  Acts  of  Assembly  authorizing  the  improvement.  The  Board 
of  Commissioners  awarded  only  the  sum  of  $6,666.67,  and  the  administrator 
of  W.  being  dissatisfied  with  the  award,  ai)pealed  to  the  City  Court.  Upon 
a  trial  before  a  jury,  the  jury  brought  in  and  returned  their  inquisition  and 
awarded  as  damages  for  the  property  condenmcd  the  sum  of  $40,000.  This 
inquisition  was  filed  in  court  on  November  29,  1873.    On  December  1st  fol- 


Jones'  Falls.  555 


Article  XXX. — Ordinances. 


such  height  as  said  conmiissioner  may  direct,  and  to  have  the 
same  backed  up  or  filled  with  earth,  so  as  to  secure  such  prop- 
erty from  inundation  by  water,  and  when  the  same  shall  have 
been  walled  up  wholly  or  in  part,  to  rebuild  or  repair  in  a 
good  and  sufificient  manner  any  such  stone  wall. 


14.     If  any  person  or  persons,  or  body  politic,  shall  refuse  ibid.s.  3. 
or  neglect  to  have  any  such  wall  built,  rebuilt,  or  repaired,  as  Refusal  or 
above  provided  for,  within  two  months  after  receiving  notice 
from  said  commissioner,  as  set  forth  in  the  preceding  section, 
it  shall  then  be  the  duty  of  said  commissioner,  and  he  is  here-  Duty  of  c 

Commissi! 

by  authorized  and  directed  to  cause  such  wall  to  be  built,  re- 
built, or  repaired,  as  specified  in  said  notice,  and  the  cost  thereof 

lowing,  the  Mayor  and  City  Council  of  Baltimore  filed  a  motion  to  set  *side 
the  inquisition.  This  motion  was  overruled  by  the  court  on  January  31, 
1874,  and  on  the  same  day  "judgment  on  inquisition"  was  entered  on  the 
docket.  On  May  16th  following,  an  order  for  &  fieri  foetus  on  said  judgment 
was  filed,  but  the  clerk,  under  the  instructions  of  the  court,  refused  to  issue 
it.  On  May  9th  a  petition  was  filed  praying  the  court  to  direct  the  clerk  to 
issue  the ^n/aaV/.«  as  ordered;  and  on  the  same  day  the  Mayor  and  City 
Council  of  Baltimore  filed  a  motion  to  strike  out  the  docket  entry  of  judg- 
ment. Both  of  these  motions  were  overruled.  A  demand  was  made  by  the 
administrator  of  W.  upon  the  Mayor,  liegister  and  Comptroller  of  the  City 
to  pay  him  the  $40,000  so  awarded  him  as  administrator  by  the  jury,  or  to 
invest  that  amount  in  city  five  i)er  cent,  stock  for  his  use  and  benefit,  pur- 
suant to  the  provisions  of  the  ordinance  for  the  improvement  of  Jones'  Falls. 
This  demand  was  refused.  Thereupon  the  administrator  of  W.  filed  his 
petition  asking  that  a  writ  oi  inandiimus  might  issue,  commanding  the  Mayor, 
Comptroller  and  Register  to  take  all  necessary  and  legal  means  to  pay  him 
the  said  sum  of  $40,000,  or  to  invest  the  amount  in  city  five  per  cent,  stock. 
The  court  dismissed  the  petition. 

On  appeal  by  the  petitioner  it  was  held  : 

1.  That  the  judgment  upon  the  inquisition  of  the  jury  having  been  en- 
tered inadvertently  by  the  clerk,  without  authority,  ought  to  have  been 
stricken  out. 

3.  That  no  authority  was  conferred  upon  the  court  to  enter  such  judg- 
ment by  the  Acts  of  Assembly  or  ordinances  under  which  the  proceedings 
were  had. 

3.    That  the  application  for  a  mandamus  was  properly  denied. 

Merrick,  adm.  v.  Mayor,  &c.,  Baltimure,  43  Md.  219. 


556  Jones'  Falls. 


Article  XXX. — Ordinances. 


Cost, alien.  shall  be  a  lien  upon  the  property  so  walled  up,  repaired,  or  re- 
built, as  aforesaid,  to  be  recovered  in  due  course  of  law  from 
the  owner  or  owners  or  body  politic,  so  refusing  to  build,  re- 
build, or  repair,  after  notice  as  aforesaid.* 

*  By  ordinance  No.  13,  Feb.  8, 1826,  the  improvement  of  Jones'  Falls  was 
directed  to  l)e  made  agreeably  to  the  lines  established  by  the  Commissioners 
of  the  City  and  Wardens  of  the  Port,  acting  as  a  board  for  that  purpose, 
under  an  ordinance  i^assed  July  23,  1818,  and  tlie  several  lines  were  there- 
by confirmed  for  the  purpose  of  giving  free  passage  to  the  waters  of  Jones' 
Falls,  and  in  conformity  with  an  Act  of  Assembly,  passed  December  session, 
1817,  vesting  in  the  Mayor  and  City  Council  the  right  to  the  bed  over  which 
the  said  falls  flows,  the  City  Commissioner  and  Warden  of  the  Port  were  by 
said  ordinance  (No.  13,  Feb.  8,  1826,)  authorized  and  required  to  notify,  in 
writing,  any  person  or  bodies  corporate,  who  had  encroached  on  the  bed  of 
Jones'  Falls,  as  located  in  the  year  1811,  to  have  such  obstructions  removed ; 
and  if  any  person  or  persons,  or  body  corporate,  who  had  so  encroached  as 
aforesaid,  should  not  remove  or  cause  to  be  removed  such  obstructions, 
within  the  space  of  six  months  after  they  had  been  notified  as  directed,  they 
were  severally  made  subject  to  a  fine  of  fifty  dollars,  and  a  further  sum  of 
1  wenty  dollars  for  every  month  thereafter  that  they  neglected  to  remove 
such  obstruction.  The  City  Commissioner  and  Warden  of  the  Port  were 
further  directed  to  remove  any  piles  or  other  obstructions  placed  in  Jones' 
Falls  by  any  of  the  city  authorities.  The  City  Conmiissioner  was  authorized 
and  directed,  with  the  approbation  of  the  Mayor,  to  notify  the  owners  of  the 
property  binding  on  Jones'  Falls,  to  have  the  same  walled  agreeably  to  the 
lines  afore  referred  to,  with  a  good  and  sufficient  stone  wall,  to  such  height 
as  in  their  judgment  the  public  good  required,  and  to  have  the  same  backed 
up  or  filled  with  earth,  so  as  to  secure  the  adjacent  property  from  danger  of 
being  inundated  with  water,  and  every  person  or  body  corporate  who  re- 
fused or  neglected  to  have  the  same  done  within  six  months  after  receiving 
notice  from  the  Board  of  Commissioners,  to  forfeit  and  pay  twenty  dollars 
for  every  week  thereafter,  until  the  same  was  completed.  It  was  further  pro- 
vided by  said  ordinance,  that  the  authority  aforesaid  sliould  cause  any  of  the 
'  public  propert}'  binding  on  said  falls  to  be  walled  up  and  filled  in  so  as  to 

correspond  with  the  private  improvements  by  them  directed  to  be  made, 
taking  especial  care  to  ascertain  that  such  property  belonged  to  the  public 
before  they  improved  the  same,  and  that  it  should  be  lawful  for  the  City 
Commissioner  to  cause  private  property  to  be  secured  by  a  stone  wall,  when 
in  his  opinion  an  equivalent  in  ground  was  given  for  the  same,  subject,  how- 
ever, to  the  approbation  of  the  Mayor. 


Jurors. 


557 


Article  XXXI. 


ARTICLE  XXXI, 


JURORS. 


STATUTES. 


1.  Judges    of  Supreme  Bench   to 

select  list  of  jurors,  and  when  : 
number  list  to  contain. 

2.  Collector  to  file  with  clerk  of 

Superior  Court  list  of  taxable 
males:  pay  of  collector  for  so 
doing. 

3.  What  clerks  of  courts  to  do  after 

list  is  prepared :  sheritf  or  his 
deputies  to  attend:  their  duties. 

4.  Penalty  ior  frauds  relating    to 

drawing. 

5.  Sheriff  to  summon  twenty-three 

men  as  grand  jurors. 

6.  Twenty-five  first  in  order  on  list 

to  serve  in  Superior  Court. 

7.  Baltimore  City  Court. 

8.  Court  of   Common    Pleas    and 

Baltimore  City  Court. 

9.  Criminal  Court. 

10.  Names  drawn  to  be  entered  in 

books :  books  to  be  certified  by 
judges,  and  called  jury  b(X>ks. 

11.  Where  books  to  be  deposited: 

sheriff  to  summon  juries  drawn 
for  each  court. 

12.  Duty   of  sheriff    when   juror 

drawn  disqualified. 

13.  Petit  jurors,  how  long  to  serve: 

how  and  for  what  to  be  ex- 
cused :  penalty  for  non-attend- 
ance. 

14.  Summoning  talesmen:  duty  of 

sheriff. 


15. 


16. 


17. 

18. 
19. 
20. 

21. 
22. 


Wlien  talesmen  to  be  summoned 
from  regular  panels  of  other 
courts :  in  sucli  case,  so  many 
regular  panels  to  be  exchang- 
ed :  how  long  exchange  to 
continue. 

Jury  lists,  how  revised  and  kept 
up :  juror  exempt  for  two 
j'cars  after  service. 

Special  juries  to  be  summoned 
from  jury  lists. 

Penalty  on  sheriff. 

Any  two  judges  may  act. 

State's  Attorney  may  challenge 
five  jurors  ixjremptorily. 

Grand  Jury  to  visit  jail. 

Provisions  construed  :  neglectful 
ofl^cers  :  proviso :  penalty. 


PAY,  &C. 

23.  Pay  and  mileage  of  jurors. 

EXEMPTION. 

24.  Certificates   of    membership    of 

militia  company :  honorary 
members  :  certificate :  exemp- 
tion from  jury  duty :  proviso. 

ORDINANCE. 

1.  Clerks  of  courts  to  furnish  names 

of  jurors  to  Register. 

2.  Certificate  to  be  presented  to  Reg- 

ister :  Register  to  pay  amount. 


558  JuEOKS. 

Article  XXXI. — Statutes. 


STATUTES . 

P.  L.L.,art.  4,       1.     TliG  iudfire  of  the  Superior  Court  of  Baltimore  City,  the 

sec.  001 ;  1867,  J        »  r  . 

c.  401,8.4.        judge  of  the  Court  of  Common  Pleas,  the  judge  of  the  Balti- 
judges  of  su-    more  City  Court,  the  iudge  of  the  Circuit  Court  of  Baltimore 

preme  Bench  to  "^  '  j        o 

select  list  of      City,  and  the  iudge  of  the  Criminal  Court  of  Baltimore,  shall 

jurors,  and  •/  '  j        o  ' 

us't'to  coVu^n.^"^  meet  at  such  place  in  the  city  of  Baltimore  as  the  said  judges 
shall  appoint,  on  such  day  in  the  month  of  March  in  each  and 
every  year,  as  the  said  judges  shall  agree  upon  ;  and  it  shall 
be  the  duty  of  the  said  judges  meeting  as  aforesaid,  at  such 
meeting,  or  at  such  adjourned  meeting,  as  they  shall  hold  for 
the  purposes  hereinafter  mentioned,  in  the  month  of  March  of 
each  and  every  year  as  aforesaid,  to  select  the  names  of  seven 
hundred  and  fifty  persons,  qualified  under  the  law  of  this 
State  to  serve  as  grand  and  petit  jurors  in  said  city.* 
Ibid,  sec.  60-2.  2.  In  Order  to  assist  the  said  judges  in  making  out  the  list 
Collector  to  file  of  I'urors  aforcsaid,  the  collector  of  taxes  of  the  city  of  Bal- 

v'ith  Clerk  of  '  "^ 

superioc  Court  tiuiore  shall,  before  the  first   day  of  February  in    each  and 

list  ot  taxable  '  •'  ■' 

males.  evcry  year,  lodge  with  the  clerk  of  the  Superior  Court  of  said 


*  Where  there  was  no  meeting  of  tlie  judges,  or  a  majority,  or  any  two  of 
them,  in  March,  1866,  or  at  any  time  afterwards,  for  the  purpose  of  making 
the  selection  required  by  the  above  law,  but  one  of  the  deputy  clerks  of  the 
Superior  Court  formed  the  list  from  persons  on  the  list  of  the  former  year, 
who  had  not  served  as  jurors,  he  making  up  the  requisite  number  from  a  list 
furnished  by  tlie  city  collector,  and  the  list  so  made  by  him  he  presented, 
seriatim  and  separately  to  the  judges  in  their  respective  court  rooms,  and 
without  any  very  particular  examination,  it  was  approved  and  adopted  by 
them  separately,  and  without  consultation  with  each  other ;  and  from  such 
list  a  grand  jury  vfas  selected. 

It  was  held  a  fatal  defect,  and  that  no  body  of  men  assembled  as  these  were, 
without,  (as  the  requirements  of  the  jury  law  had  not  been  complied  with,) 
authority  of  law,  have  the  right  to  act  as  a  grand  jury ;  and  in  this  case  the 
final  judgment  of  conviction  of  the  prisoner  was  reversed.  To  guard  for  the 
future  against  the  fatal  consequences  of  neglect,  from  any  cause,  to  pursue 
the  strict  i-equirements  of  this  jury  law,  the  act  of  1867,  c.  269^(sec.  22  of  this 
article)  was  passed.  This  last  law  has  qualified  the  construction  of  the 
jury  law  by  declaring  that  the  provisions  thereof  shall  be  construed  merely 
as  directory.    Clare  v.  State,  30  Md.  163. 


Jurors.  55  9 

Article  XXXI.— Statutes. 


city,  tor  the  use  of  said  judges,  a  certified  list  of  all  the  taxa- 
ble male  inhabitants  of  the  said  city,  setting  ont  their  names 
and  places  of  residence,  so  far  as  the  same  may  be  ascertained  ; 
and  the  said  collector  shall  receive  for  snch  service,  a  compen-  Pay  of  couector 

lor  so  doing. 

sation  to  be  fixed  by  said  judges,  and  shall  be  paid  as  jurors 
are  paid. 

3.  The  said  judges  having  prepared  the  said  list,  shall  re-ises, c.44 
quire  the  clerks  of  the  several  courts  of  Baltimore  city,  or  a  what  clerks  of 

,  courts  to  ilo 

maiority  of  them,  to  meet  in  sucli  one  of  the  court  rooms  01  »fter  ust  is  pre- 

the  said  city,  at  such  time  as  they  shall  appoint,  not  less  than 

ten  days  before  the  beginning  of  the  May  term  of  the  Superior 

Court  of  Baltimore  City,  and  the  names  selected  b}'  the  said 

judges  shall  be  inscribed  upon  ballots,  which  shall  be  of  equal 

size,  color  and  appearance,  and  shall   be  closely  folded,  and 

shall   be  placed  in  a  box  prepared  for  that  purpose  by  the 

clerks  themselves.     And  the  Sheriflf  of  Baltimore  City,  or  such  sheriff  orhu 

deputie»  to  at- 

of  his  deputies  as  he  shall  designate,  shall  attend  before  the  tena. 
said  clerks,  and  it  shall  be  the  duty  of  the  said  Slieriff,  or  his  Their  duties, 
deputy  as  aforesaid,  in  the  presence  of  the  said  clerks  and  such 
other  persons  as  ma^'  choose  to  attend  court,  to  draw  one  by 
one,  all  the  ballots  contained  in  the  said  box,  and  as  the  said 
ballots  are  drawn,  the  names  appearing  thereon  shall  be  duly 
recorded  in  the  order  in  which  they  shall  be  drawn  by  the  said 
clerks,  or  under  their  personal  direction  and  inspection,  by 
some  person  to  be  appointed  by  the  judges  aforesaid. 

4.  Any  officer,  deputy,  or  person    whatsoever,  who   shall  isei,  c.si,  ss. 
fraudulontlv  mark,  or  dcsifirnatc,  or  open,  or  leave  open,  or  Penalty  for 

'  »  >  I         J  I  frauds  relating 

cause  or  knowingly  permit    to   be  marked  or  designated,  or  to  drawing, 
opened,  or  left  open,  any  ballot  or  ballots  for  jurors,  which 
shall  be  prepared  for  the  purpose  of  being  drawn  under  this  ^ 

article,  or  who  by  any  fraudulent  contrivance,  device,  or  col- 
lusion whatsoever,  shall  prepare,  or  arrange,  or  cause  or 
knowingly  permit  to  be  prepared  or  arranged,  any  ballot  or 
ballots  aforesaid,  so   that    the   same   or   any  thereof  may  be 


560  Jurors. 

Article  XXXI.— Statutes. 


known  or  recognized  in  the  drawing  thereof,  or  for  the  purpose 
of  their  being  so  known  or  recognized  ;  and  any  person  or 
persons  who  shall  in  any  way  fraudulently  or  collusively  deal, 
or  conspire,  or  contrive  to  deal  with  the  ballots  aforesaid,  or 
any  of  them,  or  the  drawing  thereof,  or  with  the  preparation 
or  folding  of  said  ballot  or  ballots,  or  with  the  wheel  aforesaid, 
so  that  the  fair  operation  and  lawful  and  impartial  execution 
of  the  provisions  of  this  article,  in  regard  to  the  selection  of 
jurors  in  the  city  of  Baltimore,  shall  be  knowingly  prevented 
or  interfered  with,  or  with  intent  to  interfere  with  or  prevent 
the  same,  or  permit  or  allow  the  same  to  be  interfered  with  or 
prevented,  shall  be  guilty  of  felony,  and  upon  conviction 
thereof  shall  be  sentenced  to  be  confined  in  the  penitentiary 
for  a  term  of  not  less  than  one  nor  more  than  three  years. 
Nothing  in  this  section  shall  be  held  to  affect  the  liability  of 
any  person  or  persons  for  any  forfeiture  imposed  by  section 
18,  hereinafter,  of  this  article. 

1864,  c.  106.  5.     The  Sheriff"  of  Baltimore  City  shall,  before  each  term  of 

Sheriff  to  sum-  the  Criminal   Court  of  Baltimore,  summon  twenty-three  per- 
threemenas      soHs  fVom  the  Hst  prepared  by  the  iudges  to  serve  as  grand 

grand  jurors.        ,  .  r       r  j  j        o  » 

jurors  for  the  ensuing  term  of  said  court. 

1804,  c.  106.  6.     The  twenty-five  names  first  in  order  on  the  said  list 

Twenty  five      shall  constituto  the  jurors  for  the  Superior  Court  of  Baltimore 

first  in  order  on  /-,./.,,'        ,  c  i  /• 

list  to  serve  in  City  lor  the  tJirco  weeks  to  ensue  alter  the  commencement  oi 

Superior  Court. 

the  next  term  of  the  said  court. 
Const.,  art.  4,;        7.     The  twcntv-tive  names  next  in  order  on  the  said  list 

s.aS;  1867,  c.  ,  "^  . 

401,8.4.  shall  constitute  and  be  the  jurors  for  the  Baltimore  City  Court 

Baltimore  City  for  thrcc  wccks  to  cnsuc  after  tlic  Commencement  of  the  next 

Court. 

term  of  the  said  court, 
p.  L.  L.,art4,       8.     The  twentv-fivc  names  next  in  order  on  the  said  list 

sec.  606.  -^ 

Court  of  Com-    sliall  constitutc  and  be  the  iurors  for  the  Court  of  Common 

mon  Pleas. 

Pleas  for  the  three  weeks  to  ensue  after  the  commencement 
of  the  next  term  of  the  said  court. 


Jurors.  561 

Article  XXXI.— Statutes. 


9.  The  twenty-five  names  then  next  drawn  on  the  said  list  p.  l.  l.,  art.  4. 

sec.  607. 

shall  constitute  and  he  the  jurors  for  the  Criminal  Court  of  Criminal  court. 
Baltimore  for  the  three  weeks  to  ensue  after  the  commence- 
ment of  the  next  term  of  the  said  court. 

10.  After  all  the  names  in  the  box  are  drawn,  it  shall  be  ibid.sec.  608. 
the  duty  of  the  said  judges  to  cause  the  names  of  the  said  several  Names  drawn 

I  II  '  /•      1  1  1  r>  .,'"'•<'  entered 

panels  and  the  names  or  the  other  persons  drawn  as  aforesaid,  into  books. 
to  be  entered  in  six  several  books,  in  the  order  in  which  the  said 
panels  and  the  names  as  aforesaid  were  drawn  as  aforesaid  ; 
and  the  said  books  shall  be  certified  by  the  said  several  judges  Books  to  be 
to  be  true  copies  of  each  other,  and  shall  be  denominated  .iudces  and 

1       /•       -n    1  called  jury 

jury  books  for  Baltimore  city.  ^oo''»- 

11.  When  the  said  iury  books  are  prepared  and  certified,  iMd,  sec.  609. 

f  '  '  .         1      n    1  J  '  1867,0.401,8.4. 

as  directed  in  the  foregoing  section,  it  shall  be  the  duty  of  where  books 

,1  .,    .      1  •      •  /•     I  f    ■\       to  be  deposited. 

tue  said  judges,  or  a  majority  or  them,  to  cause  one  01   the 

said  books  to  be  deposited  in  the  custody  of  the  clerk  of  the 

Superior  Court  of  Baltimore  City ;  one  in  the  custody  of  the 

clerk  of  the  Court  of  Common  Pleas ;  one  in  the  custody  of 

the  clerk  of  the  Baltimore  City  Court ;  one  in  the  custody  of 

the  clerk  of  the  Criminal  Court  of  Baltimore;  and  one  in  the 

custody  of  the  Sheriff*  of  Baltimore  City ;  and  one  shall  be 

retained  by  the  said  judges,  or  by  such  one  of  their  number 

as  they  shall   appoint,  for  the  purpose  of  verifying  the  lists 

of  persons  so  delivered  as  aforesaid  to  the  clerk  as  aforesaid, 

or  to  the  Sheriff  of  Baltimore  City ;  and  when  the  said  book 

is  delivered   to  him — the  said  Sheriff  of  Baltimore — he  shall  sherjir  to  sum- 

immediately  summon  the  several  iurors  drawn  for  the  several  drawn  for  each 

''  *'  court 

panels  named  in  the  said  book,  to  serve  in  the  court  for  which 
they  have  been  respectively  drawn,  at  such  time  as  shall  be 
designated  by  the  court. 

12.  If  any  of  the  jurors  so  set  down  on  the  lists  as  afore-  ibid, sec.  eio. 
said  shall  be  legally  disabled  or  excused  from  attending,  the  Duty  of  sheriff 

wlien  juror 

sheriff",  on  being  notified  thereof,  shall  complete  the  said  panel  drawn  disquaiu 


562  Jurors. 

Article  XXXI.— Statutes. 


or  panels  in  which  jurors  are  needed,  by  summoning  in  the 
stead  of  such  juror  or  jurors,  the  persons  whose  names  are 
set  down  in  the  said  jury  book  next  after  the  regular  panels 
as  aforesaid ;  and  he  shall  summon  such  person  or  persons  in 
the  order  in  which  they  are  thereupon  set  down,  and  not 
otherwise. 

Ibid,  sec.  611.        13.    Every  petit  juror  sworn  upon  any  special  panel  shall  con- 
Petit  jurors,      tinuc  to  servc  thereon  until  discharged  by  the  court,  notwith- 

howlongto  _  ^         _  .  .  , 

serve.  standing  the  expiration  of  his  term  of  three  weeks,  aforesaid ; 

but  no  one  summoned  as  a  juror  shall  be  excused  from  service 

How  and  for     exccpt  in  opou  court,  on  good. cause  shown  to  the  satisfaction 

what  to  be  ex-  ^  ^  . 

cused.  of  the  court ;  and  if  any  juror  summoned,  and  not  excused, 

shall  fail  to  attend  the  said  court  until  duly  discharged,  he 

PenaityfornoB-  shall  be  fined,  for  the  use  of  the  said  city,  not  less  than  twenty, 

attendance. 

nor  more  than  two  hundred  dollars,  to  be  recovered  by  attach- 
ment, or  such  other  appropriate  process  as  the  said  court  may 
direct. 

1868,  c.  175.  14.     If  at  any  trial  of  any  cause  in  any  of  the  said  several 

Summoning      courts  as  aforesaid,  tales  de  oircumstantihus  shall  be  ordered, 

talesmen. 

Duty  of  Sheriff,  it  shall  be  the  duty  of  the  sheriff  to  summon  as  such  tales- 
men those  who  are  entered  in  said  book,  and  who  are  not 
upon  the  regular  panels  as  aforesaid,  and  such  talesmen  shall 
be  summoned  and  called  to  be  sworn  or  affirmed  on  their  voir 
dire  ,  or  otherwise,  in  the  order  in  which  their  names  are  set 
down  on  the  said  jury  book,  unless  the  said  sheriff,  or  his 
deputy  in  that  behalf,  shall  swear  that  he  has  made  true  and 
diligent  search  for  such  persons  as  do  not  appear,  and  that 
they  cannot  be  found ;  or  unless,  being  summoned,  such  per- 
sons have  failed  to  appear  ;  in  that  event,  such  of  the  tales- 
men as  have  been  properly  summoned  and  have  appeared, 
shall  be  called  to  be  sworn  in  the  order  in  which  their  said 
names  are  recorded  in  the  jury  book  aforesaid,  or  whenever, 
in  the  Superior  Court  of  Baltimore  City,  the  Court  of  Common 
Pleas,  or  the  Baltimore  City  Court,  it  shall  be  necessary  to 


JUBOKB.  663 

Article  XXXI.— Statutes. 


summon  talesmen,  the  judges  of  the  said  courts  respectively, 
instead  of  or  in  addition  to  resorting  to  the  foregoing  pro- 
visions of  this  section  for  the  summoning  of  talesmen,  may 
order  the  sheriff  to  summon  as  such  talesmen,  any  of  the 
jurymen  in  attendance  upon  either  of  the  other  of  the  said 
courts  who  njay  not  then  be  engaged  as  part  of  any  special 
panel. 

15.     If  it  should  so  happen   that  the  said  lists  of  persons  p.  l.  l.,  wt. 4, 

'  ^  ^  sec.  613. 

competent  to  act  as  jurors,  otiier  than   the  regular  panels  as  when  tainsmen 

'  .11  to  Resummoned 

aforesaid,  should  at  any  time  be  exhausted  as  talesman,  it  shall  from  rejjuiar 

"  I>anel8  of  other 

also  be  competent  for  the  sheriff  to  summon  as  talesmen   any  ™urt8.  insuch 

■  •'    case  80  many 

of  the   regular  panels  in   any  of  the  other   of  said  courts  in  Jo^e'exchanged 
Baltimore  city  who  may  be  at  the  time  of  such  summons  not 
engaged  as  part  of  any  special  panel  in  any  of  the  said  courts ; 
but  it  is  herein  provided  that  whenever  any  part  oi'  the  regular  how  long  ex- 

,        ,.  1      11     1         1  1  I        •«•  i»  -J    •  change  to  con- 

panel   01  any  court  shall    be   by  the  sherm  as  aioresaid  sum-  tinue. 

moned  to  attend  in  any  other  as  talesmen,  jurors  of  the  regular 

panel  of  the  court  in  which  talesmen  are  required,  or  so  many 

of  them  as  shall  be  needed,  shall  be  by  the  said  sheriff  notified 

to  attend   in   the  courts  from  which  regular  jurors  have  been 

withdrawn  ;  and  the  said  jurors  shall  attend  accordingly  in  the 

said  courts  until  the  regular  jurors  of  said  court  are  discharged 

from   the  court  in  which  they  shall  be  required  to  serve  as 

talesmen  as  aforesaid. 

16.'     It  shall  be  the  duty  of  the  judges  aforesaid  to  assemble  ibia,  sec.eu. 
on  the  fourth  Monday  of  the  Maj'  term  of  the  Superior  Court  jury  lists,  how 

revised  and 

of  Baltimore  as  aforesaid,  and  thereafter  from  three  weeks  to  kept  up. 
three  weeks  during  the  said  term,  and  also  ten  days  before 
the  commencement  of  each  of  the  regular  terms  of  the  Supe- 
rior Court  as  aforesaid  during  each  year,  and  at  such  meetings 
the  said  judges  shall  cause  the  said  Sheriff  of  Baltimore  City 
to  attend  as  in  this  law  hereinbefore  provided ;  and  the  said 
judges,  or  a  majority  of  them,  shall  then  cause  the  names  of 
those  who  have  served  on  the  regular  panels  of  the  courts  afore- 


564  Jurors. 

Article  XXXI.— Statutes. 


said   to  be  stricken  from  the  jury  lists,  and  the  said  persons 
Juror  exempt    shall  Hot  be  liable  to  serve  a^ain  as  jurors  for  the  period  of 

for  two  years  ^  . 

after  service,  two  joars,  reckoning  the  said  two  years  from  the  said  preceding 
second  Monday  in  May  as  aforesaid ;  and  the  said  judges  shall 
then  add  to  the  said  jury  list  such  number  of  names  as  shall 
make  up  the  whole  number  of  seven  hundred  and  fifty  names  ; 
the  said  additional  names  to  be  drawn  by  the  sherifi",  or  his 
deputy,  from  a  list  thereof  to  be  made  by  the  judges,  as  pro- 
vided in  section  2,  and  to  be  added  to  the  prior  list,  and 
recorded  in  the  order  in  which  they  shall  be  drawn  ;  and  then 
from  the  said  whole  number  the  panels  shall  be  taken  for  the 
Superior  Court,  Court  of  Common  Pleas,  City  Court,  and 
Criminal  Court, in  the  manner  heretofore  provided  in  this  law; 
and  all  the  regulations  prescribed  by  this  law  for  the  govern- 
ment of  the  said  judges,  and  of  the  sheriff,  or  his  deputy  as 
aforesaid,  in  reference  to  jurors,  shall  apply  to  all  grand  or 
petit  jurors  to  be  thereafter  selected  and  summoned  for  the  said 
city  during  the  year  aforesaid,  and  the  jury  books  hereinbefore 
directed  to  be  prepared  shall  be  corrected  and  certified  by  the 
said  judges  as  corrected,  and  be  preserved  as  hereinbefore 
directed. 

Ibid,  sec.  61.5.         17.     All  spccial  jurics  authorized  bylaw  to  be  summoned 
Special  .juries    shall  bc  summoued  by  the  Sheriff"  of  Baltimore  City,  from 

to  be  summoned  I'-ii-i'ii 

those  whose  names  may  be  inscribed  in  the  jury  book  as  then 
revised. 

Ibid,  sec.  616.        18.     If  any  Sheriff'  of  Baltimore  City,  or  any  deputy  there- 
Penaityon        of,  shall  wilfully  violatc  the  provisions  of  this  article  relating 

Slierilf. 

to  juries,  the  said  sheriff  shall  forfeit  the  sum  of  one  thousand 
dollars,  which  shall  be  recovered  by  civil  action  in  the  name 
of  the  State  against  the  sheriff  and  the  sureties  on  his  bond 
ill  that  behalf,  and  one-half  of  the  penalty  shall  be  paid  to  the 
informer,  who  shall  be  a  competent  witness. 

Ibid, sec.  617.         19.     Any    two   of  the  judges    named   in   section   1  of  this 
may  act"  ■'"''^^^  article  may  constitute  a  quorum  at  any  meeting  held  under 


JuBORS.  565 

Article  XXXI.— Statutes. 


the  provisions  of  this  article,  and  may  exercise  all  the  powers 
hereby  reposed  in  the  said  judges. 

20.     In  all  criminal  cases  in  which  the  person  indicted  has  ibid.sec.  eis. 
or  may  liave  the  right  of  peremptory  challenge,  the  State's  state's  Attorney 

1  •    >  11  "^'y  challenge 

Attorney  shall  have  the  right  to  challenge  peremptorily  any  "^e  persons 

•^  o  r>       r  r  J  J   peremptorily. 

number  of  jurors  not  exceeding  five. 


21.     The  grand  jury  shal)   at  each  term  of  the  court  visit  p.  l.  l.,  art.  6o, 
the  jail,  and  inquire  into  its  condition,  the  manner  in  which  it  Grand  jury  to 
is  kept  and  the  treatment  of  the  prisoners,  and  report  the  same  ■ 
to  the  court. 


22.  All  the  provisions  of  this  article  relating  to  the  mode  of  i867,  c.269,  s.  3. 
drawing  and  summoning  jurors  shall  be  construed  as  directory  provisions  con- 
merely,  and  no  indictment  or  presentment  for  any  felony  or 
misdemeanor  shall  be  quashed,  nor  shall  any  judgment  upon 
any  indictment  or  presentment,  whether  after  verdict,  by  con- 
fession or  otherwise,  be  stayed  or  reversed,  nor  shall  any  chal- 
lenge to  the  array  of  jurors  be  allowed  because  of  any  failure  NcKiectfui 

*  officers. 

by  the  judges,  or  the  clerks,  or  the  sherifi",  to  comply  with  the 
provision  of  law  relating  to  the  drawing  of  jurors  in  the 
city  of  Baltimore ;  provided,  nevertheless,  that  if  any  otficer  proviso, 
concerned  in  the  drawing  of  said  jurors  shall  wilfully  neglect 
to  perform  any  duty  imposed  upon  him  by  law,  he  shall  be 
liable  to  indictment  in  the  Criminal  Court  of  Baltimore,  and  Penalty, 
upon  conviction  shall  be  fined  the  sum  of  one  thousand  dollars.* 


PAY  OF  JURORS. 

23.     Jurors  shall  receive  two  dollars  and  a-half  per  day  for  1865,  c  78. 
each  and  every  day  they  shall  attend  the  several  courts  of  this  Pay  and  miie- 

■'*'"'  n  •!        ^^^  of  jurors. 

State  as  jurors,  and  fifteen  cents  for  each  mile  over  five  miles 
for  going  to  and  returning  from  the  court  once  in  each  term, 

As  to  juries  in  the  Circuit  Court,  see  sec.  16,  Art.  XIV,  Courts,  p.  201,  ante. 


566  JuROES. 

Article  XXXI.— Statutes. 


to  be  paid  by  the  counties  or  city  respectively  in  whicli  such 
courts  are  held. 

EXEMPTION. 

i87o,c.  182,8. 22.      24.     All  Certificates  of  membership  of  any  legally  organized 
Certificates  of    voluntecr  Company  of  the  militia  shall  be  signed  b}'  the  com- 

membership  of  '  o  ./ 

militia  com-      maudiug  otficcr  thereof,  which  certificates  shall  be  issued  on  or 

pany.  " 

before  the  first  day  of  April  in   each  year  to  such  persons  as 
msLY  then  compose  the  uniformed  and  active  members  of  said 
company  ;  every  such  company  may  receive  and  have  as  many 
Honorarymem-  liODorary  mcmbcrs  as  it  has  active  and  uniformed  members, 
and  no  more,  on  payment  in  advance  by  each  person  desiring 
to  become  such  honorary  member,  of  not  less  than  ton  dollars 
per  annum,  which  said  money  shall  be  received  by  the  com- 
manding officer  of  the  company  and  be  by  him  applied  to  the 
payment  of  armory  rent  or  the  purchase  of  uniforms  for  the 
rank  and  file  of  the  active  members  of  his  company,  or  to 
such   purposes  as  may  be  authorized  by  the  by  laws  of  said 
company ;  and  the  commanding  officer  of  every  company  sliall, 
on  or  before  the  first  day  of  June  and  December  of  every  year, 
render  to  the  Adjutant  General  an  account  of  the  money  so  re- 
ceived and  expended  by  him,  and  every  such  honorary  mem- 
certificate.       ^cr  shall  be   entitled    to   receive   a   certificate   of    honorary 
membership  of  the  company,  co  be  signed  as  aforesaid,  and 
bearing  date  at  the  time  of   its  issue  ;  which  certificates  of 
membership,  whether  of  uniformed  and  active  members  or  of 
Exemption        honorary  members,  shall   exempt   the  person   therein  named 
romjurycuy.  ^^.^^^  j^^^^  duty,  for  the  period   of  one  year  from  the  date  of 
Proviso.  his  said  certificate ;  provided,  he  files  his  said  certificate  with 

the  clerk  of  the  court  before  the  drawing  of  the  jury.* 

*An  honorary  member  of  any  legally  organized  volunteer  company  of 
the  militia  of  the  State,  is,  by  virtue  of  above  sec.  22,  of  1870,  c.  182,  entitled 
to  exemption  from  jury  duty  for  the  period  of  one  year  from  the  date  of  his 
certiticate  of  membership,  provided  the  same  be  filed  with  the  clerk  of  the 
court  before  the  drawing  of  the  jury.  Sections  ."584  and  585,  [viz :  584.  All 
citizens  of  the  United  States  residing  in  the  city  of  Baltimore,  and  between 


Jurors.  667 

Article  XXXI.— Ordinance. 


ORDINANCE. 

1.     The  clerks  of  the  several  courts  of  this  city  are  requested  No.  aa,  Mar.  24, 
to  furnish  to  the  Register  of  this  city,  as  soon  as  they  can  cierks  or  courts 

to  furnish 

conveniently  do  so,  after  the  discharge  of  the  iurors,  who  have  names  of  juror* 

•'  '  o  J  J  to  Register. 

the  ages  of  21  and  C5,  shall  be  bound  when  summoned  to  serve  on  juries  in 
the  courts  of  said  city,  except  those  who  are  infirm  in  body  or  in  mind,  min- 
isters of  the  gospel,  practitioners  of  law,  practitioners  of  medicine,  teachers 
of  day  schools,  officers  of  the  general  government,  civil  officers  of  the  State, 
executive  officers  of  the  said  city,  and  members  of  the  General  Assembly, 
and  of  the  City  Council,  when  severally  in  session.  585.  The  court  to 
which  any  juror  may  be  summoned,  on  application,  may  excuse  such  juror 
if  suffering  under  family  affliction,  or  under  a  necessity  of  speedily  going 
abroad,  but  pressure  of  engagements,  whether  of  business  or  of  pleasure,  is 
not  to  be  deemed  a  sufficient  justification  for  being  relieved  from  jury  ser- 
vice,] of  the  Code  of  Public  Local  Laws  relating  to  the  City  of  Baltimore, 
as  it  was  reported  by  the  commissioners  to  the  General  Assembly,  and 
adopted  by  the  act  of  1860,  c.  1,  form  no  part  of  the  existing  laws  of  the 
State ;  they  having  been  repealed  by  implication,  by  virtue  of  the  act  of  1860, 
c.  308,  [sec.  601,  &c.,P.  L.  L.,  art.  4,  p.  558,  ante,]  which  provided  for  the 
selection  of  jurors  for  Baltimore  city.  The  words  "  qualified  under  the  law 
of  this  State,"  as  used  in  sec.  1,  of  act  of  1860,  c.  308,  [p.  558,  ante,]  refer  to 
the  qualification  of  jurors,  prescribed  by  Art.  50,  of  the  Code  of  Public 
General  Laws  of  1860.    Albert,  Sheriff,  v.  Wfdte,  33  Md.  297. 

Decision  of  Brown,  C.  J.,  in  City  Court,  May,  1874,  in  John  I^ffler  v.  Jacob 
Brandt,  Jr.  In  this  case  one  of  the  grounds  of  a  motion  for  a  new  trial  by 
the  defendant  is  tliat  one  of  the  jurors,  although  over  twenty-one  years  of 
age,  had  not  arrived  at  the  age  of  twenty-five,  and  that  this  fact,  in  proof  of 
which  affidavits  had  been  filed,  was  not  known  to  the  defendant  or  his 
counsel  until  after  the  verdict  was  rendered.  Article  50,  section  1  of  Code 
P.  G.  L.,  provides  that  "  no  person  shall  be  summoned  and  returned  upon  a 
panel  as  a  juror  who  may  not  have  arrived  at  the  age  of  25  years." 
Section  3  provides  that  "all  persons  over  70  years  shall  be  exempt 
from  attendance  as  jurors."  Section  6  enacts  that  "  no  sheriff  shall  summon 
any  person  to  serve  as  a  juror  in  any  court  where  he  hath  knowledge  that 
such  person  hath  any  matter  of  fact  depending  for  trial  at  the  same  court, 
and  no  person  liaving  such  matter  of  fact  depending  for  trial  shall  be  ad- 
mitted as  a  qualified  juror ;  and  such  disqualification  shall  be  allowed  as  a 
good  cause  of  challenge ;  but  no  verdict  of  a  jury  shall  therefor  be  set  aside 
or  judgment  thereon  stayed,  arrested  or  reversed." 

The  provision  as  to  the  age  of  twenty-five  years  is  taken  from  the  Act  of 
Assembly  of  1797,  chapter  87,  section  5,  and  that  as  to  the  age  of  seventy 


568  JuKOKS. 

Article  XXXI. — Ordinance. 


served  as  such  in  any  of, the  said  courts,  a  list  of  the  names  of 
such  jurors,  showing  the  number  of  days  each  juror  has  at- 
tended as  a  juror,  the  term  in  which  said  service  was  rendered, 
and  the  amount  due  each  juror. 

years  is  taken  from  tlie  act  of  1858,  chapter  139.  The  provision  contained 
in  section  6  is  taken  from  the  act  of  1715,  chapter  37,  section  9. 

Tlie  provision  as  to  the  age  of  seventy  years  is  declared  to  be  an  exemp- 
tion from  attendance  as  a  juror,  and  the  disqualification  mentioned  in  section 
6  is  only  a  cause  of  challenge,  but  not  a  ground  for  setting  aside  a  verdict. 
Is  the  prohibition  contained  in  section  1  against  summoning  and  returning 
on  a  panel  a  juror  who  may  not  have  arrived  at  the  age  of  twenty -five  years, 
such  a  disqualification  as  would  justify  the  coart  in  setting  the  verdict  aside 
on  motion  ?  The  section  itself  is  not  explicit  on  the  point-.  In  Shane  v- 
Clarke,  3  H.  &  McH.  101,  decided  in  1792,  the  General  Court  of  Maryland, 
Chase,  C.  J.,  being  absent,  set  aside  a  verdict  because  one  of  the  jurors  had 
not  taken  the  oath  of  fidelity  to  tlie  State  directed  by  the  act  entitled  "  An 
act  for  the  better  security  of  the  Government."  (1777,  c.  20.)  No  opinion 
was  given  by  the  court  and  the  brief  entry  is:  "  Let  there  be  a  new  trial.  A 
non-juror  is  totally  incapacitated  to  serve  on  a  jury."  But  in  the  case  of  the 
Tide-ioater  Canal  Company  v.  Arclier,  9  G.  &  J.  197,  it  was  in  1839,  decided 
in  an  able  opinion  by  Magruder  and  Purviance,  J.,  sitting  in  Harford  County 
Court,  that  it  is  the  policy  of  our  statutes  regulating  the  qualifications  of  jurors 
to  require  an  objection  to  a  juror  to  be  made  by  a  challenger  before  he  is 
sworn,  and  that  it  can  only  be  taken  advantage  of  in  that  mode.  I  shall, 
therefore,  consider  the  question  as  an  open  one  in  this  State,  to  be  settled  by 
the  weight  of  reason  and  authority.  The  objection  is  one  of  strict  law. 
There  is  no  allegation  against  the  suitableness  of  the  juror  in  any  respect, 
except  in  the  qualification  of  age.  It  was  competent  for  the  defendant  to 
have  made  the  proper  inquiries,  and  after  having  satisfied  himself  on  the 
subject,  to  have  made  the  objection  before  the  juror  was  sworn,  but  this  he 
neglected  to  do.  He  waited  until  he  had  lost  his  case-  If  a  party  to  a  suit 
may  omit  to  make  such  inquiries  until  after  a  verdict  has  been  rendered 
against  him,  and  may  then  set  it  aside  on  tlie  discovery  and  proof  of  the 
existence  of  a  good  cause  of  challenge  against  any  one  of  the  jury,  it  would 
introduce  an  additional  element  of  uncertainty  in  the  administration  of 
justice,  and  lead  in  many  cases  to  great  and  unnecessary  delay  and  expense. 
These  considerations  are,  in  my  judgment,  conclusive,  against  allowing  the 
motion,  unless  I  should  be  compelled  to  do  so  by  a  great  preponderance  of 
the  authorities.  But  I  find  on  examination  that  the  weight  of  tbe  authorities, 
and  especially  of  those  of  more  modern  date,  is  decidedly  in  favor  of  sustaining 
the  verdicts  of  juries  against  all  similar  objections.  In  the  People  v.  Jewitt, 
6  Wend.  386,  it  was  decided  by  the  Supreme  Court  of  the  State  of  New 
York  that  it  is  not  a  good  plea  to  an  indictment  that  one  of  the  grand  jurors 
who  found  the  same,  is  not  a  freeholder.    The  court  say,  "  this,  in  a  civil 


Jurors.  569 

Article  XXXI. — Ordinance. 


2.     On   the  presentation  of  a  certificate  from   any  of  the  ibid  s.  2. 
clerks  of  the  several  courts  of  this  city  by  any  juror,  or   liis  CerUBfate  to 

_  '  bfi  presented  to 

legal  representative,  to  the  Kegister  of  the  City  for  payment  Register. 

after  the  said  Kegister  shall  have  received  from  the  clerk  of  said 

court  the  list  of  jurors  as  provided  in  the  preceding  section, 

and  it  shall  appear  on  examination  of  said  list  so  received  as 

aforesaid,  that  the  certificate  presented  for  payment  is  correct, 

the  said   Kegister  is  liereby  autliorized  and  directed  to  pay  Register  to  pay 

1       .  I  .       1  1  •  1  1  ariKiunt  due. 

such  juror,  or  his  legal    representative,  the  amount  due  as 
shown  by  said  certificate.*. 


case,  would  not  be  sufficient  ground  per  se  for  setting  aside  the  verdict  of  a 
jury,  altliough  the  law  expressly  requires  that  petit  jurors  shall  be  free- 
holders." 

In  the  case  in  Massaachusetts  of  AmJierst  v.  Iladley,  1  Pick.  38,  a  juror  was 
drawn  iiKire  than  twenty  days  before  the  sitting  of  tlie  court,  contrary  to  the 
statuto,  hut  tlie  fact  did  not  come  to  tiic  knowledge  of  the  defendant  until 
after  a  verdict  against  him.  The  court  held  that  this  was  no  cause  for  set- 
ting aside  the  verdict  upon  motion,  and  that  it  would  not  sustain  a  writ  of 
error.  The  court  say :  "  The  ancient  cases  are  more  strict  in  regard  to  irre- 
gularities of  this  sort,  and  there  is  some  conflict  among  the  authorities, 
which  is  a  thing  that  often  happens  in  matters  of  practice,  as  practice  is 
susceptible  of  continual  improvement.  The  plaintiffs  are  not  to  lose  all 
their  expense  and  trouble  for  an  irregularity  by  which  the  defendants 
have  not  been  injured,  and  which  was  occasioned  by  an  officer  over 
whom  the  plaintifl"  had  no  control."  In  the  case  of  Barnett  v.  Matthews, 
40  Howard,  Pr.  Rep.  428,  it  was  held  in  New  York  that  the  verdict  of  a  jury 
will  not  set  aside  as  irregular  because  one  of  the  jurors  was  en  alien,  an 
unnaturalized  citizen,  where  the  ol)jection  was  not  raised  and  proper  chal- 
lenge made  when  the  jury  was  drawn.  In  such  cases  the  parties  are  con- 
cluded, although  the  act  forming  the  objection  may  not  have  come  to  their 
knowledge  until  after  trial ;  and  in  the  case  of  the  United  States  v-  Baker,  3 
Benedict,  68,  it  was  decided  by  Blatchford,  J.,  of  the  District  Court  of  the 
United  States,  that  nothing  that  is  a  cause  of  challenge  to  a  juror  before 
verdict  can  be  used  to  set  aside  a  verdict.  Where  one  of  the  jurors  in  a 
criminal  trial  was  deaf,  and  the  defendant  was  ignorant  of  the  fact  when  the 
jury  was  empanneled,  it  was  held  that  it  was  no  cause  for  setting  aside  the 
verdict. 

*  The  above  ordinance  recites  the  act  of  1865,  c.  78,  sec.  33  of  this  Article. 


570 


Librarian. 


Article  XXXII.— Ordinances. 


ARTICLE  XXXIL 


LIBRARIAN. 


ORDINANCES 


1.  Appointment. 

2.  Duties. 

3.  Salary :  bond. 

4.  Schedule  of   stationery  and 

printed  matter  required  for  the 
fiscal  year  by  departments,  to 
be  furnished  librarian. 

5.  Librarian  to  advertise  for  pro- 

p  0  s  a  1  s  for  stationery  and 
printed  matter :  contracts. 

6.  Account  of  stationery  and  print- 

ed matter    furnished    depart- 


9. 
10. 
11. 


ments:  report  to  Mayor  and 
City  Council. 

Not  applicable  to  Commissioners 
of  Public  Schools. 

Appointment  of  Assistant  Libra- 
rian :  bond :  oath. 

When  Librarian  ex-officio. 

Salary. 

Duties  of  Assistant  Librarian : 
books :  contracts :  annual 
statement. 


ORDINANCES 


No.  129,  Nov.  5,      1.     A  City  Librarian  shall  be  annually  appointed  when  and 
Appointment,    as  Other  city  officers  are  appointed. 

Ibid,  s.  2.  2.     The  said  Librarian  shall,  under  the  supervision  and  di- 

Duties.  rectioo  of  the  Register  of  the  City,  take  under  his  charge  and 

keeping  all  the  books  and  documents  of  e^ery  description,  and 
the  archives,  records,  papers  and  proceedings  of  the  corporation 
(except  those  relating  to  the  titles  of  City  property)  now  in 
the  possession  of  the  city  authorities,  or  which  may  hereafter 
come  into  their  possession,  and  also  all  the  ordinances,  resolu- 
tions and  proceedings  of  the  City  Council  after  each  and  every 
session  thereof;  and  the  said  Librarian  shall  arrange  and  class- 
ify, so  as  easily   to  be  found    when  needed,  all  the  books, 


Librarian.  571 

Article  XXXII. — Ordinances. 


documents,  records,  papers,  ordinances  and  resolutions  and 
proceedings  hereby  placed  and  hereafter  to  come  under  his 
charge  and  keeping  ;  and  tlie  said  Librarian  shall  furthermore 
carefully  collect  and  arrange  and  safely  keep  a  complete  series 
of  ordinances  and  resolutions  and  proceedings  of  the  Mayor  and 
City  Council,  and  all  other  books,  papers  and  memorials  re- 
lating to  Baltimore,  from  its  beginning  as  a  town  to  the  pres- 
ent time,  and  shall  continue  the  same  annually ;  and  he  shall 
not  permit  any  book  or  books,  or  documents  of  said  series  to 
be  taken  or  removed  by  any  one  from  the  City  Library,  and 
he  shall  permit  no  other  book,  document,  record  or  paper  of 
any  sort  to  l)e  taken  from  the  City  Library,  except  by  city 
officers,  and  then  only  on  a  written  receipt  from  such  city  of- 
ficer or  officers  for  the  same,  which  receipt  shall  be  written  in  a 
book  to  be  kept  for  that  purpose,  and  shall  be  duly  cancelled  on 
tlie  return  of  the  book,  document,  record  or  paper  so  borrowed; 
and  the  said  Librarian  shall  see  that  no  books,  documents,  re- 
cords or  papers  of  any  sort  be  lost  or  mislaid  by  said  city 
officers;  he  shall  also  carefully  index  in  a  book,  to  be  kept 
for  that  purpose,  all  the  books,  documents,  records  and  papers 
of  said  library  ;  a  room  for  which  shall  be  provided  in  the  City 
Hall,  and  properly  furnished  for  the  reception  and  custody  of 
said  library,  under  the  direction  of  the  City  Register,  City 
Librarian,  and  the  Superintendant  of  said  City  Hall. 

3.  The  salary  of  the  City  Librarian  shall  be  fifteen  hun- ibid,  a.  3. 
dred  dollars  per  annum ;  and  he  shall  give  a  good  and  suffi-  saiary. 
cient  bond,  to  be  approved  by  the  Mayor  and  Register,  in  the  Bond, 
sum  of  five  thousand  dollars,  for  the  faithful  performance  of 

his  duties  in  the  premises. 

4.  Each  of  the  departments  of  the  city  government  shall,  no.  74,  s.  1,  May 

,       .  ,        n  \  ,.    I  ^  ,  .  J,  .    ,     9,  '7G  J  No.  67, 

on  or  before  the  first  day  01  December  in  every  year,  lurnisli  June  29. '77. 
to  the  City  Librarian  a  schedule  of  all  stationery  and  printed  stationery  and 

printed  matter 

matter,  which  may  be  required  for  the  use  of  such  department  required  lor  the 

'  •'  ^  '  Jjacal  year  te  be 

for  the  year  commencing  on  the  first  day  of  January  thereafter,  [^"j'^'yarian. 


572 


Librarian. 


Article  XXXII. — Ordinauces. 


Ibid,  s.  2.  5.     It  shall  be  the  duty  of  the  City  Librarian,  twenty  days 

Proposals  for      urior  to  the  drst  day  of  Januai'y  in  each  year,  to  advertise  for 

stationery  and 

printed  matter,  proposals  for  fumishing  all  snch  stationery  and  printed  mat- 
ter as  may  be  required  by  the  respective  departments  of  the 
city  government  for  the  ensuing  fiscal  year  ;  no  proposals  shall 
be  received  from  any  but  those  actually  engaged  in  the  print- 
ing and  stationery  business  in  Baltimore ;  such  proposals,  when 
received,  shall  be  opened,  and  the  contracts  awarded  in  the  man- 
ner prescribed  by  sections  61  to  54  of  Article  I  of  this  Code  ;  the 
right  to  reject  any  bid  that  shall  not  be  deemed  for  the  best  inter- 

contracts.  cst  of  the  city,  is  hereby  reserved.  All  contracts  which  may  be 
awarded  in  pursuance  of  the  provisions  of  this  section  shall 
contain  a  clause  stipulating  that  any  stationery  or  printed 
matter  which  may  be  required  for  the  use  of  any  department 
of  the  city  government,  over  and  above  the  quantity  specially 
designated  in  said  contracts,  shall  be  furnished  by  the  contrac- 
tors at  the  same  rate  charged  for  articles  which  are  specifically 
mentioned  in  said  contracts,  and  if  any  supplies  are  required 
which  are  not  mentioned  in  said  contract  they  shall  be  furnished 
at  the  lowest  market  rates. 


Ibid,  s.  3.  3.     It  shall   be  the  further  duty  of  the  City  Librarian   to 

Acfountof        furnish  to  each  of  the  departments  of  the  city  government, 

stationery  and      ^  .  ,  •  "  , 

printed  matter   from  time  to  time,  upon  the  requisition  of  the  heads  of  said 

lurnisbed  de-  '      '  ^ 

partments.  departments,  the  stationery  and  printed  matter  which  may  be 
necessary  for  the  use  of  said  departments,  and  to  keep  an  ac- 
curate account  of  all  supplies  which  may  be  so  furnished ;  and 

Report  to  Mayor  he  shall  aunuallv  rcDort  to  the  Mavor  and  City  Council  the 

and  City  Coun-  .  /.  -^         •  "  .111^ 

cii-  quantity  of  stationery  and  printed  matter  which  he  shall  fur- 

nish to  the  respective  departments  during  the  preceding  fiscal 
year,  and  the  expense  of  the  same. 

Ibid,  3.  4.  7.     The  provisions  of  this  ordinance  shall  not  be  applicable 

to°  Com  mission-  to  the  Commissioners  of  Public  Schools. 

ers  of  Public 
Schools. 


Librarian.  573 

Article  XXXII. — Ordinances. 

8.  The  City  Librarian,  with  the  approval  of  the  Mayor,  is  No.  112,  June 
hereby  authorized  and  directed  to  appoint  an   assistant,  who  Appointment  of 

»i»/>irt»  T  Assistant  Libra- 

shall  perform  such  duties  of  the  office  as  the  Librarian  shall  "an- 

from  time  to  time  prescribe  and  direct,  and  for  whose  acts  the 

Librarian  shall  be  held  responsible ;  the  Librarian  shall  have 

power  to  require  from  said  assistant  a  bond  approved  by  the  Bond. 

Mayor,  with  condition  for   the   faithful    performance  of  his 

duties,  with  such   penalty  and  such  security  as  he  may  deem 

proper;  and  before  he  enters  upon  the  duties  of  his  office,  the 

said  assistant  shall  take  the  oath  prescribed  to  the  officers  ofoath. 

the  corporation. 

9.  In  the  event  of  the  necessary  absence  of  the  Librarian,  iwd,  s.  2. 
from  sickness  or  other  cause,  the  assistant,  with  the  approba-  when  Librarian 

ex-officio. 

tion   of  the   Mayor,  shall  have  full   power  and  authority  to 
perform  all  the  duties  of  the  Librarian. 

10.  The  salary  of  the  Assistant  Librarian  of  the  City  shall  iwd.s.s;  No. 

■^  •'  41,  June  4, '77. 

be  nine  hundred  dollars  per  annum,  payable  monthly.  salary. 

11.  The  Assistant  Librarian  shall  attend  at  the  City  Li- ibid,  s.  4. 
brary  daily  from  9  A.  M.  to  3  1*.  M.,  and  at  such  other  hours  Duties  of  assis- 
as  the  City  Librarian  may  require  his  services;  he  shall,  under 

the  direction  of  the  City  Librarian,  open  a  set  of  books  in  Books, 
which  shall   be  entered  all  requisitions  made  upon  the  City 
Librarian  from  the  different  departments  of  the  city  govern- 
ment from  time  to  time,  and  shall  charge  to  each  department 
all   books,  stationery  and    printed   matter  they  may   receive 
from  said  Librarian ;  he  shall  keep  a  correct  list  of  all  books, 
stationery  and  printed  matter  in  charge  of  said  Librarian ;  he 
shall  make  a  record  of  all  bids  received  for  books,  stationery 
and  printed  matter,   and  note    all    bids    received   and   those 
rejected  ;  he  shall  copy  and  file  away  all  contracts  made  or  contracts. 
entered  into  between   bidders   and  the  City  Librarian ;   and 
annually  prepare  a  general  statement  of  all  the  transactions  Annual  state- 
of  the  City  Librarian's  office. 


574 


LiCEJNSES. 


Article  XXXIII. 


ARTICLE  XXXIII. 


LICENSES 


STATUTES 


BILLIARDS. 

1.  Licenses  for  billiard  tables :  pro- 

visos- 

2.  Penalty. 

3.  Right  of  municipal  corporations 

to  impose  further  tax. 

WOOD. 

4.  Wood  hucksters  to  be  licensed : 

costs. 

5.  One  license  not  to  include  more 

than  two  persons. 

6.  Penalty  for  retailing  without  li- 

cense. 

7.  Masters  and  owners  of  vessels 

excepted. 


PEDDLERS. 

8.  Permit  to  peddle    notions  and 

small  wares :  stock  in  trade : 
revoking  permit. 

PAWNBROKERS. 

9.  Licensing  and  regulating  pawn- 

brokers. 

THEATRICAL  AND  PUBLIC  AMUSE- 
MENTS. 

10.  Licensing,  regulating,  &c.  the- 

atrical, &c.,  amusements. 

DUTY   OF    SHERIFF. 

IL  Alphabetical  list  to  be  made  by 
Sheriff  of  Baltimore  :  to  be  re- 
turned to  grand  jury :  notice 
to  be  published  :  Sheriff's  fees. 


ORDINANCES 


AMDSEMENTS. 

Penalty  for  keeping  unlicensed 
billard  tables,  &c.:  terms  of  li- 
cense :  tax. 

Persons  applying  for  license  to 
give  bond  :  Mayor  may  trans- 
fer license :  proviso. 

What  games  at  billiards  are  law- 
ful. 

Minors  not  to  be  permitted  to 
play  at  billiards,  &c. 

Nine  and  ten-pin  alleys  to  be  li- 
censed: cost  of  license:  penalty. 


10. 


Assent  for  same  required :   pro- 
viso. 

Not  to  be  used  after  11^  o'clock 
at  night. 

Minors  not  to  be  permitted  to 
play  :  penalty. 

Shuffle   boards   to  be    licensed 
tax:  penalty. 

Theatrical  performances  to  be 
licensed :  penalty  :  tax  for  the- 
atrical exhibitions:  for  circus : 
lor  rope  dancing,  &c.:  for  live 
animals:  for  other  exhibitions. 


LlC£N6£6. 


575 


Article  XXXIII.— Statutes. 


11.  Penalty  for  performing  without 

license. 
13.    Payment  in  lieu  of  license. 

13.  Balls:  penalties. 

14.  Licenses  for  balls. 

15.  Musical  parties  regulated :  con- 

certs for  charitable  purposes. 

Penalty  for  defacing  bills  des- 
criptive of  performance. 

Mayor  authorized  to  refuse  or 
revoke  license. 

City  Solicitor  to  institute  pro- 
ceedings. 

DOGS. 

Not  to  go  at  large  without  li- 
censed number. 

Amount  of  license. 

Persons  may  be  appointed  to 
destroy  dogs :  dngs  destroyed, 
how  to  be  disposed  of:  com- 
pensation. 

Dogs  running  at  large  during 
certain  months :  how  disposed 
of:  provisos. 

Licensed  dogs  to  be  muzzled  : 
penalty. 

Penalty  for  removing  a  licensed 
collar  or  muzzle. 
25.    Execution  of  ordinance. 


16. 


17. 


18 


19. 

20. 
21. 


22 


23 


24 


26. 


27. 

28. 

29. 

30. 

31. 
32. 
33. 
34. 
35. 
36. 

37. 

38. 

39. 


40. 


41. 


Powers  of  Mayor  when  com- 
plaints are  made  against  troub- 
lesome dogs :  penalty. 

Poisoned  meat,  «&c.,  not  to  be 
thrown  in  streets. 

Appropriation. 

PAWNBROKERS. 

Mayor  to  grant  license :  license: 
term. 

Who  may  be  pawnbrokers,  and 
where. 

Bond. 

Powers  of  pawnbrokers. 

Deposits. 

Charges:  books. 

Form  of  action  on  bond. 

Duty  of  Register  and  city  offi- 
cers. 

Not  to  sell  spirituous  liquors : 
Mayor  may  revoke  license. 

Fines  and  penalties. 

BELLING  IN  STREETS. 

Mayor  authorized  to  grant  li- 
censes to  sell  certain  articles 
on  footways. 

Oranges,  &c.,  not  to  be  sold  with- 
out license :  penalty. 

Extent  of  license :  .penalty. 


42.  Notice  to  be  given  :  proviso. 


STATUTES 


BILLIARDS. 


1.     A  license  may  be  granted  to  any  person  who  may  apply  i87o,  c.  250. 
for  permission  to  keep  a  billiard  table,  for  which  license  there  License  for  bu- 
shall  be  paid  the  sura  of  fifty  dollars,  and  for  every  additional 
billiard  table  kept   by  the  same  person   or  persons,  he,  she  or 
they  shall  pay  a  license  of  twenty-five  dollars;  jyrevided,  that  Provisos. 
all  said  additional  tables  shall  be  kept  in  the  same  apartment; 
provided,  that  this   act  shall   not  apply  to  any  billiard  table 
kept  for  private  use.* 

*An  incorporated  club,  owning  and  keeping  a  billiard  table,  at  which 
members  and  stra  ngers  play  at  a  charge  of  six  and  a  quarter  cents  per  game, 


576  LicKNSES. 

Article  XXXIII.— Statutes. 


1865,  c.  56.  2.     Any  person  or  persons  keeping  or  exhibiting  for  use  a 

Penalty.  billiard  table  or  tables,  without  first  obtaining  a  license  there- 

for, shall  for  each  and  every  table  so  kept  or  exhibited,  forfeit 
and  pay  the  sum  of  five  hundred  dollars,  one-half  to  the  in- 
former and  the  other  half  to  the  State. 

p.  G.  L.,  art.  56,      3*     Nothing  herein  contained  shall  impair  the  rights  of  the 
Right  of  muni-  corporations  of  the  cities  of  Baltimore,  Annapolis,  Frederick, 

cipal  corpora-  ,  .      .  •  i   •      o 

tions  to  impose  or  the  coinmissioncrs  of  any  incorporated  town  in  this  otate, 

further  tax.  _  ./  r 

to  impose  a  further  tax  on  billiard  tables. 


WOOD. 

186^0.173.  4.     The  clerk  of  the  Court  of  Common  Pleas  may  issue 

Wood  buck-      licenses  to  retail  and  huckster  wood  on  any  of  the  wharves  in 
censed.  the  city  of  Baltimore,  upon  the  payment  of  one  hundred  dol- 

lars for  the  use  of  the  State. 

p.  L  L.,  art.  4,       5.     Not  morc  than  two  persons  shall  be  included  in  any  one 

sec.  948. 

One  license  not  licensc,  and  the  names  of  both  shall  be  expressed  therein,  and 

to  include  more  i     ,.  i      ii   l  ii 

than  two  per-     such  hceuse  shall  be  annually  renewed. 

sons. 

1862,0.  173.  6.     No  'person  shall  retail  or  huckster  wood  on  any  wharf  in 

Penalty  for  re-    the  city  of  Baltimore  under  a  common  trader's  license,  or  with- 

tailing  without 

license.  out  having  first  obtained  a  license  for  said  purpose,  as  provided 

in  the  preceding  two  sections ;  and  any  person  so  offending  shall 
be  fined  one  hundred  dollars,  one-half  for  the  use  of  the  State 
and  the  other  half  for  the  use  of  the  person  who  shall  prosecute 
for  the  same. 


to  be  paid  by  the  members  only,  which  charge,  however,  does  not  defray  the 
expense  of  keeping  the  table,  is  liable  to  the  above  tax.  Tlie  Germania  v. 
The  State,!  MA.  1. 

A  license  required  to  be  obtained  by  the  payment  of  money  is  a  tax. 
Lucas  v.  Lottery  Commissioners,  11  G.  &  J.  490;  McEvoy  v.  Mayor,  &c.  Bait. 
3  H.  &  J.  193. 


Licenses.  577 

Article  XXXIII.— Statutes. 


7.    Nothing  contained  in  the  preceding  sections  shall  prevent  p.  l.  l.,  art.  4, 

sec  950 

masters  and  owners  of  vessels  from  selling  or  retailing  wood  Masters  and 

..I         ,        T  jt  owners  of  ves- 

WltnOUt  a  license.  sels  excepted. 


PEDDLERS. 

8.  The  Mayor  of  Baltimore  may  grant  a  permit  to  such  i87«,  c.  414. 
number  of  poor  persons  as  to  him  may  seem  proper  to  peddle,  Permit  to  ped- 

•ii  •        ii        T      •.         i»    T->    1    •  .  ■  1  n  die  notions  and 

Within  the  limits  01   xJaltimore  city,  notions  and  small  wares  smaii  wares. 

without  a  license;   provided,  that  the  stock  in  trade  of  any  stock  in  trade. 

such  peddler  shall  not  exceed  twenty-five  dollars  in  value,  and 

provided,  that  said  Mayor  may  at  anytime  revoke  any  such  Revoking  per- 
mit, 
permit. 

PAWNBROKERS. 

9.  The  Mayor  and  City  Council  have  power  to  pass  all  p.  l.  u.art.  4, 
ordinances  to  provide  for  the  licensing  and   regulating  pawn-  Licensing  and 
brokers  within  the  city  of  Ba,ltimore.t  pawnbrokers. 

THEATRICAL  AND  PUBLIC  AMUSEMENTS. 

10.  The  Mayor  and  City  Council  have  power  to  provide  for  p.  l.  l.,  art.  4, 
licensing,  regulating  or  restraining  theatrical  or  other  public  Licensing  and 

.   ,  .         ,  .  ,.   Ti    1    .  •  regulating  the- 

amiisements  within  the  city  01  lialtimore.l  atricai,  &c.. 

"  '  amusements. 


*  See  p.  326,  ante. 

t  The  following  is  added  to  Article  56  of  the  Code  of  Public  General  Laws 
by  the  act  of  1874,  c.  256 : 

Any  person  applying  for  the  same  and  paying  the  sum  of  one  hundred 
dollars  may  obtain  a  license  to  carry  on  the  business  of  a  pawnbroker.  If 
any  individual,  co-partnership  or  firm  shall  use  or  exercise  the  business  or 
occupation  of  a  pawnbroker,  without  having  procured  a  license  as  required 
by  this  act,  he  shall  be  subject  to  a  penalty  of  five  hundred  dollars  for  each 
offence,  one-half  for  the  use  of  the  State  and  tlie  other  half  to  the  informer. 

By  act  of  1874,  c.  231,  the  Clerk  of  the  Court  of  Common  Pleas  is  allowed 
two  per  centum  commission  for  receiving  and  paying  over  public  moneys  re- 
ceived for  licenses,  fines  or  otherwise ;  the  clerks  of  the  other  courts  of  the 
State  are  allowed  five  per  centum. 

t  See  Theatrical  Exhibitions,  Art.  LI. 

Note.— The  following  decision  of  Supreme  Court  U.  S.  reverses  the  deci- 
sion of  the  Court  of  Appeals  of  Md.  in  31  Md.  279. 
A  statute  of  Maryland,  required  all  traders  resident  within  the  State  to 


578 


Licenses. 


Article  XXXIII.— Statutes. 


18R6,  c.  151. 

Alphabetical 
list  to  be  made 
by  Sheriff  of 
Baltimore. 


DUTY  OF  SHERIFF. 

11.  It  shall  be  the  duty  of  the  Sheriif  of  Baltimore  City,  an- 
nually, in  the  month  of  April,  to  make,  or  cause  to  be  made, 
an  alphabetical  list  of  the  names  of  all  the  persons,  or  bodies 
corporate,  or  politic,  in  each  ward  of  the  city  of  Baltimore,  who 
shall  be  exercising  or  pursuing  any  business,  or  be  doing  any 
act  or  thing,  or  shall  be  in  the  use  or  occupation  of  any  house 
or  place,  for  any  purpose  for  which  a  license  is  made  necessary 
by  Article  56  of  the  Code  of  Public  General  Laws,  and  to 
To  be  returned  rcturu   such   list  to  tlic  fifrand  iury  of  said  city  at  as  early  a 

to  grand  jury.  o  .J       ./  J  J 

period  as  practicable  after  the  first  day  of  May  then  next  ensu- 
ing; and  the  said  sheriff  shall,  within  the  first  week  of  the 
month  of  April,  cause  a  notice  to  be  inserted  in  the  daily 
papers  of  the  city,  cautioning  all  persons  and  bodies  corporate 
or  politic  whom  it  may  concern  to  obtain  a  license  or  renew 
the  same  on  or  before  the  first  day  of  May  then  next  ensuing; 
Sheriff 's  fees,    and   Said  sheriff  shall  be  entitled  to  and  receive  twenty -five 


Notice  to  be 
published. 


take  out  licenses,  and  to  pay  therefor  certain  sums  regulated  by  a  sliding 
scale  of  from  twelve  dollars  to  one  hundred  and  fifty  dollars,  according  as 
their  stock  in  trade  might  vary,  from  one  thousand  to  more  than  forty  thou- 
sand dollars.  The  statute  also  made  it  a  penal  offence  in  any  person  not 
being  a  permanent  resident  in  the  State  [see  1868,  c.  413]  to  sell,  offer 
for  sale  or  expose  for  sale,  within  the  limits  of  the  city  of  Baltimore,  any 
goods,  wares  or  merchandise  whatever  other  than  agricultural  products 
and  articles  manufactured  in  Maryland,  either  by  card,  sample  or  other 
specimen,  or  by  written  or  printed  trade-list,  or  catalogue,  whether  such 
person  be  the  maker  or  manufacturer  thereof  or  not,  without  first  obtaining 
a  license  so  to  do,  for  which  license  [to  be  renewed  annually]  a  sum  of  three 
hundred  dollars  was  to  be  paid.  Held,  that  the  statute  imposed  a  discrimi- 
nating tax  upon  non-resident  traders  trading  in  the  limits  mentioned,  and 
that  it  was  pt^o  ianto  repugnant  to  the  Federal  Constitution,  and  void.  Ward 
V.  Maryland,  12  Wallace,  418. 

In  State  v.  McCarty,  in  Criminal  Court,  May  10,  1876,  Gilmor,  A.  J.,  held 
that :  Since  this  decision  of  the  Supreme  Court,  section  41  of  Art.  56  of  the 
P.  G.  L.  applied  to  the  case  of  non-resident  traders  in  this  State,  and  that 
under  this  section  a  non-resident  was  on  the  same  footing  as  a  resident 
trader,  and  was  required  to  take  out  license. 


Licenses.  579 

Article  XXXIII.— Ordinances. 

cents  for  every  license  obtained  by  any  person  whose  name 
shall  be  contained  in  the  list  or  lists  so  returned  by  him,  to  be 
paid  by  the  party  applying  for  each  license;  but  the  failure  of 
said  sheriff  to  give  the  notice  herein  directed  shall  not  excuse 
any  neglect  to  obtain  a  license,  as  required  by  the  Public 
General  Laws. 

ORDINANCES  . 

AMUSEMENTS. 

1.  No  billiard  table,  rondo  table,  or  bagatelle  table,  shall  be  no.  36,  s.  s,  r. 
erected,  set  up,  kept,  or  in  any  respect  whatever  used  for  the  y.'w;  Nolav,  ' 

.       ^  *^  •'  ^  Apl.  5, '60;  No. 

purpose  of  either  gaming  or  entertainment  within  the  city,  46,  July 2, '6o. 
without  a  license  for  that  purpose  previously  obtained  from  penalty  for 
the  Mayor,  under  the  seal  of  the  corporation,  under  a  penalty  censed  buiiard 
not  exceeding  twenty  dollars  for  each  and  every  day  that  such 
billiard  table,  rondo  table,  or  bagatelle  table,  may  have  been 
set  up,  kept,  or  erected,  without  license  ;   and  every  license 
granted  as  aforesaid  shall  be  expressed  to  be  only  for  the  term  Terms  or 
of  one  year  from  the  date  thereof;  and  for  every  license  for 
the  keeping  of  a  billiard  table,  rondo  table,  or  bagatelle  table, 
that  shall  or  may  be  granted  under  this  ordinance,  the  person 
obtaining  the  same  shall  forthwith  pay  or  secure  to  be  paid  to 
the  Comptroller,  for  the  use  of  the  corporation,  the  sum  of 
twenty-five  dollars  for  each  billiard  table,  twenty-five  dollars 
for  each  rondo  table,  and  twenty-five  dollars  for  each  bagatelle 
table,  which  shall  be  in  lieu  of  every  other  tax  imposed  upon  Tax. 
such  tables  by  the  corporation. 

2.  Before  any  such  license  shall  be  granted,  the  person  or  no.  36,  s.  6,  r. 
persons  applying  for  the  same  shall  give  bond  to  the  Mayor  persons  appiy- 

/-i  -r-»  1  /»iijj  '"S  f"""  licenses 

and  City  Council  of  Baltimore  in  the  sum  of  three  hundred  to  give  bona, 
dollars  in  the  case  of  billiard  tables,  and  one  hundred  dollars 
in  the  case  of  bagatelle  tables,  with  security  to  be  approved 
by  the  Mayor,  conditioned  for  the  allowing  to  be  played  upon 
such  table  such  game  or  games  only  as  are  or  shall  be  permit- 


580  Licenses. 

Article  XXXIII. — Ordinances. 

ted  by  the  ordinances  of  the  city,  and  also  for  the  absolute 

prohibition  of  every  other  game  or  games  whatever ;  and  the 

Mayor  may       Mayor  shall,  or  may  when  thereto  required,  transfer  or  assign 

transfer  license.  .  . 

such  license  for  the  residue  of  the  term  for  which  it  may  have 
Proviso.  been  granted  ;  provided,  he  shall  consider  the  proposed  assignee 

to  be  a  fit  person  to  have  such  license,  who  shall  also  give  bond 
as  aforesaid  ;  and  if  the  Mayor  shall,  by  proper  and  competent 
testimony,  be  satified  that  any  billiard  table  or  bagatelle  table 
license  as  aforesaid  shall  be  used  or  employed  contrary  to  the 
ordinances  of  the  city,  he  shall  thereupon  have  the  right  and 
authority  to  revoke  such  license  ;  and  the  person  licensed  to 
keep  such  table  shall,  moreover,  be  liable  to  such  fine  or  fines 
as  this  or  any  other  ordinance  of  this  city  imposes  on  such 
offence. 

Ibid,  s.  7.  3.     Every  game  or  games  played  upon  billiard  tables  shall 

What  games  at  be  dccmcd  and  considered  unlawful,  and  are  hereby  prohibited, 

billiards  are  i  i        .    i  i      n         i  i  j 

lawful.  except  only  the  game  played  with  two  balls,  tlie  game  played 

with  three  balls,  the  game  played  with  four  balls,  and  the 
game  commonly  called  pool,  such  being  the  usual  games  of 
billiards. 

No.  31,  May  10,      4.     It  sliall  not  be  lawful  for  any  person  or  persons  who 

Minors  not  to     may  liavo  a  permit  or  license  to  erect   or   keep   a    billiard 

pUya'^i billiards,  saloon,  or  billiard  table,  as  mentioned  in  the  preceding  sec- 
Ac. 

tions,  to  allow  any  minor  to  play  at  any  game  in  said  saloon, 

or  on   any  billiard  table,  under  a   penalty  of  ten   dollars  for 

the  first  offence,  and  twenty  dollars  for  every  subsequent  ofience. 

No.  36,  s.  8,  R.  5.  If  any  person  or  persons  shall  erect,  set  up,  keep,  main- 
Nine  ana  ten  tain,  or  in  any  respect  whatever  use  for  amusement  or  enter- 
licenseY.  taiument  within  the  city,  any  bowling  saloon,  bowling  alley, 

nine  or  ten  pin  alley,  or  any  other  device  or  structure,  in  or 
upon  which  one  or  more  pins  are  set  up,  for  the  purpose  of 
casting,  throwing,  pushing  or  rolling  against  such  pin  or  pins, 
one  or  more  balls,  or  other  missiles,  without  having  obtained 


LiCENBEB.  581 

^ I , 

Article  XXXIII.— Ordinances. 


a  license  therefor,  for   which  license  there  shall  be  annually  cost  of  iioen«e. 
paid,  if  said  structure  be  located  within  the  limits  of  direct 
taxation,  the  sum  of  fifty  dollars,  and  out  of  the  limits  of  di- 
rect taxation  twenty-five  dollars,  such  person  or  persons  shall 
forfeit  and  pay  a  penalty  of  twenty  dollars  for  each  and  every  Penalty, 
day  he,  she  or  they  may  so  offend. 

6.  No  license  shall  be  granted  to  any  person  or  persons  ibw,  s.  9. 
applying  to  open  a  saloon,  alley,  or  structure,  under  the  pro- Assent  for  same 

,.     ,,  ,.  .  ,  .  ,  ,.  reqaired. 

Visions  01  tlie  preceding  section,  unless  said  applicant  or 
applicants  shall  obtain  the  assent  in  writing  of  a  majority 
of  the  property  holders  in  the  immediate  square  where  said 
alley  is  to  be  located ;  provided,  that  this  section  shall  not  Proviso 
apply  to  any  saloon,  alley,  or  structure,  which  has  been  here- 
tofore licensed  and  never  discontinued. 

7.  If  any  proprietor  or  proprietors  of  any  such  bowline  ibid,  a.  lo;  No. 

1  L         1  •  VI  J       .  ,      ,,         «.  ,1*.  Mar.  5,  '66. 

saloon,  bowling  alley,  device  or  structure,  shall  suffer  or  allow  Not  to  be  used 
any  person  or  persons  to  play  upon  or  use,  in  any  manner  at  night, 
whatever,  such  alley,  device,  or  structure,  after  half-past  eleven 
o'clock  at  night,  and  before  sunrise  in  the  morning,  he,  she, 
or  they,  as  the  case  may  be,  shall  forfeit  any  pay  two  dollars 
for  each  and  every  such  offence. 

8.  It  shall  be  unlawful  for  any  person  or  persons,  who  may  ibid,  s.  11. 
have  a  permit  or   license,  to  erect  or  keep  any  such  saloon,  Minors  not  to 

, .  J       .  be  permitted  to 

alley,  or  other  device  or  structure,  as  mentioned  in  section  5,  pW- 
to  allow  any  minor  to  play  at  any  game,  under  the  penalty  of 
ten  dollars  for  the  first  offence,  and  twenty  dollars  for  every  Penalty, 
subsequent  offence.* 

9.  It  shall  not  be  lawful  for  any  person  or  persons  to  keep  ibid, ».  12. 

a  shuttle  board   in  the  city,  unless  he,  she  or  they  shall  first  shuffle  boards 

,        .  to  bo  licensed. 

obtain  iroin  the  Mayor  a  license  therefor,  and  for  every  such 

*  See  further  as  to  Licenses,  under  Auctions,  Art  VI ;  Carriages,  Horses, 
Boats  and  Scows,  Art.  VIII ;  Comptroller  and  Register,  Art.  XI ;  Healthi, 
Art.  XXIII ;  Inspections  Weights  and  Measures,  Art.  XXVIII ;  Markets, 
Art.  XXXV. 


582  Licenses. 

Article  XXXIII. — Ordinances. 

Tax.  license  there  shall  be  paid  to  the  Comptroller  the  sum  of 

twenty  dollars ;  and  if  any  person  or  persons  shall  keep  a 
shuffle  board  in  violation  of  this  section,  he,  she  or  they  so 

Penalty.  offending  shall  forfeit  and  pay  the  sum  of  one  dollar  for  each 

and  every  day.* 

No.  37, 8.1,  R.        10.     No  person  or  persons,  within  the  limits  of  the  city, 
Theatrical  per-  shall  act,  cxhibit,  play,  Or  perform  any  play,  farce,  interlude, 

formances  to  be  ' 

licensed.  show,  Opera  Or  other  theatrical   or   dramatical  performance, 

entertainment  or  show,  or  public  exhibition,  for  gain,  without 
a  license  for  that  purpose  had  and  obtained  from  the  Mayor, 

Penalty.  undcr  the  seal  of  the  city,  under  the  penalty  of  twenty  dollars 

for  each  and  ever  offence ;  which  said  license  shall  express  for 
what  it  is  granted  and  the  time  it  is  to  continue  ;  and  the  fol- 

Taxfor  theatri-  lowiug  tax  Or  fine  shall  be  imposed  and  laid  upon  each  license 

cal  exhibitions.  j  r>  •  i         i  •    i  n 

granted  as  aforesaid,  which  tax  or  fine  shall  be  paid,  or  secured 
to  be  paid,  to  the  Comptroller  of  the  City  on  the  granting  of 
For  circus.        such  liccnsc,  as  follows,  to  wit :  for  circus  or  feats  of  horseman- 
ship in  a  building  permanently  erected  for  that  purpose,  three 
dollars  for  each  performance;  for  circus  or  feats  of  horseman- 
ship performed  under  a  covering  of  canvass  or  any  otlier  ma- 
terial temporarily  erected  for  that  purpose,  ten  dollars  for  each 
For  rope  danc-   performance  ;  for  rope  or  wire  dancing,  or  puppet  shows,  fifteen 
For  live  ani-     dollai'S  for  cacli  wcck  ;  for  exhibitions  of  living  animals,  five 
For  other  exhi-  dollars  for  cach  day  or  night  of  exhibition  ;  for  all  other  public 


bitions. 


exhibitions  for  gain,  five  dollars  per  week. 


Ibid,  s.  2.  11.     It  shall  be  the  duty  of  every  proprietor  of  any  theatre 

Penalty  for        or  museum,  before  they  permit  any  person  or  persons  whatso- 

performing 

without  license,  cvcr  to  usc  such  theatre  or  museum  for  the  purpose  of  acting, 
playing  or  performing  any  play,  farce,  interlude,  opera  or  other 
theatrical  or  dramatic  performance,  or  any  scene,  selection  or 
portion  of  any  play,  farce  or  drama  of  any  description,  for  gain, 
to  obtain  from  the  Mayor  the  license  required  by  this  ordinance, 


*  See  Gaming,  Art  XXI,  and  Sabbath-breaking,  Art.  XLII. 


Licenses.  583 

Article  XXXIII. — Ordinances. 

either  in  their  own  names  or  in  those  of  the  managers  of  sucli 
performance,  under  a  penalty  of  twenty  dollars. 

12.  Tile  owner  or  lessee  of  any  hall  or  theatre,  on  the  pay-  No.  loi.June 
merit  to  the  Comptroller  of  fifty  dollars,  shall  have  the  occu-  Payment la lien 

•'  of  license. 

pants  of  his  or  their  hall  or  theatre  exempted  from  license  for 
one  year. 

13.  It  shall  not  be  lawful  for  any  person  or  persons  to  hold  no.  lo,  Mar.  lo, 

'64  ;  No.  10, 

a  ball  where  an  admission  fee  is  charged,  without  first  obtain-  Feb.  26, '64. 
iug  from  the  Comptroller  of  the  City  a  license  or  permit  so  to  Baiu. 
do,  under  a  penalty  of  not  less  than  ten  nor  more  than  twenty  Penalty, 
dollars. 

14.  A  tax  or  license  for  all  balls  shall  be  levied  as  follows  :  no.  lo.Feb.  26, 

'64 

the  tax  or  license  for  all  balls  shall  be  one  dollar  per  day  or  Licenses  for 
night  when  the  admission  fee  does  not  exceed  twenty  five 
cents;  three  dollars  per  day  or  night  when  it  exceeds  twenty- 
five  cents,  but  is  not  over  fifty  cents ;  five  dollars  per  day  or 
night  when  it  exceeds  fifty  cents,  bnt  is  not  over  one  dollar, 
and  ten  dollars  per  day  or  night  when  it  exceeds  one  dollar, 
and  on  all  fancy,  masked,  or  rag  balls,  a  tax  of  ten  dollars  per 
day  or  night  when  an  admission  fee  is  charged. 

15.  The  tax  or  license  for  musical  parties  shall   be   one  No.  37. ».  s,  r. 
dollar  per  night,  when  the  admission  fee    does  not  exceed  Musical  parties 

,  ^  regulated. 

twenty-five  cents,  and  three  dollars  per  night  when  it  exceeds 
twenty-five  cents  but  not  over  fifty  cents,  and  five  dollars  per 
night  when  it  exeeeds  fifty  cents.  But  the  Mayor  is  authorized 
to  grant,  free  of  expense,  all  applications  for  license  for  con-  concerts,  tc, 

lor  charitable 

certs  or  performances  of  any  kind,  where  the  proceeds  are  purposes. 
intended  for  charitable  purposes. 

16.  It  shall  not  be  lawful   for   any  person   or  persons  toiwd,  s.  4. 
destroy,  tear,  or  otherwise  deface  any   bill  (posted   in   such  pg^^ity  f„r  Re- 
places as   may  be  permitted)  descriptive  of  any  performance  scripuve  ol' 

,,.  ..  iiiLU'    per'oruiance. 

paying  a  license  to  the  city  lor  permission  to  hold  such  exhi- 
bition ;  and  any  person  or  persons  violating  the  provisions  of 


.  584  Licenses. 

Article  XXXIII. — Ordinances. 

this  section  shall  forfeit  and  pay  for  each  and  every  offence 

the  sum  of  two  dollars. 
Ibid,  s.  6.  17.     The  Mayor  shall  have  full  power  and  authority  to  re- 

Mayor  author-    fuse  to  arrant  licenses  under  this  ordinance,  and  also  have  full 

izej  to  refuse  or  " 

revoke  licenses,  power  and  authority  to  revoke  any  license  granted  by  virtue 

of  this  ordinance,  should  he  think  proper  so  to  do. 
^*'i<i'S-7.  18.     Whenever  the  City  Solicitor  shall  be  notified  of  any 

City  Solicitor  to  violation  of  the  provisions  of  this  ordinance,  it  shall   be  his 

institute  pro-  ^ 

ceediugs.  duty  immediately  to  institute  legal  proceedings  against  the 

offender  or  offenders,  to  recover  from  him,  her,  or  them,  the 
penalty  or  penalties  prescribed  by  this  ordinance. 

DOGS. 
No.  64  s.  1,  R.       19.     Ko  dog  or  bitch  shall  be  permitted  to  run  at  large 
Dogs  not  to  go    within  the  limits  of  the  city  of  Baltimore,  unless  the  said  dog 

at  large  without  .  J  ^  o 

licensed  num-   or  bitcli  shall  have  a  collar  about  his  or  her  neck,  to  which 

ber.  ' 

shall  be  attached  a  licensed  number,  to  be  regularly  furnished 
by  the  Comptroller  of  the  City,  who  is  hereby  required  to  have 
the  same  prepared. 
Ibid,  s.  2.  20.     All  owners  of  dogs  shall  pay  to  the  Comptroller  of  the 

Amount  of  City,  annually,  the  sura  of  two  dollars  and  fifty  cents  for  every 
dog,  and  the  sum  of  ten  dollars  for  every  bitch  belonging  to 
them  ;  provided,  they  intend  to  let  the  same  run  at  large  ;  and 
the  evidence  of  the  payment  of  tlie  said  tax  shall  be  a  receipt 
of  the  Register  for  the  same,  and  the  number  attached  to  the 
collar  of  the  dog  or  bitch,  which  number  shall  be  so  arranged 
as  to  designate  which  are  dogs'  or  bitches'  licenses ;  and  if  any 
dog  or  bitch  be  found  to  be  improperly  or  falsely  numbered, 
Penalty  on  the  owucr  or  owucrs  of  the  said  dog  or  bitch  shall  be  liable  to 
a  fine  of  ten  dollars,  to  be  recovered  as  are  all  fines  under  the 
corporation. 

Ibid,  s.  3.  21.     It  shall  be  the  duty  of  the  Mayor  specially  to  authorize, 

Persons  maybe  by  commission,  a  suitable  person  or  persons  to  seize  or  kill  all 

appointed  to  ,  iti  i  -ij 

destroy  dogs,     dogs  Tunmng  at  large  unless  licensed  so  to  do,  as  provided 


Licenses.  585 

Article  XXXIII. — Ordinances, 
for  by  this  ordinance;  and  such  person  or  persons  so  author- Dogs dpstroyed, 

•  howtobedis- 

ized  shall  convey  all  dogs  so  killed  or  seized  to  either  ot  the  posed oi. 

police  stations — the  officer  in  charge  of  either  of  which  stations, 

shall  count  the  number  of  dogs  so  killed,  cause  the  ears  of  the 

same  to  be  taken  off,  or  the  animal  in  some  other  way  to  be 

marked,  so  as  to  prevent  a  return  of  the  same  by  the  person 

or  persons  so  authorized  to  kill  said  dogs,  and  thereupon,  and 

after  being  satisfied  that  said  animals  have  !>een  buried,  or  in 

some  other  way  conveyed  beyond  the  city  limits,  so  as  not  to 

become  a  nuisance,  shall  give  a  certificate  of  the  same,  to  be 

sworn  to  before  one  of  the  police  justices  of  the  peace,  by  the 

person  so  authorized  as  aforesaid,  and  such  certificate  so  sworn 

to  shall   entitle   the  person  to  whom  such  certificate  shall  be 

given  to  the  sum  of  fifty  cents  for  every  dog  so  killed,  to  be  compensation. 

paid  by  the  Register. 

22.     If  any  dog  or  bitch  be  found  running  at  large  between  ibid,  s.  <. 
the  first  day  of  June  and  the  first  day  of  October,  in  each  and  dors running 

•   1  11  -IT  1  1  1  11*'  '*'^*''^  during 

every  year,  with  a  collar  with  licensed  number  thereto  attached,  certain  months. 

■^   •'  '  how  disposed 

as  required  by  the  preceding  sections  19  and  20,  and  having  °'- 

the  name  and  residence  of  the  owner  marked  upon  it,  it  shall 

be  caught  and  removed  to  some  suitable  place  to  h)e  provided 

for  the  purpose,  and  kept  there  until  called  for ;  provided,  Proviso. 

however,  that  if  such  dog  or  bitch  shall  not  be  claimed  within 

forty-eight  hours   after  being  confined,  it  shall  be  killed,  as 

provided  for  in  the  preceding  section  ;  and  provided  further.  Further  proviso. 

that  the  owner  of  such  dog  or  bitch,  claiming  the  same,  shall 

first  pay  to  the  Register,  for  the  use  of  the  city,  a  fine  of  five 

dollars,  and  the  sum  of  two  dollars  to  the  officer  catching  and 

confining  such  dog  or  bitch,  to  cover  the  expense  of  keeping 

the  same. 


28.    Every  animal  of  the  dog  kind,  licensed  under  this  ordi-  ibid,  s.  6. 
nance,  shall   be  muzzled   when    required   by  proclamation   of  Licensed  d 
the  Mayor,  when  running  at  large ;  and  if  any  such  licensed 
dog  or  bitch  shall  be  found  running  at  large  without  a  proper 


586  Licenses. 

Article  XXXIII. — Ordinances. 


Penalty.  miizzlc,  tlic  owner  or  owners  thereof  shall  be  fined  the  sura 

of  two  dollars,  to   be  collected  as  all  other  city  fines  are  col- 
lected, to  be  paid  into  the  city  treasury. 

Ibid,  s.  6.  24.     If  any  person  or  persons,  other  than  the  owner  of  any 

Penalty  for  re-   dog  or  bitch,  shall  rcmovc  therefrom   the  licensed  collar  or 

moving  a  li-  , 

censed  coUar  or  Dumbcr,  or  muzzle,  as  aforesaid,  such  person  or  persons  shall 
be  liable  to  a  fine  of  not  less  than  two  nor  more  than  five 
dollars,  for  every  such  offence;  the  same  to  be  collected  as  all 
other  city  fines  are  collected,  and  to  be  paid  into  the  city 
treasury. 

Ibid,  8. 7.  25.     Except  when  the  duties  of  the  Mayor  and  Comptroller 

Execution  of     are  herein   particularly  specified,  the  execution   of  this  ordi- 

ordinaiice.  i  ^        i  ' 

nance   shall    be   put   in   especial   charge   of   the   Marshal   of 
Police. 


Ibid,  s.  8.  26.     On  complaint  being  made  to  the  Mayor  of  any  dog  or 

p..^vers of  Mayor  bitcli  withiu  the  city,  which  shall   by  barking,  biting,  howling, 

when  com- 
plaints ate         or  in  any  other  way  or  manner,  disturb  the  quiet  of  any  per- 

made  as^ainst  j  ^  j  ±  .'     i 

doJs''^**""'®  son  or  persons  whomsoever,  the  Mayor,  on  being  satisfied  of 
the  truth  of  such  complaint,  shall  direct  a  police  officer  to 
give  notice  thereof  to  the  person  or  persons  keeping  or  per- 
mitting such  dog  or  bitch  to  be  kept  or  to  remain  in  his  or  her 
house,  or  on  his  or  her  premises  ;  and  in  case  such  person  or 
persons  shall,  for  the  space  of  one  day  after  such  notice,  ne- 
glect to  cause  such  dog  or  bitch  to  be  destroyed  or  removed,  so 
as  to  prevent  the  disturbance,  he  shall  forfeit  and  pay  a  sum 

Penalty.  not  cxcceding  five  dollars  for  every  day  which  shall  elapse 

until  such  dog  or  bitch  be  removed  or  destroyed  as  afore- 
said. 

Ibid,  s.  9.  27.     No  poisoned  meat  or  any  poisonous  substance  shall  be 

Poisoned  meat,  cast  iiito  any  of  the  streets,  lanes  or  alleys  of  the  city  for  the 

Ac,  not  to  be 

thrown  in  purposc  of  destroying  dogs;  and  any  person  or  persons  viola- 
ting the  provisions  of  this  section  shall,  on  conviction,  be 
subject  to  a  fine  of  ten  dollars. 


LlOENBEB.  587 

Article  XXXIII. — Ordinances. 

28.  The  sum   of  five   hundred  dollars  is  hereby  annually  ihid.s.  lo;  Res. 

.No  97,  June  11, 

placed  at  the  disposal  of  the  Mayor  to  carry  out  the  provisions  "58;  no.  i89, 

'  of  this  ordinance,  to  be  taken  out  of  any  money  in  the  treasury  J^.°:  ^*^"'i"/j  "» 

not  otherwise  appropriated.  No.^fos,  juke 

10, '63;  No.  118, 
June  28,  '65; 
No.  a69,  June  8, 

PAWNBROKERS.  '67 

Appropriation. 

29.  The  Mayor  is  hereby  authorized   to   grant   licenses,  No.  38,  a.  i,  r. 

,  ,  ,     ,'o.;  No.  64,Oct. 

under  the  corporate  seal,  to  such  person  or  persons  as  shall  a, '67. 
produce  to  him  satisfactory  evidence  of  his,  her  or  their  good  Mayor  to  grant 
character,  to  exercise   or  carry  on   the  trade  or  business  of 
pawnbrokers,  which  license  shall  designate  the  house  in  which 
such  person  or  persons  shall  respectively  be  licensed  to  carry  License. 
on  the  said  trade  or  business ;  and  each  person   receiving  the 
said  license  shall  pay  therefor  tiie  sum  of  two  hundred  dol- 
lars, and  the  license  granted,  as  aforesaid,  shall  continue  for 
the  term  of  one  year  from  the  date  thereof,  and  may  be  re-  Term. 
newed  on  application  to  the  Mayor  each  and  every  year  on 
payment  of  the  same  sum. 

30.  No  person  shall  use,  exercise  or  carry  on  the  trade  or  ^o^m,  s  i.oci. 
business  of  a  pawnbroker  in   the  city,  without  having  Buch'-^'^°- 
license  as  aforesaid,  nor  in  any  other  house  than  the  one  desig-  who  maybe 

•'  ^    pawnbrokers, 

nated  in  the  said  license,  unless  in  case  of  removal,  the  Comp-  """i  ^^ere. 
troller  shall,  on  application,  endorse  on  said  license  the  house 
to  which  the  party  shall  have  removed. 

31.  Every  person  so  licensed  as  aforesaid  shall,  at  the  time  No.  38,  s.  a,  r. 
of  receiving  such  license,  enter  into  an  obligation  to  the  Mayor  Bond. 
and  City  Council  of  Baltimore,  with  good  and  sufiicient  sure- 
ties, to  be  approved  by  the  Mayor  and  the  presidents  of  both 
branches  of  the  City  Council,  or  a  majority  of  them,  in  the 
penal  sum  of  five  hundred  dollars,  conditioned  for  the  faithful 
observance  of  this  ordinance,  and  such  other  ordinances  as  may 
be  passed  on  this  subject. 

32.  Each  and  everv  pawnbroker  licensed  as  aforesaid  shall  No.74,s.2,oct. 
be  capable  of  receiving  from  any  person  or  persons,  (except  a  Powers  of 

'  o  J    r  r  }  \  L  pawnbrokers. 

minor  or  apprentice,  knowing  or  having  reason  to  believe  him 


588 


Licenses. 


Article  XXXIII. — Ordinances. 


to  be  such,)  bodies  corporate,  or  politic,  any  deposit  of  mer- 
chandise of  every  description,  as  collateral  security  for  such 
amounts  thereon  to  be  advanced  by  them,  as  they  may  deem 
proper  and  judicious,  and  to  hold  and  retain  the  same  during 
such  time  as  may  be  agreed  on  between  the  party  or  parties 
depositing  the  same  and  the  said  pawnbrokers,  and  to  charge 
for  such  advances,  interest  at  the  established  legal  rate, 
and  an  additional  charge  as  hereinafter  specified,  appropriate 
to  the  nature  of  the  deposit,  and  the  proper  storage,  removal 
and  care  of  the  same,  and  shall  give  to  the  party  or  parties  so 
depositing,  a  certificate  specifying  the  sum  advanced,  the  date 
of  deposit,  the  article  or  articles  deposited,  the  amount  of 
charge,  the  time  for  which  such  deposit  shall  be  kept,  as  well 
as  the  name  of  the  depositor,  and  his,  her  or  their  place  of 
business,  and  if  none,  of  abode. 


Certificate. 


Ibid,  s.  3. 
Deposits. 


Sale. 


33.  The  article  so  deposited  may,  and  if  so  agreed,  shall 
be  held  by  said  pawnbroker  six  months,  to  be  computed  from 
the  date  of  certificate  as  aforesaid,  and  if  not  then  redeemed,  or 
by  contract  the  certificate  thereof  be  renewed,  it  shall  and  may 
be  lawful  for  the  said  pawnbroker  then  to  proceed  to  have  such 
deposit  sold,  on  first  giving  ten  days'  notice  in  a  newspaper 
published  in  said  city,  of  the  time,  place  and  mode  of  sale  for 
cash  and  at  public  sale,  which  shall  be  effected  by  an  agent  by 
said  pawnbroker  to  be  designated;  whereat  it  shall  and  may 
be  lawful  for  the  pawnbroker,  when  by  him  deemed  essential 
for  self-protection,  to  be  a  competitor,  and  upon  such  sale  being 
made,  an  account  thereof,  sworn  to  by  the  agent  efiecting  the 
same  as  in  all  respects  fair  and  hona  Jide,  shall  be  rendered  to 
and  kept  by  said  pawnbroker,  and  a  copy  thereof  shall  be  de- 
livered on  reasonable  demand  to  the  depositor  of  the  matter 
so  sold,  whereof  the  proceeds  shall  be  applied :  first,  to  the 
payment  of  all  expenses  usual  and  incident  to  such  sale,  in- 
clusive of  any  tax  that  thereon  may  be  chargeable  legally ; 
secondly,  to  the  legal  interest  and  charges  hereby  authorized 


Licenses.  589 

Article  XXXIII.— Ordinances. 

on  advance  and  deposit  as  aforesaid  and  as  lierein  specified; 
thirdly,  to  reimbursing  to  the  pawnbroker  the  principal  ad- 
vanced, any  deficiency  wherein  shall  be  a  valid  claim  against 
such  depositor;  and  any  surplus  shall  be  payable  and  paid  to 
said  depositor,  or  the  party  thereto  legally  entitled,  if  demanded 
at  any  time  within  twelve  months  from  the  day  of  such  sale. 

34.  It  shall  be  lawful  for  the  said  pawnbroker,  in  view  and  ibid,  8.4. 
by  reason  of  the  necessity  of  extensive  storage,  labor  incident  charges, 
thereto,  porterage,  insurance  and  other  expenses  insej^arable 

from  the  nature  of  the  business  hereby  authorized,  as  aflbrding 
a  desirable  and  advantageous  facility  to  the  commercial  and 
other  classes  of  society,  to  charge  therefor  in  addition  to  in 
terest,  at  a  reasonable  rate,  in  no  case  to  exceed  two  cents  on 
the  dollar  each  month,  to  be  computed  on  the  principal  ad- 
vanced as  aforesaid,  and  shall  cause  to  be  kept  in  suitable 
books  tlverefor,  to  be  provided  by  said  pawnbroker,  an  accurate  Books, 
account  of  each  transaction  authorized  by  this  ordinance,  and 
all  the  business  and  afiairs  of  said  pawnbroker  shall  be  subject 
at  all  times  to  inspection  of  such  agent  or  officer  of  Baltimore 
city,  or  of  such  committee  as  for  that  purpose  may  be  designa- 
ted by  the  Mayor  and  City  Council  of  Baltimore. 

35.  If  any  person  or  persons  shall  sustain  any  injury  or  no.  as,  s.  8,r. 
damage  from  any  act  or  default  of  a  pawnbroker,  contrary  to  Form  of  action 
the  tenor  of  his  obligation  as  aforesaid,  such  person  or  persons 

may  institute  an  action  in  any  court  having  jurisdiction,  for 
his,  her,  or  their  use,  or  benefit,  in  the  name  of  the  Mayor  and 
City  Council  of  Baltimore,  upon  the  obligation  given  as  afore- 
said, in  which  action  he,  she  or  they  shall  recover  judgment 
for  the  amount  of  the  damages  sustained. 

36.  It  shall  be  the  duty  of  the  Register  of  the  City  to  ad-  iso.  as,  s.  lo,  r. 
vertise,  quarter  yearly,  in  one  or  more  of  the  public  papers,  Duty  of  Regis- 
tlie  names  or  the  several  persons  witlnn  the  city   who  have  officers. 
been  duly  licensed  as  pawnbrokers;  and  it  shall  be  the  duty 


590  Licenses. 

Article  XXXIII. — Ordinances. 

of  the  officers  of  the  city  to  inform  against  all  persons  offend- 
ing against  this  ordinance. 

No.  38,  s.  11,  K.      37.     No  license  as  a  pawnbroker  shall  be  granted  to  any 
Not  to  sell        person  who  has  an  ordinary  license,  or  license  for  the  retailing 

spirituous  ^  .    .  ,.  ,.  ,        , 

liquors.  or   spirituous  liquors;    and  any  license  to  any  pawnbroker, 

Mayor  may  re-  granted   as  aforcsaid,  may  be  revoked    or   annulled   by    the 

yoke  lic>inse.  .  .     i 

Mayor,  if  there  should  appear  to  him  sufficient  cause  for  so 
doing. 

Ibid,  s.  9.  38.     Any  person  offending  against  any  or  either  of   the 

Fines  and  pen-  aforegoing  provisious  shall  forfeit  a  sum  not  exceeding  fifty 
dollars  for  each  and  every  offence  ;  and  any  person  who  shall 
receive  any  pledge  on  which  he  shall  advance  money  and  take 
a  receipt  for  a  larger  sum  than  he  actually  advances,  shall  for- 
feit a  sum  not  less  than  two  hundred  nor  more  than  three  hun- 
dred dollars  for  each  and  every  offence. 

SELLING  IN  STREETS. 

No.  33,  .s.  23,  R.      39.     The  Mayor  is  hereby  authorized   and  empowered  to 

Mayor  author-   grant  liccnscs  to  as  many  poor  persons  as  to  him  may  appear 

licenses  to  sell   propcr,  to  permit  them  to  keep  tables  or  baskets  on  the  foot- 
certain  articles 
on  footways.      ways  across  the  gutters  of  the  streets  of  the  city,  with  the 

consent  of  the  occupiers  of  the  houses  before  which  such 
tables  or  baskets  may  be  placed,  for  the  purpose  of  exposing 
for  sale,  fruits,  cakes,  nuts,  and  other  articles  that  it  has  here- 
tofore been  customary  for  persons  of  that  description  to  sell, 
and  any  person  keeping  such  table  without  license  shall  forfeit 
and  pay  one  dollar  for  every  day  the  table  may  be  so  kept. 

Ibid,  8. 41.  40.     It  shall  not  be  lawful  for  any  person  or  persons  to  sell 

Oranges,  &c..    Or  offcr  for  salc  in  any  of  the  streets,  lanes,  alleys  or  highways 

not  to  be  sold  ,.     ,  .  '  J  ./  to  ./ 

without  license,  oi  the  city,  any  oranges,  lemons  or  limes,  without  having  pre- 
viously obtained  from  the  Comptroller  of  the  City  a  license, 
for  which  each  person  shall  pay  annually  the  sum  of  two 


Licenses.  591 

Article  XXXIII. — Ordinances. 

dollars,  and  every  offender  against  the  provisions  of  this  sec- 
tion shall  forfeit  and  pay  a  sum  not  exceeding  two  dollars  for  Penalty, 
each  and  every  offence. 

41.  No  license  granted  under  the  preceding  section  shall  iwd.s.  4a. 
authorize  the  sale  of  oranges,  lemons  or  limes  by  more  than  Extent  of  u- 
one  individual ;  and  all  sales  under  such  license  shall  be  made 

by  the  person  named  therein,  and  not  by  any  agent  or  other 
person,  and  no  person  so  licensed  shall  sell  or  offer  for  sale 
any  fruit  without  having  his  or  her  license  about  his  or  her 
l)erson,  and  every  offender  against  any  of  the  provisions  of  Penalty, 
this  section  shall  forfeit  and  pay  the  sum  of  ten  dollars. 

42.  But  the  person  or  persons  aforesaid  shall  not  be  liable  No.  36,  May  2, 
for  the  fines  and  penalties  imposed  by  the  preceding  two  sec- Notice  to  be 
lions,  unless  a  notice  has  been  given  to  the  person  or  persons 

so  offending,  and  the  necessary  time  has  been  allowed  for  a 
compliance  with  the  requirements  of  said  sections ;  provided,  Proviso, 
however,  that  the  provisions  of  this  section  shall  not  be  appli- 
cable to  any  one  who  may  commit  the  same  offence  a  second 
time,  or  fail  to  comply  with  the  requirements  after  the  said 
notice  has  been  given,  or  where  the  oftence  was  knowingly  or 
wilfully  committed.* 

*  See  the  act  of  1878,  c.  414,  p.  577,  ante,  and  Art.  LII,  Vagrants. 


592 


MoDoNOGH  Educational  Fund  and  Institute. 


Article  XXXIV.— Ordinances. 


ARTICLE   XXXIV. 


McDONOGH  EDUCATIONAL  FUND  AND  INSTITUTE. 


OEDIN ANCES  . 


BOARD    OP   TRUSTEES. 

Trustees  appointed. 

Property. 

Number  of  trustees:  vacancies, 
how  filled. 

Powers  of  trustees :  by-laws,  rules 
and  regulations :  president,  sec- 
retary and  agent:  salaries:  bond. 

Sale  and  purchase  of  real  estate : 
school  farm  :  interest  on  invest- 
ment: proviso. 

Support  and  maintenance  of  school 


farm :  instruction  and  education 
of  youth. 

7.  Annual  report  to   Mayor  and 

Council :  account  of  receipts 
and  expenditures. 

8.  Inspection  of  records,  accounts, 

grounds  and  buildings  of  insti- 
tute by  Mayor :  committees  of 
Council. 

m'donogh  bequest. 

9.  Ordinances,  &c-  relating  to. 


ORDINANCES. 

MANAGEMENT    OF    THE    McDONOGH    EDUCATIONAL     FUND 
AND  INSTITUTE. 

No.  68,  July  10,  1.  By  Ordinance  No.  68,  July  10,  1808,  Lawrence  Sang- 
Boardoi  trus-  ston,  Joshua  Vansant,  Albert  Schumacher,  Robert  T.  Bald- 
win,  John  Donnell  Smith,  James  B.  George,  H.  Clay  Dal- 
lam, William  A.  Stewart  and  William  Keyser,  of  the  city  of 
Baltimore,  were  constituted  the  Board  otTrustees  of  the 
McDonogh  Educational  Fund  and  Institute. 

Ibid,  8.2.  2.     All  the  money,  stock,  securities,  investments,  property 

Property.         and  cstatc  of  every  kind  and  description,  with  the  increment 

thereon,  which  has  heretofore  come  into  the  possession  of  the 

city  of  Baltimore,  or  which  hereafter  may  come  into  its  pos- 


McDoNOGH  Educational  Fund  and  Institute.  598 

Article  XXXIV.— Ordinances. 

session,  or  which  is  now  hekl  by  any  agent,  trustees  or  board 
of  trustees,  heretofore  created  by  any  ordinance,  and  which 
has  been  or  may  hereafter  be  received  under  the  bequests 
and  devises  contained  in  the  will  of  John  McDonogh,  by  the 
city  of  Baltimore,  shall  pass  to  and  be  invested  in  said  board 
of  trustees, 

3,  The  number  of  trustees  shall  not  be  less  than  seven,  ibid.s.  3. 
nor  more  than  nine,  and  if  at  any  time  they  shall  be  reduc-  Number  of 
ed  to  a  less  number  than  seven,  by  death,  resignation,  or  re- 
moval out  of  Baltimore  city,  or  otherwise,  it  shall  be  the 

duty  of  the  remaining  trustees  to  fill  each  vacancy  within  vacancies,  how 
thirty  days  after  its  occurrence,  and  if  tliey  do  not  fill  such 
vacancy  within  said  period,  it  shall  be  the  duty  of  the  presi- 
dent of  the  board  to  notify  the  Mayor  of  the  City  of  Balti- 
more of  the  fact  of  said  vacancy,  and  thereupon  it  shall 
be  the  duty  of  the  Mayor  to  appoint  some  person  to  fill  such 
vacancy  or  vacancies  as  often  as  they  may  occur  in  manner 
aforesaid,  and  the  person  so  ap{)ointed  shall  be  and  become 
one  of  tlie  trustees  to  all  intents  and  purposes. 

4.  A  majority  of  trustees  shall  have  power,  from  time  to  ibid, s.  4. 
time,  to  enact  and  make  by-laws  and  rules  and  regulations  Powers  of 
for  the  management  and  government  of  said  Fund  and  In-  By  laws,  rules 

,      .     ami  regulations. 

stitute  ;  they  shall  also  have  power  to  remove  any  one  01  tlieir 
own  number  who  in  the  opinion  of  the  majority  of  said  trus- 
tees may  be  negligent  of  his  duty,  or  otherwise  conduct  him- 
self improperly  ;  to  elect  annually  a  president,  secretary  and  president,  sec 

retary  and 

agent,  fix  their  salaries  and  prescribe  their  respective  duties,  agent. 
and  to  remove  them  at  pleasure ;  to  appoint  such  other  salaries, 
officers  and  servants  as  they  may  deem  necessary  and  proper, 
according  to  such  rules  and  by-laws  as  may  be  prescribed  by 
them  ;  and  any  officer  or  officers,  or  agent,  who  shall  be  ap- 
pointed to  receive  and  disburse  the  money  of  said  Fund  and 
Institute,  shall,  before  he  proceeds  to  act  as  such,  enter  into 


594 


McDoNOGH  Educational  Fund  and  Institute. 


Article  XXXIV. — Ordinances. 


Bond. 


Ibid,  8.  5. 

Sale  and  pur- 
chase of  real 
estate. 


School  farm. 


Interest  on  in- 
vestment. 


bond  with  such  penalty  and  conditions  as  may  be  prescribed 
by  said  trustees. 

5.  The  said  trustees  may  sell  all  the  real  estate  situate  in 
the  city  of  Baltimore,  heretofore  purchased  by  the  trustees 
of  the  McDonogh  Educational  Fund  and  Institute,  and  in- 
vest the  proceeds  in  real  estate  in  the  vicinity  of  Baltimore, 
of  such  dimensions  and  at  such  distance  from  said  city  as  to 
them  may  seem  most  judicious  for  the  purpose  of  establish- 
ing a  School  Farm,  as  directed  under  the  will  of  the  said 
John  McDonogh,  which  real  estate  shall  be  in  fee  simple  and 
adapted  to  agricultural  purposes  ;  in  addition  to  the  pro- 
ceeds arising  from  the  sale  of  the  real  estate  aforesaid,  the 
said  trustees  are  authorized  to  use  all  the  interest  which  may 
accrue  from  the  investment  of  the  sum  of  five  hundred  thou- 
sand dollars,  in  the  purchase  of  said  real  estate  and  erection 
of  such  buildings  and  improvements  thereon  as  may  be 
necessary  for  such  school  farm,  until  the  purchase  money  of 
the  land  and  the  erection  of  said  buildings  shall  have  been 
fully  paid ;  provided,  nevertheless,  that  the  principal  sum 
of  said  fund  shall  at  no  time  be  less  than  five  hundred  thou- 
sand dollars,  which  the  said  trustees  are  required  to  have 
well  secured  at  all  times. 

6.  So  soon  as  the  purchase  of  the  real   estate  and  the 
Support  and      crcction  thercou  of  the  buiklings  mentioned  in  the  preceding 

maintenance  of  ,  ini  n  ii  •if 

school  farm,  scctiou  shall  havc  bceii  completed  and  paid  for,  the  said  trus- 
tees shall  apply  the  interest  issuing  from  said  funds,  as  well 
as  the  interest  which  may  be  derived  from  all  other  property 
devised  to  the  city  of  Baltimore  by  the  said  John  McUonogh, 
to  the  support  and  maintenance  of  said  school  farm,  and  the 
Instruction  and  expcuscs  incident  to  the  proper  instruction  and  education  of 
youth.  the  youth  directed  by  said  will  of  said  John  McDonogh. 


Ibid,  s.  6. 


Ibidj  s.  7. 


7.     It  shall  be  the  duty  of  the  board  of  trustees  to  exhibit 
to  the  Mayor  and  City  Council   of  Baltimore,  annually,  a 


MoDoNOGH  Educational  Fund  and  Institute.  595 

Article  XXXIV.— Ordinances. 
full  report  in  writing  of  their  proceedings  during  the  year,  Annual  report 

to  Mayor  and 

and  of  the  state  of  the  Institute,  showing  the  number  and  councu. 
condition  of  the  scholars  and  all  matters  necessary  to  the 
full  understanding  of  the  affairs  and  situation  of  the  Insti- 
tute, which  shall  be  certified  by  oath  or  affirmation  of  the 
president,  secretary  and  agent,  and  at  least  one  of  the  trus- 
tees ;  it  shall  be  accompanied  by  an  account  or  statement,  Account  of  re- 
ceipts and  ex- 
certified  in  like  manner,  showing  the  receipts  and  expendi-  penuitures. 

tures  for  the  year,  and  the  assets  and  pecuniary  condition  of 
the  Institute,  and  said  reports  shall  be  addressed  to  the 
Mayor  at  least  ten  days  before  the  annual  meeting  of  the 
City  Council  in  each  and  every  year. 

8.     The  records,  books,  accounts,  papers,    grounds   andiwd.s.  s. 
buildings  of  the  said  Institute  shall  at  all  times  be  open  to  inspection  of 

records,  ac- 

the  inspection  and  examination  of  the  Mayor  ;  and  the  City  counts,  grounds 
Council  shall  always  have  power,  by  resolution  or  otherwi  e.  Mayor!""* 
to   appoint   committees   of  their   body  to   inquire   into   the  committees  of 
affairs  of  said  Institute. 


McDONOQH  BEQUEST. 
9.     The  ordinances  and  resolutions  enacted  before  ordi- Res.  no.  lo, 

Jan.  »,  '61. 

nance  No.  68,  July  10,  1868,  on  this  subject,  are  as  follows :  Preamble. 
Resolution  No.  10,  approved  January  9,  1851,  recited  :  that 
whereas,  John  McDonogh,  late  of  the  city  of  New  Orleans 
and  the  State  of  Louisiana,  deceased,  by  his  last  will  and 
testament,  bequeathed  unto  the  cities  of  Baltimore,  in  Mary- 
land, and  New  Orleans,  in  Louisiana,  legacies,  to  a  large 
amount;  and  whereas,  the  said  John  McDonogh,  by  said 
last  will  and  testament,  declares  and  says  :  ''  and  it  is  further- 
more my  wish  and  desire,  and  I  hereby  will,  that  in  case 
there  should  be  a  lapse  of  both  the  legacies,  to  the  cities  of 
New  Orleans,  in  the  State  of  Louisiana,  and  Baltimore,  in 
the  State  of  Maryland,  or  either  of  them,  wholly  or  in  part, 


Ilk 


596  McDoNOGH  Educational  Fund  and  Institute. 

Article  XXXIV. — Ordinances. 

by  refusal  to  accept,  or  any  other  cause  or  means  whatsoever, 
then  both  or  either  of  said  legacies,  wholly  or  partially  so 
lapsed,  shall   inure,  as  far  as  it  relates  to  the  city  of  New 
Orleans,  to  the  State  of  Louisiana,  and  as  far  as  it  relates  to 
the  city  of  Baltimore,  to  the  State  of  Maryland  ;  that  the 
Legislatures  of  those  States,  respectively,  may  carry  my  in- 
tentions as  expressed  and  set  forth  in  this  my  last  will  and 
testament  into  efiect,  as  far  and  in  the  manner  which  will 
Ibid,  s.  2.         appear  to  them  the  most  proper  ;"^  therefore,  it  was  resolved. 
Trust  accepted,  that  the  city  of  Baltimore  docs  hereby  accept  the  interest  and 
property  in  the  estate  of  John  McDonogh,  late  of  the  city  of 
New  Orleans,  and  State  of  Louisiana,  deceased,  devised  and 
bequeathed  to   the  city  of  Baltimore,  by  the  last  will   and 
Ibid, s. 3.         testament   of  the   said   John    McDonogh.     And  tlie  city  of 
Faith  of  city     Baltimore  pledges  her  faith,  that  she  will  abide  by  and  com- 
ply  with  the  wishes  and   directions   of  the   said   John    Mc- 
Donogh, as  expressed  in  his  said  last  will  and  testament. 

No.2,s.i,Dec.      Ordinance  No,  2,  approved  December  28,   1854,  enacted, 

Three  agents  to  that  immediately  after  the  passage  of  said  ordinance,  there 
shall  be  appointed,  as  city  officers  are  appointed,  three  per- 

Residence.  SOUS  of  integrity  and  ability,  one  of  whom  shall  be  a  citizen 
and  resident  of  New  Orleans,  who  shall  originally  have  been 
a  citizen  of  Baltimore,  and  two  citizens  of  Baltimore,  who 
shall  be  styled  "Agents  of  the  city  of  Baltimore  for  the 
McDonogh  Bequest,"  who,  (after  having  given  bond,  as  pro- 
vided for  in  the  succeeding  section  of  this  ordinance,)  shall, 

Duties.  with  as  little  delay  as  possible,  proceed  to  the  city  of  New 

Orleans,  and  there  represent  the  interests  of  the  Mayor  and 
City  Council  of  Baltimore  in  all  things  that  appertain  to 
the  general  estate  of  the  late  John  McDonogh,  wherein  the 

*By  act  of  1852,  c.  6,  the  General  Assembly  of  Maryland,  enacted  that  it 
is  the  declared  intention  of  the  State  to  assent  to,  and  to  accept  the  bequest 
and  devise  made  to  it  by  the  said  will. 


MoDoNOGH  Educational  Fund  and  Institute.  597 

Article  XXXIV.— Ordinances. 

cities  of  Baltimore  and  New  Orleans  are  devisees.  They 
shall  act  for  and  manage,  conduct  and  administer,  the  affairs 
of  said  estate  jointly,  with  the  three  commissioners  or  agents 
appointed  for  the  same  purpose  by  the  city  of  New  Orleans. 
The  said  agents  shall  continue  in  office  at  the  pleasure  of  the  Term  of  office. 
Mayor  and  City  Council  of  Baltimore,  and  until  the  ap- 
pointment and  qualification  of  their  successors,  and  they 
must  reside  in  the  city  of  New  Orleans  ;  and  at  no  time  shall  two  only  may 

^  _  be  absent. 

more  than  two  of  the  agents  be  absent  from  said  city  at  the 
same  time,  under  a  penalty  of  forfeiture  of  their  office. 

That  each  of  the  said  agents,  before  entering  upon  their  ibid,  s.  a. 
duties  or  acting  as  agents,  shall  give  bond  in  the  sum  of  Bond, 
twenty-five  thousand  dollars  to  the  Mayor  and  City  Council 
of  Baltimore,  (which  bond  shall  be  approved  by  the  Mayor 
and  presidents  of  the  two  branches  of  the  City  Council,)  for 
the  faithful  performance  of  their  duties  as  agents  under  the 
will  of  the  late  John  McDonogh ;  and  that  each  of  the  par- 
ties signing  said  bond,  as  securities,  shall  make  oath  before  conditions, 
a  justice  of  the  peace  that  he  possesses  and  holds  in  his  own 
right,  real  estate  in  the  State  in  which  he  resides,  clear  of 
all  incumbrance,  assessed  for  a  sum  equal  to  double  the 
amount  for  which  he  shall  propose  to  bind  himself  under  the 
aforesaid  bond ;  provided,  that  the  joint  sums  for  which  the  proviso, 
several  securities  shall  thus  be  bound  shall  not  be  less  than 
twenty -five  thousand  dollars  ;  and  it  is  hereby  further  pro- 
vided, that  a  certificate  from  the  magistrate  by  whom  the 
aforesaid  oath  has  been  administered,  properly  authenticated, 
shall  be  deposited  with  the  Register  of  the  City  of  Baltimore, 
before  the  approval  of  said  bonds  ;  the  semi-annual  account 
to  be  transmitted  to  the  commissioners  to  be  appointed  by 
the  city  of  Baltimore,  as  mentioned  in  the  said  will,  to  be 
signed  and  sworn  to  by  all  the  said  agents,  before  a  com- 
missioner of  deeds  for  the  State  of  Maryland,  or  before  a 
notary  or  judge,  or  magistrate,  who  shall  affix  thereto  his 


598 


McDoNOGH  Educational  Fund  and  Institute. 


Article  XXXIV. — Ordinances. 


Certificate.  IsignatuFG,  With  the  Seal  of  his  office,  together  with  a  certifi- 
cate from  the  proper  officer  of  the  State  of  Louisiana,  or  city 
of  New  Orleans,  authorized  to  give  such  certificates,  sealed 
with  the  officer's  proper  seal,  that  said  notary,  judge,  or 
magistrate,  is  the  officer  such  as  his  signature  and  seal  de- 
scribe him  to  be. 

Ibid,  s.  3,  xo.  That  the  compensation  of  said  agents  shall  respectively 
Compensation,  begin  with  the  date  upon  which  they  take  charge  of  the 
trust  and  shall  be  two  thousand  five  hundred  dollars  per  an- 
num, for  each  of  the  agents  selected  from  Baltimore,  and  the 
same  for  the  agent  selected  from  New  Orleans  ;  payable 
How  to  be  paid,  quarterly  out  of  the  funds  devised  by  the  commissioners  ap- 
pointed under  the  will  of  the  late  John  McDonogh,  the 
Mayor  and  City  Council  of  Baltimore,  from  the  proceeds  of 
the  McDonogh  bequest,  and  may  be  deducted  by  the  said 
agents  from  the  monies  coming  into  their  hands  on  said  ac- 
count, to  be  noted  as  such  in  their  semi-annual  account. 

That  in  case  of  the  death,  resignation  or  failure  to  bond 
in  time,  (say  within  thirty  days  after  the  appointment  hav- 
ing been  made,)  of  either  or  all  of  the  agents,  then  the 
v^acancy.how  Mayor  shall,  immediately  thereafter,  nominate  a  successor 
or  successors,  as  provided  for  in  the  first  section  of  this  or- 
dinance, if  the  Council  be  in  regular  or  special  session,  and 
if  it  be  during  the  recess  of  the  Council,  then  the  Mayor 
shall  immediately  convene  the  Council,  and  said  Mayor  and 
City  Council  shall  proceed  to  fill  such  vacancy  or  vacancies 
in  the  manner  providing  for  the  appoin'ment  of  said  agents 
in  the  first  section  of  this  ordinance. 


Ibid,  s.  4. 

Failure  to  give 
bond. 


Ibid,  .s.  5. 

Joint  standing 
cnmmittee  of 
Mayor  and 
Council. 


That  there  shall  hereafter  be  annually  appointed,  by  reso- 
lution of  the  Mayor  and  City  Council  of  Baltimore,  a  joint 
committee  of  three  members  of  each  branch,  which  commit- 
tee shall  be  named  the  "joint  standing  committee  on  the 
McDonogh    bequest."      This    committee    shall    audit    the 


McDoNOGH  Educational  Fund  and  Institute.  699 

Article  XXXIV.— Ordinances. 

agents*  accounts,  and  examine  the  proceedings  of  the  com-  Duties, 
missioners  and  directors  of  the  McDonogh  bequest ;  and  to 
this  committee  shall  be  referred  all  memorials  and  subjects 
appertaining  to  the  McDonogh  estates,  connected  with  the 
city  of  Baltimore  ;  and  the  committee  will  report  from  time 
to  time,  as  may  be  useful,  the  state  of  the  funds  of  the  be- 
quest, and  the  value  and  condition  of  the  real  estate,  to  the 
Mayor  and  City  Council  of  Baltimore. 

That  the  Mayor  and  City  Council  of  Baltimore  shall  in  ibid,..  6. 
no  wise  be  responsible  for  the  acts  or  omissions  of  the  agents  Mayor  and  cuy 

r  •  ^        f       1  ^  i  •  i  •  /«i       Council  not  re- 

aforesaid,  of  whom  they  are  the  supervisors  by  virtue  of  the  si«nsibie. 
power  vested  in  them  by  said  will,  nor  for  the  salaries  of 
said  officers,  nor  for  any  expenses  by  them  incurred  in  the 
prosecution  of  their  trust. 

That   the   agents   appointed  as    aforesaid   shall    not   be  ibid, ».  7. 
changed   or   removed,  except  only  by  an   ordinance  of  the  Agent*,  how  to 

,  be  changed  or 

Mayor  and  City  Council  of  Baltimore  ;  and  should  it  be  ne-  removed, 
cessary,  at  any  time  in  the  recess  of  the  Council,  in  the  opin- 
ion of  the  Mayor,  that  any  one  or  all  of  said  agents  should 
be  changed,  then,  and  in  that  case,  it  shall  be  the  duty  of 
the  Mayor  forthwith  to  summon  the  members  of  the  City 
Council,  to  take  into  consideration  the  propriety  of  such 
change  ;  the  reason  for  which  he  shall  report  to  the  Council. 
And  it  is  further  enacted,  that  no  a])pointment  of  agents  Appointment 

by  concutTence 

under  the  will  of  the  late  John  McUonogh  shall  be  made?'  the  two 

"  branches  of  the 

without  the  concurrence  of  a  convention  of  the  City  Council  t-'^y  t^ou^cn. 
of  Baltimore.  * 

Ordinance  No.  26,  approved  May  28,  1858,  entitled  "An  no. 26, May,28, 
ordinance  for  the  appointment  of  agents  to  represent  the  Agents ap- 

n    -n     ^     •  •  i  •  i        •      •  •  ^  t   PO'^ted. 

City  of  Baltimore  in  the  receipt,  adminisi ration,  sale  and 

*  Ord.  approved  Sept.  18,  '54,  entitled  An  ordinance  for  the  appointment 
of  agents  to  represent  the  city  of  Baltimore  in  the  execution  of  the  will  of 
John  McDonogh,  late  of  the  city  of  New  Orleans,  was  repealed  by  above 
ordinance. 


600  McDoNOGH  Educational  Fund  and  Institute. 

Article  XXXIV. — Ordinances. 

liquidation  of  Baltimore's  interest  in  the  estate  of  the  late 
John  McDonogh,  of  Louisiana,  deceased  ;  and  for  the  ap- 
pointment of  a  Board  of  Trustees  of  the  McDonogh  Educa- 
tioaal  Fund  and  Institute,"  enacted,  that  Brantz  Mayer, 
William  S.  Peterkin  and  Thomas  L.  Emory  be  appointed 
agents  of  the  city  of  Baltimore  for  the  receijit,  administra- 
tion, sale  and  liquidation  of  the  portion  of  the  estate  of  the 
late  John  McDonogh,  of  Louisiana,  deceased,  to  which  Bal- 
timore is  entitled  by  virtue  of  said  McDonogh's  will,  and  by 
virtue  of  the  decree  for  partition  of  said  McDonough's  estate 
between  the  cities  of  New  Orleans  and  Baltimore,  rendered 
by  the  Fifth  District  Court  of  New  Orleans,  and  confirmed 
by  the  Supreme  Court  of  Louisiana ;  but  before  entering 
upon  the  duties  of  their  office,  each  of  the  said  agents  shall 
To  give  bond,  givc  boud,  with  sccurity  in  the  sum  of  twenty-five  thousand 
dollars,  to  the  Mayor  and  City  Council  of  Baltimore,  for  the 
faithful  discharge  of  the  duties  hereinafter  described  and 
defined — said  bonds  to  be  approved  by  the  Mayor,  Comp- 
troller and  the  Presidents  of  the  two  branches  of  the  City 
Council,  to  be  deposited  with  the  Comptroller  of  the  City  of 
Baltimore. 

Ibid,  s.  2.  That  the  powers  and  duties  of  said  agents  shall  be  the 

Powers  and  du-  r.  ■,■,         . 

ties  of  agents.      lollOWing,   tO  Wit." 

To  receive  1,     The  Said  agcuts  are  hereby  directed  and  empowered 

city's  propor-  _ 

tion  of  estate,  to  receivc  from  the  agents  and  commissioners  of  the  cities  of 
New  Orleans  and  Baltimore,  now  jointly  administering  the 
estate  of  the  said  McDonogh,  deceased,  by  virtue  of  ordinan- 
ces passed  by  said  cities,  all  the  portion  or  portions  of  said 
John  McDonogh's  estate,  real  and  personal,  movable  and 
immovable,  to  which  the  said  city  of  Baltimore  is  entitled 
under  said  McDonogh's  will,  and  by  virtue  of  the  decree  for 
partition  heretofore  referred  to.  They  are  authorized  and 
empowered  to  give  receipts  and  acquittances  for  the  same  to 


McDoNOGH  Educational  Fund  and  Institute.  601 

Article  XXXIV.— Ordinances. 

the  said  board  of  agents  and  commis.sioners,  and  if  neces- 
sary, to  the  city  of  New  Orleans  ;  and  to  make  all  settle- 
ments in  liquidation  of  accounts  with  said  city  of  New 
Orleans,  for  taxes,  expropriated  property  and  their  several 
interests  in  said  McDonogh's  estate. 

2.  The  said  agents  are  hereby  further  directed  and  em  To  have  care 
powered,  a  ter  the  receipt  by  them  of  the  city  of  Baltimore's  mentnf  city's 

.  X  ^  J  share  of  estate. 

share  of  said  McDonogh's  estate  as  aforesaid,  together  with 
all  the  books,  papers,  plats  and  evidences  of  title  requisite 
for  the  separate  administration  of  the  property,  to  do  and 
perform  all  necessary  acts  for  the  care  and  management  of 
the  same,  as  fully  and  entirely  as  if  the  property  were  under 
the  immediate  control,  in  this  city,  of  the  Mayor  and  City 
Council  of  Baltimore  ;  they  are  directed  to  lease  and  repair 
proi)erty,  collect  rents,  pay  taxes,  claims,  judgments,  costs 
of  administration,  and  to  settle  with  and  make  payment  or 
satisfaction  to  the  American  Colonization  Society,  and  the 
Society  for  the  Relief  of  Destitute  Orphan  Boys,  (beneficia- 
ries under  said  McDonogh's  will,)  according  to  the  princi- 
ples settled  by  the  Supreme  Court  of  Louisiana  in  its  con- 
firmation of  the  decree  for  the  partition  of  the  McDonogh 
estate  ;  and  to  perform  such  other  administrative  acts  as 
shall  be  needful  for  the  guardianship  and  economical  man- 
agement of  the  property  until  it  is  sold. 

3.  The  said  agents  are  hereby  further  directed  and  em- to  adrertise 
powered  to  advertise  for  sale,  and  to  sell  at  public  sale  if  ad-  crty.^^   ^'"'^ 
visable,  and  if  not  deemed  by  them  advisable,  then  to  sell  at 
private  sale,  at  the  earliest  favorable  period,  and  on  such 

terms  as  to  credit  and  purchase  money  as  in  their  judgment 
shall  be  most  advantageous  for  the  interests  of  the  city  of 
Baltimore,  all  and  every  part  of  the  real  and  personal  estate, 
movable  and  immovable  property,  belonging  to  said  city  of 
Baltimore,  under  and  by  virtue  of  the  will  of  the  said  John 


602  MoDoNOGH  Educational  Fond  and  Institute. 


Article  XXXIV.— Ordinances. 


McDonogh,  and  of  the  decree  of  partition  aforesaid,  recently 
Kx press  and       Confirmed  by  the  Su])reme  Court  of  said  State.     Express  and 

special  powers 

of  agents.  spccial  powcrs  arc  hereby  given  to  and  vested  in  said  agents, 
appointed  by  this  ordinance,  to  effect  such  sales  of  said  real 
and  personal,  movable  and  immovable,  property,  and,  in  the 
name  of  and  for  the  city  of  Baltimore,  to  give  full  and  com- 
plete titles  to  the  purchaser  or  purchasers,  according  to,  and 
in  compliance  with,  the  terms  of  sale,  so  as,  under  the  laws 
of  Louisiana,  to  convey  to  said  purchaser  or  purchasers  the 
title  of  said  city  of  Baltimore  in  each  and  every  part  of  said 
property  sold  by  the  said  agents.  All  obligations,  bonds, 
mortgages,  notes,  guaranties  or  securities  from  said  purchaser 
or  purchasers,  in  said  sales,  shall  be  given  to  the  agents  and 
received  by  them  in  their  capacity  as  agents  for  t  he  city  of 
Baltimore  under  this  ordinance. 

Proceeds  of  4.     The  Said  Rgcuts  are  hereby  directed,  and  it  shall  be 

sales  to  he  paid      ,.,  .  it->  iprn  f     ^        -nir    T\  i 

t..  board  of       their  duty,  to  remit  to  the  Board  oi  Trustees  ot  the  McUonogh 

trustees  _        '  _  . 

Educational  Fund  and  Institute,  created  by  the  fourth  section 
of  this  ordinance,  all  proceeds  of  said  sales,  in  cash, 
notes,  bonds,  mortgages  or  other  securities,  and  all  moneys 
collected  by  them,  as  soon  as  received,  and  to  take  receipts 
Agents  to  re-     thercfor    from  said  board  of  trustees;    and    semi-annually, 

port  semi-annu-  ...  •  fn  i- 

ally-  during  their  continuance  in  omce,  to  send  a  sworn  report  ot 

their  action  undc  this  ordinance,  and  of  their  financial  ac- 
counts, to  the  Mayor  and  City  Council  of  Baltimore  ;  and, 
as  soon  as  practicable,  to  liquidate  the  whole  of  said  city's 
interest  in  said  McDonogh's  estate. 

Agents  to  pro-        5.     Thc  Said  agcuts  are  hereby  directed  and  empowered, 

vide   for  the  .  .  •    i         i  •  c    -»t  /-^    i  •    ^  ^ 

slaves  belong-    m  connectiou  With  the  city  oi  ISew  Orleans,  or,  with  such 

ing  to  th«  ''  ^  '         '  ^ 

estate.  agcuts  as  Said  city  may  authorize  to  act  for  it,  to  provide  for 

the  slaves  belonging  to  said  John  McDonogh's  estate,  accord- 
ing to  the  designs  of  his  will,  either  by  transporting  them, 
or  a  portion  of  them,  as  soon  as  practicable,  to  one  of  the 


1^  UWiV 

McDoNOGH  Educational  Fund  and  IimT»o¥i5r  603 

Article  XXXIV.— Ordinances. 

colonies  of  free  negroes  in  Africa,  or  by  their  liberation,  or 
the  liberation  of  portions  of  them,  from  servitude.  For  tliis 
purpose,  the  agents  are  hereby  authorized  to  apply  such 
sums  of  money  as  will  be  sufficient,  with  similar  co-operation 
by  the  city  of  New  Orleans,  to  fulfil  in  spirit  the  humane 
purposes  of  the  late  John  McDonogh,  in  regard  to  his  slaves. 

That  the  agents  of  the  city  of  Baltimore,  in  compensation  iinu.s  3. 
for  their  services,  travelling  expenses,  salary  of  a  clerk,  and  compensation 

of  agents. 

all  other  extras  in  discharge  of  their  trust  and  duties 
under  this  ordinance,  are  hereby  authorized  to  receive 
a  compensation  «.»f  four  per  cent,  on  the  amount  received  from 
the  sales  of  the  city  of  Baltimore's  share  in  the  estate  of 
John  McDonogh  ;  the  said  four  per  cent,  to  be  divided  as 
follows  :  One  and  one-half  of  one  per  cent,  to  Brantz  Mayer, 
one  and  one-half  of  one  per  cent,  to  William  S.  Peterkin, 
and  one  per  cent,  to  Thomas  L.  Emory. 

That,  whereas  it  is  considered  an  object  of  primary  obli-  iwd,  s.4. 

gation  to  keep  the  legacy  of  the  late  John  McDonogh  sepa-  Board  of  tms- 
10  ^  ..11    '^^''* '"  ***  *P' 

rate  and  distinct  from  the  general  funds  of  tlie  city  of  Bal-  pointed. 

timore,  so  that,  while  it  accom])lishes  the  leading  object  of 
the  testator,  it  may  stand  as  a  monument  of  his  liberality 
and  public  spirit,  a  board  of  trustees,  consisting  of  twenty 
persons,  of  goad  standing,  who  shall  be  citizens  of  Balti- 
timore,  shall  be  appointed  by  the  Mayor  and  City  Council  of 
Baltimore,  as  other  city  officers  are  appointed — one  to  be 
taken  from  each  ward  of  the  city — who  shall  annually  ap- 
point a  president  from  their  own  body,  and  who  are  hereby 
constituted  a  board  for  the  receipt,  safe  keeping  and  invest- 
ment of  the  funds  and  proceeds  of  sale  which  shall  be  re- 
ceived from  the  agents  of  the  city  of  Baltimore,  according 
to  the  fourth  clause  of  the  second  section  of  this  ordinance. 
The  said  board  shall  be  styled  "The  Board  of  Trustees  of 
the  McDonogh  Educational  Fund  and  Institute/'  the  income 


604  McDoNOGH  Educational  Fund  and  Institute. 


Article  XXXIV. — Ordinances. 


of  which  fund  shall  be  forever  sacredly  devoted  to  the  pur- 
poses of  education. 

Ibid,  8. 5.  That  the  members  of  this  board  shall  be  appointed  to  serve 

Board  of  trus-    for  six  vcars  ;  provided,  however,  that  of  the  members  of  the 

tfps,  term  of 

office.  board  first  appointed  under  the  provisions  of  this  ordinance, 

one-half,  to  be  designated  by  the  Mayor,  shall  be  appointed 
for  but  three  years,  so  that  the  term  of  one-half  of  the  mem- 
bers of  the  board  shall  expire  alternately  every  three  years  ; 
but  the  members  of  the  board  of  trustees  may  be  removed  at 
any  time  by  the  Maynr  and  City  Council  of  Baltimore  for 
inal-administration  of  their  official  duties;  and  on  such  re- 
moval, or  on  the  death,  resignation  or  removal  from  the  city 

vacancie.s,  how  of  Baltimore  of  said  trustees,  or  of  any  of  them,  the  Mayor 
shall  proceed  at  once  to  the  appointment  of  the  successor  or 
successors  to  such  removed,  deceased  or  resigned  trustee  or 
trustees. 


tilled. 


Ibid,  s.  6.  That  it  shall  be  the  duty  of  the  trustees  of  the  McDonogh 

Institute  to  be    Educational  Fund  and  Institute  to  establish  within  the  cot- 

established.  t       •  r-      i  •  /•   t-.    i    • 

porate  limits  of  the  city  oi  Baltimore,  or  adjacent  thereto, 
an  institution  for  the  maintenance  and  education  of  poor  boys, 
to  be  styled  the  '  McDonogh  Institute,"  said  institute  to  be 
under  the  control  and  direction  of  said  board  of  trustees. 

Ibid,  s.  7.  No.        That  the  proceeds  of  all  sales  of  property,  or  rents  of  prop- 

38,  May  16, '60.  .,      ,  ,      ,i    i         t  ^       r  ■  .         n 

Funds,  how       erty,  until  the  same  shall  be  disposed  ot,  growing  out  oi,  or 

invested.  .  ..  .  iir«jiiTi 

in  any  way  appertaining  to  the  estate  ot  the  late  John 
McDonogh,  shall  be  invested  in  the  public  securities  of  the 
city  of  Baltimore,  for  the  purposes  of  this  trust,  and  on  no 
condition  shall  any  part  of  the  principal  of  the  same  be  dis- 
posed of  or  alienated  for  any  purpose  whatever. 

Ibid,  s.  8.  That  said  institute  shall   be  free  from  all  sectarian  in- 

Institute  to  be      ^ 

free  from  sec-      nUCnCe. 

tarian  influence 


McDoNOGH  Educational  Fund  and  Institute.  606 

Article  XXXIV.— Ordinances. 

That  wlienever  the  funds  arising  from  the  proceeds  of  the  iwd,  s.  9. 
sales  of  the  property  now  held  by  the  city  of  Baltimore  in  Trustees  to  pro- 

1-iiTTA  1  iii'i'-i  /•  cure  a  site  lor 

the  McDouogh  estate  shall,  in  the  mdgment  01  the  trustees  the  erection  oi 

°  ^    '  JO  the  buildings. 

of  the  McDonogh  Educational  Fund  and  Institute,  be  suffi- 
cient, they  shall  proceed  to  procure  a  site  for  the  erection  of 
buildings  suitable  to  the  objects  and  purposes  of  said  trust, 
making  such  provision  as  shall  accord  with  the  character 
and  probable  magnitude  of  the  bequest. 

That  tlie  intention  of  the  Mayor  and  City  Council  being  toibid,  s.  10. 
preserve  intact  the  principal   of  the  legacy  of  tiie  said  John  Trustees  not 

'  r.  limited  as  to 

McDonogh  to  an  extent  of  five   hundred   thousand   dollars,  ?'">'*»'! '"^'^"»•- 

'^  '  lag  a  site. 

should  ao  much  be  realized,  in  order  that  the  same  may  stand 
aa  a  perpetual  memorial  of  the  noble  legacy  beqneathed  to  the 
city  of  Baltimore,  said  board  of  trustees  shall  not  be  limited 
as  to  time  in  the  securing  of  a  site  and  erection  of  suitable 
buildings,  but  shall  ap])ropriate  only  the  accruing  interest  upon 
said  fund,  unless  the  same  shall  exceed  five  hundred  thou- 
sand dollars,  when  the  surplus,  or  such  part  thereof  as  may  be 
necessary,  may  be  appropriated  towards  said  object. 

That  the  architectural  design  of  said  buildings  shall  be  plain  ibid,  s.  11. 
arid  substantial,  and  constructed  with  the  strictest  eye  to  use  siyioor  buiid- 

ii.fjs. 

and  economy. 

That  said  institute,  in  its  educational  plan,  shall  comprise  aibid.s.  li. 
preparatory  and  collegiate  department,  and  no  boy  sliall  be  re-  Educational 

1   •  .  1    .         .  11  0.1  plan. 

ceived  in  said  institute  under  the  age  of  eight  years. 

That  all  appointments  to  said  institute  shall  be  made  by  the  iwd,  s.  13. 
board  of  trustees,  and  that  every  ward  of  the  city  of  Baltimore  Appointments 

.to  Institute  to 

shall  be  entitled  to  an  equal  share  in  the  benefits  of  said  insti-  be  made  by 

■*  trustees. 

tute ;  provided,  that  should  the  quota  of  pupils  to  which  any  proviso. 
ward   is  entitled  not  be  filled,  by  want  of  suitable  applicants 
from  said  ward,  for  the  space  of  three  months,  then  the  board 
of  trustees  may  fill  the  said  vacancy  or  vacancies  by  the  ap- 
pointment of  applicants  from  the  city  at  large.  . 


606  McDoNOGH  Educational  Fund  and  Institute. 

Article  XXXIV.— Ordinances. 

ibid.s.  u  TImt  all   boys  received  into  said  institute  shall,  from  and 

Boys  to  be        after  the  period  of  entrance,  be  supported  and  maintained  at 

maintained  at  ' 

cost  of  the  In-    the  cxclusive  cost  of  said  institute. 

stiiute. 

Ibid,  s.  15.  That  said  trustees  shall  have  power  to  adopt  and  establish 

Trustees  to       all  uccdful  plaus  and  regulations  connected  with  the  establish- 

establish  regu- 

lations.  ment  and  working  of  said  institute  for  the  maintenance  and 

education  of  poor  boys,  not  inconsistent  with  the  general  pro- 
visions of  this  ordinance,  and  to  do  such  other  acts  as  may  be 
necessary  to  bring  the  same  into  practical  operation,  at  such 
time  as  may  be  found  convenient  and  advantageous  to  the 
interests  of  the  city. 

Ibid,  s.  16,  No.       That  no  trustee  appointed  under  this  ordinance  shall  be  in 

55,  July  14, 'GO.  rl 

Trustees  not  to  any  manner  connected  with  or  concerned  in  any  contract  for 

be  concerned  in 

contract  lor       the  buildiug  or  maintenance  of  said  institute:   nor  shall  any 

building,  &c,  "  '  *' 

member  of  the  board,  either  directly  or  indirectly,  receive  any 
compensation  for  his  services. 

No.  65,  July  23,  Ordinance  No.  65,  approved  July  23, 1860,  enacted,  that  the 
McDonogh  reports,  documents,  financial  accounts  and  other  effects  of  the 
agents  of  the  city  of  Baltimore  for  the  receipt,  administration, 
sale  and  liquidation  of  Baltimore  city's  interest  in  the  estate  of 
the  late  John  McDonogh,  of  Louisiana,  deceased,  be  referred 
to  the  Mayor  of  the  City  of  Baltimore,  the  two  presidents  of 
the  City  Qouncil  of  Baltimore,  and  the  president  of  the  board 
of  trustees  of  the  McDonogh  Educational  Fund  and  Institute, 
created  by  virtue  of  an  ordinance  approved  May  28,  1868, 
being  ordinance  No.  26;  the  said  Mayor,  presidents  of  the 
City  Council,  and  president  of  the  board  of  trustees  of  the 
McDonogh  Educational  Fund  and  Institute,  being  hereby  fully 
empowered  to  examine  the  same,  and  if  found  reasonable,  cor- 
rect and  proper,  to  allow  the  same,  and  to  give  full  and  final 
receipts  for  the  Mayor  and  City  Council  of  Baltimore  to  said 
agents  in  liquidation  of  their  accounts,  in  conformity  with  the 
aforesaid  ordinance  No.  26,  of  the  session  of  1858. 


Fund. 


McDoNOGH  Educational  Fund  and  Institute.  607 

Article  XXXIV.— Ordinances. 
Ordinance  No.  1,  approved  Nov.  30,  1860,  enacted,  that  the  no.i,  Nov.  so, 

'60. 

agents  of  the  city  of  Baltimore  for  the  receipt,  administration,  contract  with 

counsel. 

sale  and  liquidation  of  the  estate  of  the  late  John  McDonogh, 
are  hcrehy  authorized  to  enter  into  a  contract  with  coun- 
sel, learned  in  the  law,  for  the  prosecution  of  the  city  of 
Baltimore's  right  and  claims  under  the  will  of  said  McDonogh 
in  227,853  acres  of  lan^  in  the  Florida  parishes  of  Louisiana  ;  Land  in  Fioria* 

•1        ,.  ,  .    .  i>        •  1       •    1  11.  1  1  parishes  of 

and  after  the  recognition  ot  said  right  and  claims,  by  actual  Louisiana, 
confirmation,  or  satisfaction  for  said  right  and  claims  in  such 
other  form  or  manner  as  Congress  may  enact,  the  said  agents 
are  hereby  authorized  to  sell  the  said  confirmed  lands,  or  to 
dispose  of  whatever  may  be  received  as  satisfaction  of  said 
rights  and  claims,  and  to  pay  one-half  of  the  proceeds,  after  one-hair  of 
such  sale  or  disposition,  to  the  counsel  employed  to  prosecute  comfsei' 
said  rights  and  claims  to  a  final  decision  ;  provided  always.  Proviso, 
that  said  counsel  shall,  in  his  agreement  with  said  agents,  bind 
himself  to  hold  and  save  the  city  of  Baltimore,  as  well  as  said 
agents  and  the  interest  of  the  city  of  Baltimore,  in  any  of  the 
property  and  estate  of  the  late  John  McDonogh,  free  from  all 
demands,  costs,  charges,  expenses  and  outlay  for  the  prosecu- 
tion of  said  rights  and  claims  incurred  either  in  prosecuting  the 
same  before  the  Congress  of  the  United  States  or  any  depart- 
ment or  officer  of  the  government,  or  in  any  court,  or  in  any 
manner,  place  or  form  whatsoever,  except  the  one-half  of  the 
ultimate  proceeds  aforesaid,  as  full  contingent  compensation,  it 
being  the  distinct  understanding  that  no  compensation  shall  be 
paid  except  on  ultimate  success,  and  that  in  no  event,  whether 
successful  or  not,  shall  the  city  of  Baltimore  be  liable  for  any  city  not  Uabie 

for  costs. 

expenses,  costs, charges  or  outlay,  nor  shall  any  expenses, costs, 
charges  or  outlay  be  deducted  from  the  proceeds  of  said  lands, 
or  what  may  be  recovered  in  satisfaction  of  said  claims,  but 
the  said  counsel  shall  pay  the  same. 

Ordinance  No.  94,  approved  October  2^,  1864,  entitled  "An  no.  94,  oct.  2-2, 
ordinance  to  appoint  an  agent  for  the  McDonogh  bequest," 


608 


McDoNOGH  Educational  Fund  and  Institute. 


Article  XXXIV.— Ordinances. 


Bond  fifty  thou 
sand  dollars. 


Agent  of  enacted  that  Jolm  W,  Randolph  is  appointed  aerent  of  the  city 

McDouogh  ,  ,  r  rr  &  j 

Fund.  of  Baltimore  for  the  liquidation   of  the  estate  of  John  Mc- 

Donogh,  to  which  said  city  is  entitled,  and  which  remains  as 
yet  unliquidated  and  unadministered,  and  all  vacancies  to  be 
filled  by  the  Mayor  and  City  Council  as  other  city  officers  are 
appointed,  but  before  entering  upon  his  duties  the  said  agent 
shall  execute  to  the  Mayor  and  City  Council  of  Baltimore  a 
good  and  sufficient  bond,  with  sureties  to  be  approved  by  the 
Mayor,  Register  and  Comptroller,  in  the  penal  sum  of  fifty 
thousand  dollars,  conditioned  for  the  faithful  discharge  of  the 
trust  hereby  reposed  in  him,  and  for  the  prompt  payment  and 
delivery  over  to  the  board  of  trustees  of  the  McDonogh  Edu- 
cational Fund  and  Institute  as  soon  as  the  funds  may  be  re- 
ceived by  him;  and  the  said  agenthereby  appointed  is  directed 
and  fully  empowered  to  receive  from  the  late  agents  of  the  city 
of  Baltimore,  Messrs.  Brantz  Mayer  and  William  S.  Peterkin, 
whatever  funds,  securities,  books,  accounts,  papers  and  other 
efiects  may  be  in  their  hands  belonging  to  the  city  of  Baltimore. 
To  give  the  said  agents  a  sufficient  receipt  and  acquittance. 
The  said  agent  shall  proceed  to  liquidate  and  settle,  receive 
and  collect,  and  pay  over  as  aforesaid,  all  that  remains  unsettled 
and  uncollected  of  the  portion  of  said  McDonogh's  estate  be- 
longing to  the  city  of  Baltimore,  and  shall  have  power  to  sell 
personal  and  real  estate,  bring  suits,  or  institute  and  prosecute 
all  such  proceedings  as  may  be  deemed  expedient  for  the  pur- 
pose of  executing  the  trust  hereby  reposed  in  him. 


Receipt  of 
funds,  securi- 
ties, &c. 


Acquittance. 


Suits  and  pro- 
ceedings. 


Ibid,  s.  2.  That  the  said  agent  shall  provide  suitable  books  of  accounts. 

Statement.  and  make  a  written  statement  in  January  and  July  in  each 
year  to  the  Comptroller  of  the  City  and  to  the  board  of  trustees 
of  the  McDonogh  Educational  Fund  and  Institute,  and  annu- 
ally, in  the  month  of  January,  to  the  Mayor  and  City  Council 
of  Baltimore,  showing  the  condition  of  the  McDonogh  fund  in 
Compensation,  every  particular.  And  the  said  agent  shall  receive  as  a  com- 
pensation for  his  services  the  sum  of  fifteen  hundred  dollars 


McDoNOGH  Educational  Fund  and  Institute.  609 

Article  XXXIV.— Ordinances. 

per  animra,  incluiling  all  charges  or  expenses  incurred  by  him 
in  executing  the  duties  of  this  agency  ;  provided,  that  in  case  Proviso, 
of  actual  expense  incurred  by  a  trip  to  New  Orleans,  the  board 
of  trustees  of  the  McDonogh  Educational  Fund  and  Institute 
may,  in  their  discretion,  allow  him  a  sum  sufficient  to  defray 
the  expense  actually  incurred,  provided  the  same  shall  not  at 
any  time  exceed  the  sum  of  four  hundred  dollars. 

That  the  powers  vested  in  Brantz  Mayer,  Wm.  S.  Peterkin  ibid,  s.  3. 
and  Thomas  L.  Emory  by  the  ordinance  of  1858,  No.  26,  May  powers  to 
28,  are  hereby  revoked  and  annulled,  and  that  all  unsettled  revoked, 
business  still  remaining  in  their  hands  as  agents  in  the  premises 
shall  pass  to  and  be  vested  in  said  agent,  under  and  by  virtue 
of  the  powers  hereby  conferred  upon  him. 

By  resolution  No.  13,    approved  February  13,  1855,  the  Res.  no.  13, 
agents  of  the  McDonogh  estate  appointed  on  the  part  of  the  Fifth  District 

.,-,,.  .  .1  -11         •     1        1  T    1        Court,  New 

city  ot  Baltimore  in  pursuance  01  the  will  ot  the  late  John  orieaus. 
McDonogh,  were  authorized,  if  in  their  judgment  it  should 
appear  advisable,  to  apply  to  the  fifth  district  court  of  New 
Orleans,  as  representatives  of  the  city  of  Baltimore  and  its 
authorities,  under  the  provisions  of  said  will,  and  to  do  ail 
things  that  might  be  necessary  under  the  laws  of  Louisiana; 
to  appear  for  and  represent  this  city  and  its  authorities  in  any 
action  or  actions,  petition  or  petitions,  that  might  then  or  there- 
after be  pending  before  said  fifth  district  court,  or  any  other 
tribunal  of  said  State. 

By  resolution   No.  59,  approved  May  11,  1858,  the  Mayor  Res  no,  59, 

,  ,     1 .  .  May  11,  '68. 

was  authorr/ed  and  directed  to  enter  into  such  arrangements  claims  ot 
as  had  already  been  made  by  the  city  authorities  of  New  Or- 
leans for  the  prosecution  of  the  claims  of  the  estate  of  the  late 
John  McDonogh,  founded  upon  Spanish,  French  and  other 
grants,  which  had  been  declared  invalid  by  the  Supreme  Court 
of  the  United  States,  and  which  required  a  special  act  of  Con- 
y-ress  for  confirmation. 


610  McDoNOGp  Educational  Fund  and  Institute. 

Article  XXXIV. — Ordinances. 

ges.  No.  155,         By  resolution  No.  155,  approved  October  15, 1858,  the  agents 
Heirs  of  Ham-  of  the  citv  of  Baltimore  for  the  administration  and  sale  of  the 

mett.  '' 

late  John  McDonogh's  estate  belonging  to  the  city  of  Balti- 
more, were  authorized  and  directed  to  pay  out  of  the  city  of 
Baltimore's  share  of  the  McDonogh's  estate,  to  the  City  Re- 
gister for  the  use  of  the  heirs  of  Jane  Hammett,  or  their  law- 
ful representatives,  the  sum  of  three  thousand  dollars,  being 
one-half  of  the  amount  bequeathed  to  the  said  Jane  Hammett 
by  the  will  of  the  said  John  McDonogh,  deceased,  and  which 
became  lapsed  to  the  city  of  Baltimore.  And  that  the  Re- 
gister of  the  City,  upon  the  receipt  by  him  of  the  said  sum 
of  three  thousand  dollars  from  the  agents  aforesaid,  should  pay 
the  said  sum  to  the  heirs  and  representatives  only  of  the  said 
Jane  Hammett,  in  proportion  to  their  respective  representa- 
tive interests  as  children  or  grand  children  of  the  late  Jane 
Hammett,  and  no  other  person  or  persons. 

Res.  No.  II,  By  resolution  No.  11,  approved   February  7,  1868,  it  was 

Heirs  of  Daniel,  resolved  that  the  comnmuication  of  the  City  Counselor  upon 
the  matter  of  the  letter  of  Semmes  and  Mott,  in  relation  to 
the  claim  of  the  heirs  of  Daniel,  for  one-half  of  the  interest 
of  the  city  of  Baltimore  in  the  tract  of  land  in  or  near  the 
city  of  New  Orleans,  be  communicated  to  the  agent  of  the 
McDonogh  bequest,  requesting  him  to  inform  Messrs.  Semmes 
and  Mott  that  the  city  of  Baltimore  contest  the  claim  of  said 
heirs,  and  requesting  the  counsel  of  the  city  of  Baltimore  in 
New  Orleans  to  resist  said  claim. 

Resolutions  enacted  since  ordinance  No.  68,  July  10,  1868, 
are  as  follows  : — Resolution  No.  118,  approved  March  18, 
1874,  recited,  that  the  cities  of  New  Orleans  and  Baltimore 
had  obtained  in  the  Supreme  Court  of  the  United  States  a 
judgment  for  104,146  acres  of  land,  to  be  provided  in  certifi- 
cates of  location,  as  per  section  6,  of  Act  of  June  22,  1860, 
and  further  decreeing  that  said  cities  receive  patents  from  the 
United  States  for  9,187  acres,  described  in  said  judgment;  and 


McDoNOGH  Educational  Fund  and  Institute.  611 

Article  XXXIV.— Ordinances. 

that  the  General  Land  OflSce  proposes  to  make  the  scrip  not 
assignable,  and  to  issue  only  one  patent  for  the  whole  claim, 
and  that  in  the  name  of  the  original  patentee,  and  that  the 
scrip  thus  issued  would  be  of  little  or  no  value,  and  would 
frustrate  the  intention  of  the  law  ;  and  that  the  Trustees  of 
the  McDonogh  Institute  of  Baltimore,  had  organized  the  school 
farm  near  the  city  of  Baltimore,  agreeably  to  the  purpose  and 
intent  of  the  late  John  McDonogh,  and  had  received  within 
the  same  50  poor  boys  of  the  city  of  Baltimore,  who  are  now 
being  educated,  clothed  and  maintained,  absolutely  free  of 
cost  through  this  liberal  bequest ;  and  that  it  was  highly  de- 
sirable that  the  blessings  of  this  charity  should  be  extended  to 
the  largest  number  of  the  poor  boys  of  the  city  of  Baltimore, 
and  to  tins  end  it  was  eminently  proper,  just  and  right,  that 
all  properties  belonging  to  the  said  McDonogh  fund  should  be 
made  available,  and  especially  so  where  the  right  to  the  same 
has  been  determined  by  decision  of  the  Supreme  Court  of  the 
United  States;  it  then  enacted  that  the  Senators  and  Re- 
presentatives in  Congress  from  Maryland  be  requested  to  urge 
the  passage  by  Congress  of  an  Act  known  as  House  Bill  No. 
829,  directing  the  scrip  to  be  issued  in  the  name  of  the  claim- 
ants in  80  acre  lots,  and  to  pass  by  delivery,  and  that  a  patent 
be  issued  to  each  locator,  in  his  own  name ;  and  that  the 
Mayor  be  requested  to  transmit  to  each  of  said  Senators  and 
Representatives  a  duly  certified  copy  of  the  above  preamble 
find  resolution. 

Resolution  No.  377,  June  26,  1875,  recited,  that  at  the 
October  term,  1873,  a  decree  was  rendered  by  the  United 
States  Supreme  Court,  awarding  to  the  cities  of  Baltimore  and 
New  Orleans  jointly,  United  States  certificates  of  location  or 
scrip  for  104,146  acres  of  public  land ;  and  that  the  United 
States  General  Land  Oflice  issued  to  said  parties  on  April  14, 
1875,  625  certificates  of  location  for  the  amount  called  for  by 
the  aforesaid  decree,  in   sub-divisions  of  643,  2,160,   80  and 


I 


612  McDonogh^Educational  Fund  and  Institute. 

Article  XXXIV. — Ordinances. 

40  acres,  and  one  of  OG  acres;  therefore,  H.  Clay  Dallam,  of 
tiie  city  of  Baltimore,  was  appointed  tlie  agent  of  said  city 
to  assign,  transfer  and  sell  all  of  the  interest  of  said  city,  in 
and  to  the  above  described  certificates  of  location  ;  and  the 
said  Dallam,  was  further  authorized  to  execute  and  deliver  in 
the  name  and  on  behalf  of  the  city  of  Baltimore,  any  instru- 
ment that  might  be  deemed  necessary  or  ])roper,  to  give  any 
purchaser  of  said  certificates  of  location  a  full  and  complete 
title  to  the  lands  that  might  be  located  therewith,  and  to  the 
patents  that  might  be  issued  for  said  lands  by  the  United 
States  (Tovernment. 

Will. — By  the  will  of  John  McDonogh,  the  bulk  of  his  estate  was  devised 
and  bequeathed  to  the  Mayor,  aldermen  and  inhabitants  of  New  Orleans,  his 
adopted  city,  and  the  Mayor,  akhirmen  and  inhabitants  of  Baltimore, 
his  native  city,  and  their  successors  forever,  in  equal  proportions  of  one-lialf 
to  each  of  said  cities,  for  purposes  of  public  utility  specified  in  said  will,  and 
especially  for  the  establishment  and  support  of  free  schools  in  said  cities  and 
their  suburbs,  wherein  the  poor  and  the  poor  alone,  of  both  sexes,  of  all 
classes  and  colors,  shall  have  admittance  free  of  expense,  for  the  purpose  of 
being  instructed  in  the  knowledge  of  the  Lord,  and  in  reading,  writing, 
arithmetic,  history,  geography,  singing,  &c.  This  is  the  principal  object  of 
the  testator's  bounty.  He  also  provided  especially  for  a  School  Farm  near  the 
city  of  Baltimore.  See  McDonogh'st  Ex  rs.  v.  Murdoch  et.  al.  15  How.  U.  S. 
Supreme  Court  Reports,  368- 

Litigation  op  the  McDonogii  estate. — John  McDonogh  died  27th 
October,  1850.  His  will,  which  was  entirely  in  his  own  handwriting,  was 
opened  and  proved  in  the  5th  District  Court  of  New  Orleans,  La.,  October 
29th,  1850. 

Of  his  numerous  testamentary  executors.  Christian  Roselius,  A.  D.  Cross- 
man,  Wm.  E.  Leverich  and  F.  B.  D'Aquin,  of  New  Orleans ;  Benjamin  C. 
Howard,  John  Spear  Smith,  Brantz  Mayer  and  William  Gibson,  of  Balti- 
more; and  R.  R.  Gurley,  of  Washington,  qualified  in  December  1850,  ac- 
cording to  the  laws  of  Louisiana.  Messrs.  Howard,  Mayer,  Gibson  and 
Gurley,  however,  after  qualifying,  did  not  remain  in  Louisiana,  and  the 
point  being  raised  by  some  of  the  other  executors, — (though  they  had  not 
notified  these  gentlemen  of  their  intention,) — it  was  decided  by  the  court 
that  they  were  excluded  and  could  not  act.  The  administration  of  the  will, 
accordingly,  fell  on  Messrs.  Roselius,  Crossman,  Leverich,  D'Aquin  and 
Smith,  until  they  handed  the  estate  over  to  the  representatives  of  New  Or- 
leans and  Baltimore,  in  1855,  after  the  preliminary  litigation  whs  finally 
concluded  as  to  the  validity  of  the  will  and  the  title  of  the  property. 


MoDoNOGH  Educational  Fund  and. Institute.  613 

Article  XXXIV.— Ordinances. 

Tliis  litigiition  bogan  alnu^st  instantly  after  the  death  of  the  testator,  and 
it  may  be  briefly  summed  up  as  follows :  , 

1.  The  objection  of  a  creditor. 

2.  A  sequestration  of  the  whole   estate  in  the  hands  of  the  Sheriff  of 

New  Orleans,  to  await  the  decision  of  the  suit  of  the  States  of  Louis- 
iana and  Maryland  against  the  succession  of  McDonogh, — by  wliich 
it  was  alleged  that  the  legacies  to  New  Orleans  and  Baltimore  were 
null  and  void,  and  that  the  States  were  entitled  to  the  property,  in 
conformity  to  law  and  the  intentions  of  the  testator.  This  suit  was 
decided  aydinnt  the  claim  of  the  States. 

3.  A  suit  brought  hy  Mary  Murdock  and  others,  heirs  of  John  McDonogh, 

in  Equity,  in  the  Circuit  Court  of  the  U.  S.  for  the  Eastern  District  of 
Lfjuisiana,  against  tlie  Executors  of  John  McDonogh  and  others, 
alleging  tlie  nullity  of  the  will  and  claiming  the  estate  of  the  deceased 
rt»  ludrs.  This  case  was  finally  decided  by  the  Supreme  Court  of  the 
U.  S.  on  appeal,  at  December  term,  1853, — and  the  bequests  to  the 
cities  of  New  Orleans  and  Baltimore,  &c.  sustained.  See  15  How. 
U.  S.  Supreme  Court  Reports,  367. 

4.  A  suit  of  the  heirs  of  Spencer  against  the  succession,  for  a  claim  against 

Mr.  McDonogh,  which  resulted  adversely  to  the  estate  in  a  judgment 
t&c,  amounting  \f)  $17,961.31,  which  was  paid  in  full. 

5.  A  suit  of.  Sarah  Greenwood  and  others,  for  a  claim  against  Mr.  McDon- 

ogh ;  decided  in  favor  of  the  estate  by  the  Supreme  Court  of  Louisiana, 
on  an  appeal. 

6.  A  suit  of  F.  J.  Durant  in  favor  of  absent  heirs,  of  which  he  had  been 

appointed  curator,  and  which,  it  is  believed,  was  not  prosecuted  to 
any  result. 

7.  A  suit  of  Messrs.  Howard  and  Mayer  for  a  share  of  the  commissions 

as  executors,  claimed  by  them,  which  resulted  in  their  favor,  and  was 
paid  by  the  city's  representatives.    See  Res.  Sept.  29,  '54. 

8.  A  suit  of  New  Orleans,  the  American  Colonization  Society,  and  the 

Society  for  the  Relief  of  Destitute  Orphans,  against  Baltimore  for  the 
partition  of  the  Estate  of  John  McDonogh.  Partition  between  the 
cities  granted,  ordered,  made  and  confirmed. 

9.  A  suit  of  the  American  Colonization  Society  and  the  Society  for  the 

Relief  of  Destitute  Orphan  Boys,  against  the  estate,  for  their  dis- 
tributive share  and  ascertainment  of  its  money  value.  The  court 
awarded  to  each  society  $84,330.27 ;  and  by  another  award  of  arbi- 
trators in  1859,  each  society  also  received  $3,273.90  for  annuities  due 
to  it  until  the  time  of  actual  payment  of  the  judgment. 

10.  A  suit  of  Francis  Pena  against  New  Orleans  and  Baltimore,  for  a  claim 
of  $100,000  on  a  will  of  Mr.  McDonogh  in  his  favor  for  that  sum, 
written  on  a  small  slip  of  paper,  and  produced,  for  the  first  time. 


614  McDoKOGH  Edccaxioital  Fujtd  AST)  IirsTrruTE. 


Article  X.\.\l\  . — Ordinances. 


seyeral  years  after  the  probate  of  the  original  will  derising  his  estate 
to  the  cities  This  singular  and  last  produced  will  was  sustained  bj 
the  Supreme  Court  of  Timrisiana ;  and  the  10O/X)O,  with  the  interest 
allowed,  paid  in  fall  in  1859- 

11.  A  suit  of  New  Orleans  t*.  Baltimore,  for  |dO,000  as  an  equal  diaie  of 

the  fees  paid  by  New  Orleans  to  counsel  employed  by  that  city  on  its 
own  terms,  to  defend  the  interests  of  the  cities  under  the  will,  soon 
after  its  probate,  and  immediately  on  the  commencement  of  litigatioQ. 
This  was  decided  against  Baltimore ;  the  judgment  being  for  #37,500- 

12.  A  suit  of  Moees  Foi  against  New  Orleans  and  Baltimore,  claiming 

$300,000,  under  another  alleged  will  of  Mr.  McDonogfa,  in  his  fevor. 
This  suit  was  finally  decided  by  the  Supreme  CJourt  of  Loo^iana  in 
favor  of  the  City  of  Baltimore  in  1872. 

AD3fI>ISTRATI05    OP   THE    McDoSOGH    EsTATE,   C^TDEK  THE   WeLL,  BY 

IHK  Agkhts  of  Baltimore  before  pabtttios — asd  st:"bsequest  s»t.f. 

A5D  UqUIDATIOS   BY  THEM    OF  BALTIMORE'S    SHARE. — The  aCCOUntS  and 

returns  of  the  agents  appointed  under  the  ordinances  of  1854,  ( p.  596,  &c-, 
ante,)  and  of  1858,  ( p.  599,  &C-,  ante,)  which  latter  ordinance  was  drawn  by 
Mr.  Brantz  Mayer,  will  be  found  among  the  Reports  of  the  Mayor  and  City 
Council  of  the  following  dates: 

9th  May,  1855.  24th  Jannary,  1856.  2d  February,  18ff7.  33d  May,  1857- 
Mardi  30, 1858.  May  30, 1859.  24th  April,  1860.  May  7, 1860.  4th  Fefa- 
niary  1861.    12th  April,  1861,  and  22d  April,  1861. 

These  documents  show  the  cotnplete  administration  of  the  estate,  so  ^  as 
the  interest  and  share  of  Baltimore  were  concerned,  by  Messrs."  Brantz 
Mayer,  William  3.  Peterkin  and  Thomas  L.  Emory,  until  the  oatbreak  of 
tbe  war.  From  1850  to  1855 — the  testamentary  executors  managed  the 
property.  In  the  spring  of  18S5  they  handed  over  to  a  joint  administration, 
constituted  by  city  oniinances  of  New  Orleans  and  Baltimore,  to  agents  of 
Baltimoce  and  commissioners  of  New  Orteans,  Yiz:  in  property,  (real 
dtate  fUJBMfnAM,  in  cash  $59,112.53;  in  chattel  property  $16,762,  ex- 
duaht  ef  ilaiee»,  wftieA  are  not  eaiued  a*  property,  and  of  whom  there  were 
81  in  all ;  inasmuch  as  all  Mr.  McDonogh's  slaves  were  to  be  freed  and  sent 
to  AMca  in  15  years  from  his  death.  In  nfperate  ddilB  and  biBs  leoetvable 
I6SJ961.83.  Making  the  total  valuatu^n  of  the  fttate  bdbug^  to  New 
Orleans  and  Baltiaiore,  and  then  transferred  as  foUows : 

Inrealotate $2J086^74  58 

Incash  -        5©412  53 

In  chattel  property 16,762  00 

In  speratd  debts  and  bills  receivable 66,951  83 

$2,239,700  »i 
These  valuations  were  made'generally  aeeontiitg  t»  tke  MighuU  vnentcry  of 
Mr.  McDonoch's  estate  at  his  death,  1850-'51. 


McDoNOGH  Educational  Fund  and  Institute.  615 

Article  XXXIV.— Ordinances. 

This  resume,  it  will  be  seen,  gives  a  larger  amount  than  that  stated  by  the 
agents  of  Baltimore  in  their  first  report  from  New  Orleans  of  May  9, 1855 ; 
for  the  properties  in  St.  James'  Parish,  valued  at  $303,000,  and  in  St.  Charles' 
Parish,  valued  at  $500,  had  not  been  appraised  during  the  administration, 
hy  tlie  executors,  or  returned  in  the  inventory  from  the  court  of  what  was 
transferred  by  these  executors  t(j  the  agents  and  commissioners  of  the  two 
cities.  The  allowance  for  sperate  debts  is  also  increased,  and  the  charge  in 
favor  of  tlic  estate  of  $20,000  thrown  otf  as  the  ten  years'  value  of  tlie  ser- 
vices of  81  negroes  until  tlicy  were  freed.  In  the  estate's  inventory,  1850- 
'51,  at  McDonogh's  death,  the  slave  property  of  the  succession  was  valued 
at  $42,960. 

After  the  partition  of  the  estate,  and  its  sale  in  1859,  the  representatives 
of  the  cities,  in  fullfillment  of  McDonogh's  wishes,  and  without  awaiting  the 
expiration  of  the  15  years,  sent  all  his  slaves  to  Africa,  abundantly  provided 
with  the  necessaries  and  comforts  of  life  in  their  new  home,  as  well  as  with 
the  implements  of  their  trades  and  of  agriculture.  A  vessel  was  chartered 
to  take  them  out.  A  pliysician  was  sent  to  take  care  of  them.  They  were 
put  for  six  months  after  arrival  under  the  care  of  the  agents  in  Africa  of  the 
American  Colonization  Society,  (which  had  received  a  legacy  of  nearly 
$90,000;)  and  finally  found  their  resting  place  at  Carysburg,  in  Liberia. 
Here,  it  is  understood,  they  have  been  thoroughly  established,  and  have  done 
well  and  are  doing  well  in  1878,  twenty  years  afterwards. 

On  the  re-appraiscment  of  tlie  real  estate  bdonging  to  tliis  succession  at  the 
period  of  the  partition  of  it  between  Baltimore  and  New  Orleans  by  the 
experts,  Messrs.  B.  Mayer  and  T.  G.  Hunt,  in  May,  1857,  it  was  found  that 
the  estimated  value  affixed  to  this  Real  Estate  when  the  original  inventory 
was  made,  immediately  after  Mr.  McDonogh's  death,  1850-51,  viz:  of 
$2,086,874.58,  was  greater  than  the  valuation  then  made  by  experienced 
men  in  1857.  The  gross  valuation  in  the  three  districts  of  New  Orleans,  the 
town  of  McDonoghville,  and  in  twelve  parishes  of  the  State  of  Louisiana, 
was  $1,408,880,  of  which  Baltimore's  half,  as  apportioned,  was  $704,440. 
But  there  was  also  some  real  estate  not  then  capable  of  apportionment  be- 
tween the  cities,  but  which  had  to  be  sold  jointly  and  the  proceeds  divided. 
This  joint  and  luulimded  property  was  valued  at  $56,800,  which,  added  to 
the  $1,408,880  of  di»MZe(f  property,  gave  a  total  of  $1,465,680  o/ rea/ estofe. 
This  demonstrated  either  a  decline  of  values  in  landed  property  in  Louis- 
iana, or  an  overestimate  of  $621,194.58,  in  1850-51.  When  Messrs.  Mayer, 
Peterkin  and  Emory  closed  their  liquidation  of  Baltimore's  share  two  years 
afterwards,  in  May,  1860,  the  then  gross  sales  on  the  four  years'  credit 
allowed,  exhibited  a  total  of  $918,715.06.  The  appraised  value  of  our 
divided  share  was  $704,440,  and  of  our  undivided  share,  $28,400,  making  a 
sum  of  $733,840,  which,  if  deducted  from  $918,715.06,  left  a-balahceof 
$185,875.06  towards  paying  all  the  liabilities  of  Baltimore  on  account  of  this 
estate. 


616  McDoNOGii  Educational  Fund  and  Institute. 


Article  XXXIV.— Ordinances. 


After  this  partition  and  sale  the  war  intervened,  and  the  change  in  the 
character  and  value  of  property  in  Louisiana,  es  pecially  affected  the  unsold 
country,  or  plantation  property  in  the  parishes  of  Iberville,  St.  James, 
&c.  To  January  4th,  1869,  the  finance  committee  of  the  trustees  of  the 
McDonogh  Educational  Fund  and  Institute,  reported  their  investments  and 
cash  from  the  entire  realized  funds  in  their  hands  to  be  $523,740.96.  And 
by  their  report  in  January,  1878,  they  state  the  productive  investments  of 
the  McDonogh  Fund  to  be  $709,815.58,  besides  the  Foxleigh  farm  and  im- 
provements, stock,  furniture  and  implements,  &c.,  certificates  of  location  of 
public  lands,  (amounting  to  26,040  acres,  being  the  net  amount  received  by 
the  trustees  under  resolution  No.  377,  June  26,  1875,  p.  611,  ante,  according 
to  the  contract  M^ith  counsel  under  ordinance  No.  1,  Nov.  80,  1860,  p.  607, 
ante^  and  a  good  deal  of  real  estate  in  Louisiana  still  unsold.  This  result 
has  been  reached  through  the  Trustees'  faithful  devotion  to  the  purposes  of 
their  trust,  and  especially  to  the  efforts  here  and  in  Louisiana  of  Mr. 
H.  Clay  Dallam,  who  has  been  the  secretary  and  agent  of  the  board  since 
1868. 

In  1872,  the  trustees,  finding  themselves  for  the  first  time,  after  the 
decision  of  the  Fox  suit  in  favor  of  the  city,  free  from  serious  litigation  and 
in  possession  of  some  $650,000,  purchased  the  place  in  Baltimore  county 
known  as  Foxleigh,  for  the  location  of  the  School  Farm.  This  farm  contains 
about  835  acres,  well  watered  and  wooded,  lying  on  the  Western  Maryland 
llailroad,  12  miles  from  Baltimore,  in  a  region  remarkable  for  its  healthful- 
ness. 

The  principal  and  other  officers  were  duly  appointed,  and  the  School  was 
opened  November  21st,  1873,  by  the  admission  of  21  pupils.  This  number 
was  gradually  increased,  as  the  accommodations  were  made  ready,  to  50,  by 
February  1st,  1874.  Want  of  room  has  prevented  any  further  increase  of 
numbers  since  that  date.  Applications  have  steadily  increased  from  the  be- 
ginning, and  there  are  at  present  a  large  number  on  the  list.  As  soon  as  the 
proposed  buildings  and  apparatus  are  all  provided  the  School  will  be  filled 
to  its  capacity  of  about  150  pupils.  The  boys  are  received  into  the  School 
between  the  ages  of  10  and  14  years,  and  are  allowed  to  remain  until  they 
are  16;  and  if  they  obtain  a  "prize  scholarship,"  they  are  entitled  to  an 
additional  year.  They  are  clothed,  supported,  and  educated  absolutely  free 
of  all  expense.  Poor  boys,  of  good  character,  bona  fide  residents  of  the  city 
of  Baltimore,  are  alone  eligible  to  the  School. 

Monument  to  McDonogh. — John  McDonogh  was  born  in  Baltimore, 
Dec.  29,  1779.  He  died  in  the  town  of  McDonoghville,  a  small  settlement 
on  property  belonging  to  him  immediately  opposite  the  city  of  New  Orleans, 
and  directly  on  the  river,  on  the  27th  of  October,  1850.  [On  his  tomb  in 
Greenmount  Cemetery,  Baltimore,  the  date  of  his  death  is  erroneously  re- 
corded as  the  26th  October,  1850.]  He  was  buried  in  a  cemetery  belonging 
to  himself  in  the  rear  of  McDonoghville,  in  a  substantial  marble  burial 


MoDoNOGH  Educational  Fund  and  iNfeTiTUXE.  617 

Article  XXXIV.— Ordinances. 

vault,  and  there  his  remains  rested  until  1860,  in  the  spring  of  which  year 
they  were  scut  to  Baltimore  for  final  interment,  as  he  had  requested  in  his 
will,  and  temporarily  deposited  in  the  family  vault  of  Mr.  Brantz  Mayer, 
June  5th,  18G0,  until  a  suitable  tomb  could  be  prepared  in  accordance  with 
the  resolutions  of  tlie  cities  of  New  Orleans  and  Baltimore. 

A  resolution  of  the  Mayor  and  City  Council  of  Baltimore,  No.  89,  ap- 
l)roved  .June  5,  1858,  recites  that,  "  in  the  memoranda  of  instructions  left 
with  his  will  by  the  latc.Jolin  McDonoi^h,  he  desired  that  his  remains  might 
be  deposited  in  a  burial  place  of  the  city  of  Baltimore,  together  with  the  re- 
mains of  his  parents,  and  that  a  suitable  vault  be  erected  for  their  reception: 
and  that  the  wishes  of  the  deceased  in  tliis  respect,  have  not  yet  been  com- 
plied with,  &c;" — and  then  it  enacts,  that  "the  agents  of  said  city  are 
authorized  to  unite  with  the  authorities  or  agents  of  the  city  of  New  Or- 
leans, in  removing  the  remains  of  said  John  McDonogh  to  Baltimore,  and 
in  fulfilling,  as  far  as  practicable,  the  wishes  m  earnestly  expressed  by  him 
in  the  memoranda  aforesaid ;  and  that  should  the  city  of  New  Orleans  de- 
cline uniting  in  the  costs  of  removal  and  erection  of  a  tomb,  but  should  not 
object  to  the  accomplishment  of  Mr.  McDonogh's  desires  l)y  the  city  of 
Baltimore,  then  the  agents  of  Baltimore  areemixjwered  to  perform  the  duty, 
alone,  in  behalf  of  the  city  they  represent;  and  are  authorized  to  expend 
all  necessary  sums  of  money — not  to  exceed  two  thousand  dollars — out  of 
the  city  of  Baltimore's  share  of  the  McDonogh  estate,  for  said  removal  of 
remains,  and  for  the  erection  of  a  suitable  tomb  and  memorial  of  the  de- 
ceased. 

Under  ordinance  No.  56,  July  14, 1860,  and  res<jlutions  No.  140,  Sept.  24, 
'63;  No.  190,  Oct.  9,  '63,  and  No.  26,  Feb.  7,  '67,  a  lot  in  Greenmount  Ceme- 
tery was  donated  for  the  erciction  of  a  tomb  and  monument.  Mr.  McDon- 
ogh's remains  were  deposited,  on  the  1st  of  July,  1864,  in  the  substantial 
vault  built  on  this  lot  for  their  reception,  and  the  stones  above  them  laid 
and  cemented  under  the  personal  supervision  of  Mr.  Mayer.  It  was  not, 
however,  until  1866,  that  the  monument  above  this  vault  was  completed, 
the  statue  erected,  and  the  commemorative  services  performed. 

On  the  sides  of  the  monument  are  the  following  inscriptions  :  "  Sacred  to 
the  memory  of  John  McDonogh,  born  in  this  city  on  the  29th  of  Dec,  1779 ; 
died  in  the  State  of  Louisiana,  on  the  26th  of  Oct.,  1850.  Written  by  liim- 
self:— Here  lies  the  body  of  John  McDonogh,  of  the  city  of  New  Orleans,  in 
the  State  of  Louisiana,  one  of  the  United  States  of  America,  the  son  of  John 
and  Elizabeth  McDonogh,  of  Baltimore,  in  the  State  of  Maryland,  and  also 
one  of  the  United  States  of  America,  awaiting  in  firm  and  full  faitli  the 
resurrection  and  coming  of  his  glorious  Lord,  Redeemer  and  Master  to  judge 
the  world." 

"  Rules  for  my  guidance  in  life,  in  1804 :  Remember  always  that  labor  is 
one  of  the  conditions  of  our  existence.  Time  is  gold,  throw  not  one  minute 
away,  but  place  each  one  to  account.  Do  unto  all  men  as  you  would  be 
done  by.    Never  put  off  till  to-morrow  what  you  can  do  to-day.    Never  bid 


618  McDoNOGH  Educational  Fund  and  Institute. 

Article  XXXIV. — Ordinances. 

another  do  what  you  can  do  5'-ourself.  Never  covet  what  is  not  your  own. 
Never  think  any  matter  so  trivial  as  not  to  deserve  notice.  Never  give  out 
that  which  does  not  first  come  in.  Never  spend  but  to  produce.  Let  the 
greatest  order  regulate  the  transactions  of  your  life.  Study  in  your  course 
of  life  to  do  the  greatest  possible  amount  of  good.  Deprive  yourself  of 
nothing  necessary  to  your  comfort,  but  live  in  an  honorable  simplicity  and 
frugality.  Labor  then  to  the  last  moment  of  your  existence.  Pursue 
strictly  the  above  rules,  and  the  Divine  blessing  and  riches  of  every  kind 
will  flow  upon  you  to  your  heart's  content.  Ikit  first  of  all,  remember  that 
the  chief  and  great  study  of  our  life  should  be  to  tend  by  all  means  in  our 
power  to  the  honor  and  glory  of  our  Divine  Creator.  John  McDonogh, 
New  Orleans,  March  2d,  1804.  The  conclusion  to  which  I  have  arrived  is, 
that  without  temperance  there  is  no  health;  without  virtue  no  order ;  with- 
out religion  no  happiness :  and  that  the  sum  of  our  being  is  to  live  wisely, 
soberly  and  righteously." 

"  Erected  by  the  constituted  authorities  of  the  cities  of  Baltimore  and 
New  Orleans,  in  memory  of  John  McDonogh,  and  as  a  testimonial  of  theiT 
appreciation  of  his  character  and  his  munificent  liberality  for  the  promotion 
of  a  great  public  enterprise — the  education  of  orphans.  Here  repose  his 
remains." 


Markets. 


619 


Article  XXXV. 


ARTICLE  XXXV. 


MARKETS. 


STATUTES. 


1.  Corporation  to  erect  and  regulate 

markets. 

2.  Penalty  for  buying  to  sell  again 

in  market :  proviso. 

3.  How  penalty  enforced :  fines  and 

forfeitures. 

4.  Weight  of  butter:  forfeited  for 

light  weight. 

5.  Clerks  of  markets  may  distrain 

meat  for  rent :  to  collect  fines 
and  forfeitures. 

6.  No  charge  for  selling  in  market 

unless  in  stalls :  proviso. 

7.  Penalty  for  collecting. 

8.  Corporation  may  sell  or    lease 

stalls. 

9.  Corporation  may  buy  or  lease 

land  for  purpose  of  extending 
markets. 


10.  Power  to  condemn  lands,  «&c.: 
proceedings. 

Infants,  lunatics  and  femes  co- 
verts. 

Notice  against  non-residents. 

List  of  jurors. 

Oath  to  jurors. 

15.  Duty  of  jury. 

16.  Inquisition   to   be    returned    to 

clerk  of  court :  confirmation. 

Another  incjuisition. 

Description  of  property :  in- 
terest: title  in  city:  valuation. 

Summoning  jurors. 

Pay  to  jurors  and  sheriff:  costs. 

Corporation  to  levy  and  collect 
costs,  damages,  &c. 


17. 
18. 

19. 

20. 
21. 


ORDINANCES 


CLEUKS. 

1.  Clerks  to  be  appointed  :  duties. 

2.  Further  duties. 

3.  Markets  to  be  swept,  &c. 

4.  Clerks  to  give  bond:    penalties 

and  conditions :  to  render  ac- 
counts . 

5.  Clerk  to  cause  necessary  repairs 

to  be  made :  proviso. 


9. 
10. 


To  distrain  for  rent. 

Police  officers  to  attend  markets 
and  aid  clerks. 

Clerks  to  prevent  idle  or  disor- 
derly persons  from  frequenting 
market  houses :  penalty. 

Duties  of  assistant  clerks. 

Penalty  for  resisting  clerks. 


620 


Markets. 


Articlo  XXXV. 


STALLS  AND   STANDS. 

11.    Notice  on  unrentcd  stalls. 
13.    Clerks  to  fix  rent  of  stalls  not 
enumerated. 

13.  Moveable  stalls,  &c.  to  be  erected : 

penalty  for  injuring  stalls,  &c. 

14.  Clerks  to  collect  ten   cents   for 

numbers  of  stalls. 

15.  Mt)de  of  renting  stalls,  &c.:  re- 

cord to  be  kept  by  Comptroller: 
licenses  for  stalls  transferable : 
rates  of  licenses. 

16.  Clerks  to  make  monthly  reports 

to  Comptroller :  duty  of  Comp- 
troller. 

17.  Renewals  of  licenses  regulated. 

18.  Public  sale  of  stalls. 

19.  Clerks  forbidden  to  rent  places 

to  offenders  against  ordinance: 
persons  having  licenses  not  to 
rent  stalls :  duty  of  clerks. 

20.  Vacant  benches  may  be  occu- 

pied :  proviso. 

21.  The  erection  of  certain  structures 

prohibited:  duly  of  clerks: 
proviso. 

22.  Butchers'  closets  regulated. 

23.  Limits  of  benches  regulated, 

24.  Regulations     for    occui)iers    of 

benches,  &c. 

25.  Fruit  and  vegetable  stands. 

SALES,  &C. 

26.  Meat  not  to  be  sold  except  on 

butchers' stalls:  proviso. 

27.  Sale  of  unsound  meat  prohibited. 

28.  Mode  of  v^^eighing. 

29.  Animals,  &c.  not  to  be  driven  on 

brick  pavements :  killing,  &c. 
in  markets  prohibited. 

30.  Cows  not  to  be  brought  in  mar- 

ket during  market  hours. 

31.  Sale  of  merchandise,  &c.  pro- 

hibited. 

32.  What  females  may  sell  merchan- 

dise in  markets:  amount  of 
stock  in  trade :  proviso. 


33.  Hucksters  to  occupy  only  certain 

parts  of  markets. 

34.  Dealers  in  certain  articles  Irom 

carts,  &c.  to  obtain  licenses: 
proviso. 

35.  Sausages,  &c.  not  to  be  sold  in 

markets  without  license:  pen- 
alty :  duty  of  clerks  of  mar- 
kets :  proviso. 

36.  Dealers  in  meal  and  Hour  to  ob- 

tain licenses:  proviso. 

37.  Sale  of  fresh  meat  regulated. 

38.  Sale  of  wine,  &c.  prohibited. 

39.  Cows,  &c.   not    to    be    sold  in 

streets. 

40.  Taxonsaleof  cows,  Ac:  proviso. 

41.  Unlawful    to    slaughter    calves 

under  four  weeks  old. 

42.  Auctions  prohil^ited  in  markets 

during  market  hours. 

43.  Goods  not  to  be  placed  on  foot- 

ways. 

44.  Public  scales  and  weights  to  be 

taken  care  of:  rent  of  scales. 

WAGONS,  &C. 

45.  Wagons,  &c.,  how  to  be  placed 

in  markets :  proviso. 

46.  Vehicles,  horses,  &c.  in  markets 

regulated :  penalty. 

47.  Streets    not    to   be    obstructed : 

proviso :  bacon  carts  prohibited 
from  passing  through  streets 
on  Sabbath :   penalty. 

48.  Location  of  horses,  vehicles,  &c- 

at  certain  hours  :  penalty. 

49.  Penalty  for  bringing  carts,  &c. 

into  markets. 

50.  Avenues,  &c.  to  be  kept  open. 

LIMITS,  &c. 

51.  Plats  of  markets  to  be  made. 

52.  Water  not  to   be  drawn    from 

Fell's  Point  reservoir  for  ship- 
ping purposes. 

53.  Penalty    for     defacing     market 

houses,  &c. 

54.  Rights  of  property  owners. 

55.  Cooking  in  markets  prohibited. 


Markets. 


G21 


Article  XXXV. 


MAKKET  DAYS  AND  HOURS. 

5G.    Market  days. 

57.  Market  hours. 

SAI.AniES. 

58.  Salaries  of  officers  of  markets. 

BKL-Arn   MARKET. 

59.  Limits  of  Bel -Air  market. 

60.  Bond  of  clerk. 

61.  Kent  of  stalls  and  benches. 

nUOADWAY    MARKET. 

62.  Keeper  of  hall  over  Broadway 

market:  his  duty. 
6.3.    Bond  of  clerk. 

64.  Penalty. 

65.  Defa(;ing,  «fec.  hall :  penalty. 

66.  Position  of  waj^onsaod  vehicles. 

CANTON   MARKET. 

67.  Kents  and  licenses  of  stalls. 

68.  Bond  of  clerk. 

CENTRE   MARKET. 

(!'.).  Limits  of  Centre  market. 

70.  Market  on  Fish  Market  Space. 

71 .  Fresh  fish  :  vegiitahles  and  fruits. 
73.  Licenses  to  conform. 

73.  Encumbran('es  :  fresh  fish. 

74.  Stalls  in  Centre  market  for  sale 

of  cheese,  &c. 

75.  Bond  of  clerk. 

76.  Assistant  clerk. 

77.  Clerk  to  have  streets  near  Fish 

market  washed :  penalty. 

78.  Rent  of  stalls  and  benches. 

79.  Location  for  sale  of  cheese,  salted, 

cured  and  dried  fish  under  di- 
rection of  clerks. 

80.  Meats  and  cooked  provisions. 
8L    Time  and  place  for  the  sale  of 

horses,  &c.  designated :  where 

horses  not  to  be  sold. 
83.    Driving    across    Centre  Market 

Space  at  Lombard  and  Pratt 

streets. 
83.   What  limits  hucksters  to  keep. 


INSTITUTE   MARKET. 

84.  Wagons  outside  Institute  market 

house. 

85.  Keeper  of  market  house  under 

Maryland  Institute:  his  duties. 

86.  Penalty  IVir  violating  provisions 

of  f)rdinance. 

87.  Market  doors :  proviso. 

88.  Defacing,  itc.  Maryland  Institute 

building;  penalty. 

CROSS   STREET   MARKET. 

89.  Limits  of  Cross  street  market. 

90.  Additional  duties  of  clerk. 

91.  Bond  of  clerk. 

92.  Stalls. 

FEI,l/8    POINT    MARKET. 

93.  Limits  of  Fell's  Point  market. 

94.  Stalls  to  be  occupied  every  day 

of  week. 

95.  Regulations. 

96.  Bond  of  clerk. 

97.  Rent  of  stalls  and  benches. 

HANOVER    MARKET. 

98.  Limits  of  Ilanover  market. 

99.  Bond  of  clerk. 

100.  Rent  of  stalls  and  benches. 

101.  What  limits  hucksttsrs  to  keep. 

HOLLTNS   STREET   MARKET. 

103.   Limits  of  Ilollins  street  market. 

103.  Bond  of  clerk. 

104.  Stalls. 

LAFAYETTE   MARKET. 

105.  Bond  of  clerk. 

106.  Powers  and  duties  of  clerk. 

107.  Market  ordinances  and  regula- 

tions. 


108. 


109. 
110. 
111. 
113. 


LEXINGTON   MARKET. 

Limits  of  Lexington  market : 
proviso:  wagons,  &c.:  pen- 
alty. 

Bond  of  clerk. 

Assistant  clerk. 

Rent  of  stalls  and  benches. 

What  limits  hucksters  to  keep : 
meats  and  cooked  provisions. 


622 


Markets. 


Article  XXXV.— Statutes. 


PHOVISIONS  APPLICABLE  TO  BEL-AIU, 
CENTRE,  pell's  POINT,  HANOVER 
AND  LEXINGTON  MARKETS. 

113.  Limits  for  butchers'  stalls  be- 

yond which  impediments  not 
to  be  placed. 

114.  Limits  for  other  stalls. 

115.  Dealers  in  cheese,  salted,  cured 

or  dried  fish  to  occupy  certain 
parts  of  markets. 


RICHMOND  MARKET. 

116.  Limits  of  Richmond  market. 

117.  Bond  of  clerk. 

118.  Rent  of  stalls. 

119.  Rent  of  unoccupied  stalls. 

SALE  OP  STALLS  IN  BEL-AIR,  CANTON, 
CENTRE,  CROSS  STREET,  P  E  L  L '  S 
POINT,  HANOVER,  LAFAYETTE,  LEX- 
INGTON AND  RICHMOND  MARKETS. 

120.  Ratified  and  confirmed:    pro- 

viso :  promises  and  agreements. 


STATUTES . 

1.  The  Mayor  and  City  Council  have  power  to  erect  and 
regulate  markets.  * 

2.  If  any  person  shall  buy,  or  cause  to  be  bought,  any 
Penalty  for  kind  of  Vegetables,  dead  meat,  poultry,  butter,  cheese,  tal- 
again  in  market,  low,  cggs  or  fisli    iu  any  of  the  markets  of  said  city,  or 

within  ten   miles  thereof,  with  an  intent  to  sell  the  same 
again  in  such  markets  or  city,  or  within  two  miles  thereof. 


p.  L.  L.,  art.  4, 
see  631. 
Corporation 
may  erect  and 
regulate  mar- 
kets. 
Ibid,  eec.  632. 


*  As  early  as  1751,  when  there  were  but  twenty -five  houses,  four  of  brick, 
in  Baltimore-town,  a  subscription  was  taken  up  to  erect  a  market  house. 
But  a  lot  was  not  selected  till  1763,  (see  1765,  c.  34,)  when  the  corner  lot  on 
the  north  of  Baltimore  street  and  west  of  Gay  street  was  leased  for  a  market 
at  about  fifty  dollars  per  annum.  In  1784  the  market  house,  erected  on 
above  lot,  was  sold,  and  a  space  intended  originally  for  a  canal  or  dock,  on 
Harrison  street,  was  appropriated  for  the  purpose  of  a  market.  About  the 
same  time,  another  market  house  was  erected  on  the  northwest  corner  of 
Hanover  and  Camden  streets,  and  another  on  Fell's  Point,  (see  1784,  c.  62, 
and  1785,  c.  33,  Bugan  v.  Mayor,  &c.,  5  G.  <fe  J.  357.)  The  Lexington 
market  was  erected  by  the  Western  precincts  in  1803,  (see  1803,  c.  76,)  and 
another  was  provided  for  the  Eastern  precincts  in  1807,  and  erected  in  1819, 
(see  1807,  c.  160,  and  1817,  c.  148.) 

The  city  of  Baltimore  has  authority  "  to  erect  and  regulate  markets,"  and 
"  to  prevent  and  remove  nuisances."  Ordinances  were  passed  in  1853,  (No. 
16,  March  4,  1853,  and  resolution  No.  246,  September  10, 1853,)  to  re-build 
one  of  the  old  Belair  market  houses,  and  to  erect  a  temporary  one  for  the 
use  of  the  public  till  the  new  one  was  completed.  After  the  old  building 
had  been  taken  down  and  the  temporary  one  put  up,  a  hole  was  dug  within 
the  limits  of  the  market  b}'  persons  who  had  no  business  there,  into  which 


Maekets.  623 

Article  XXXV.— Statutes. 


he  shall  for  the  first  offence  forfeit  the  article,  or  the  value 
thereof;  for  the  second  offence  he  shall  forfeit  the  article 
and  be  fined  four  dollars,  and  for  every  other  offence  forfeit 
fifteen  dollars,  to  be  recovered  in  a  summary  way  before  a 
justice  of  the  peace  ;  provided  that  the  purchasing  of  pork.  Proviso, 
beef  and  fish,  by  the  barrel  or  other  package,  butter  in  firk- 
ins, or  other  packages  not  less  than  fifty  pounds,  bacon  or 

the  plaintiff  fell  during  market  hours  and  was  injured.  The  hole  was  about 
twenty  feet  from  a  flat  outside  the  old  market  house,  but  within  the  limits 
taken  for  the  new  one,  where  hucksters  were  accustomed  to  sell,  and,  at  the 
time  were  selling  vegetables  against  the  orders  of  the  market  master,  who 
had  warned  them  off"— the  limits  of  the  new  market  were  indicated  by  a  furrow, 
along  which  granite  stones  were  placed  for  the  work,  which  with  the  timber 
placed  at  one  end  was  intended  as  obstructions  to  keep  people  off.  The 
plaintiff  sued  the  city  to  recover  damages  for  injuries  sustained  by  falling 
into  this  hole.    Held : 

1st.  That  the  action  could  not  be  maintained  on  the  ground  of  negli- 
gence in  the  city  or  its  agents,  in  removing  the  old  house;  the  owner  or 
person  in  charge  of  property  undergoing  repairs  or  being  built,  is  not  re- 
sponsible for  damages  to  one  who  voluntarily  goes  amid  the  ruins,  having 
no  business  there. 

2d.  The  charter  places  the  city,  in  this  respect,  on  the  same  footing  as 
individuals  and  private  corporations,  and  it  assumes  the  duty  and  the  con- 
sequence of  negligence  in  its  performance  of  keeping  the  established 
markets  free  from  nuisances. 

3d.  But  this  liability  cannot  be  enforced  when  the  party  injured  has  not 
observed  ordinary  care  and  diligence,  nor  when  he  met  his  accident  at  a 
place  which,  at  the  time,  was  not  an  authorized  market  place,  or  where  buy- 
ing and  selling  were  carried  on  against  public  authority. 

4th.  When  the  old  house  was  taken  down  it  ceased  to  be  a  market  place, 
and  the  fact  that  hucksters  were  selling  on  the  flat  as  formerly,  does  not 
affect  the  question,  because  the  plaintiff  cannot  protect  himself  against  the 
consequences  of  his  own  act  under  cover  of  the  unauthorized  acts  of 
others. 

5th.  If  the  ground  when  the  hole  was  dug  was  the  only  way  by  which 
the  plaintiff  could  reach  the  temporary  market,  or  if  the  city  authorities 
had  set  apart  or  indicated  it  as  a  way  thereto,  (of  which,  however,  there  was 
no  proof,)  the  city  would  be  liable  for  negligence,  if  any,  in  permitting  the 
way  to  be  obstructed  by  such  nuisance;  but  the  fact  that  others  used  the 
same  route  does  not  make  the  city  responsible  to  the  plaintiff.  Mayor  &c., 
V-  Brannan,  14  Md.  227. 


624 


Markicts. 


Article  XXXV.— Statutes. 


cheese  by  llie  quantity,  by  any  merchant  or  shop  keeper,  and 
selling  the  same  again  in  his  store  or  shop,  shall  not  be 
deemed  or  taken  as  an  offence  against  this  section. 


Ibid,  sec.  683. 

How  penalty 
enforced. 


Fines  and  for- 
feitures. 


Ibid,  sec.  631. 

Weight  of 
butter. 


Forfeited  for 
light  weight. 


Ibid,  sec.  635. 

Clerks  may  dis- 
train meat  for 
rent  of  stalls. 

To  collect  fines 
and  forfeitures. 


3.  Whenever  any  person  shall  be  found  exposing  for  sale 
any  of  the  articles  enumerated  in  the  last  preceding  section, 
otherwise  than  in  his  store  or  shop,  and  there  shall  be  good 
cause  to  suspect  they  hav6  been  purchased  contrary  to  the 
provisions  of  the  said  last  preceding  section,  it  shall  be 
lawful  for  any  person  to  apply  to  a  justice  of  the  peace  lor  a 
warrant  to  apprehend  the  person  so  suspected,  and  the  jus- 
tice shall  have  power  to  inquire  into  the  offence,  and  if  the  per- 
son suspected  be  convicted  thereof  on  the  oath  of  one  or  more 
credible  witnesses,  or  if  he  cannot  make  it  appear  to  the  satis- 
faction of  the  justice  that  he  raised  or  made  the  articles  by 
him  offered  for  sale,  or  is  disposing  of  them  on  account  of  the 
]ierson  who  raised  or  made  them,  or  that  he  bought  the  same 
ten  miles  or  upwards  from  the  city  of  Baltimore,  he  shall  be 
deemed  to  be  an  offender  against  the  })rovisions  of  the  said 
last  preceding  section,  and  the  fines  and  forfeitures  shall  be 
recovered  in  a  summary  way  before  the  said  justice. 

4.  All  butter  sold  by  the  pound  in  the  said  market  shall 
Aveigh  sixteen  ounces  avoirdupois  weight ;  and  any  person 
bringing  butter  to  the  said  markets  and  offering  the  same 
for  sale,  of  less  weight  than  sixteen  ounces  avoirdupois, 
shall  forfeit  the  same,  and  it  shall  be  seized  and  taken  by  the 
clerk  of  the  market  and  sold  for  the  use  of  the  city. 

5.  The  clerks  of  the  market  shall  have  full  power  and 
authority  to  seize  by  distress  any  meat  upon  any  stall  in  the 
market  houses  of  said  city,  if  the  butcher  owning  such  stall 
shall  not  pay  the  rent  due  thereon  ;  and  he  shall  also  collect 
all  fines  and  forfeitures  imposed  in  the  preceding  three  sec- 
tions, and  account  for  the  same  to  the  Mayor  and  Citj^  Coun- 
cil. 


Markets.  625 

Article  XXXV.— Statutes. 


6.  No  charge,  tax,  or  fees,  shall  be  set,  rated,  or  levied,  iwd,  sec.  ese. 
upon  any  person,  or  the  property  of  any  person,  who  shall  No  charge  for 

-1  «         .',       .  .    ,  .    ,  selling  in  mar- 

attend  any  oi  the  markets  oi  said  city,  with  any  articles  or  ket  unless  in 

produce  from  the  country  to  vend  in  said  markets,  of  their 

own  growth,  produce  or  manufacture,  or  as  the  agent  of  the 

grower,  producer  or  manufacturer  of  the  same,  unless  such 

person  or  persons  shall  occupy  some  place  or  stand  in  some 

of  said  market  houses  ;  provided,  such  person  or  agent  be  Proviso. 

not  a  resident  of  the  said  city. 

7.  If  any  clerk  of  the  market,  or  any  other  person  or  of- ibid,  sec.  C27. 
ficer  appointed  by  or  under  the  authority  of  the  Mayor  and  penalty  tor 
City  Council,  shall  demand,  receive  or  collect  any  tax  or 

other  charges  from  any  person  or  persons  attending  the 
markets  of  said  city  as  provided  in  the  last  preceding  section, 
who  shall  be  standing  in  the  open  streets,  and  who  do  not 
0(!cupy  any  place  or  stand  in  the  market,  he  shall  he  liable 
to  a  fine  of  twenty  dollars  fur  each  offence,  to  be  recovered 
before  any  justice  of  the  peace  as  small  debts,  one-half  to  the 
informer  and  the  other  half  to  the  State. 

8.  The  Mayor  and  City  Council  may  lease,  sell  or  dispose  ibid,  sec. ess. 
of  the  stalls  and  stands  in  any  market,  in  any  manner  and  corporation 

mav  sell  or 

for  any  term  they  may  think  proper.  i^ase  sta»s- 

9.  The  Mayor  and  City  Council  may  cimtract  for,  pur- ibij, sec. 639. 
chase,  lease  and  hold,  to  them  and  their  successors,  in  fee  corporation 

muy  buy  or 

simple,  or  for  a  term  of  years,  renewable  from  time  to  time  'eas«  und  for 

I-       '  J  }  purpose  ol  ex- 

forever,  any  lands,  tenaments  and  their  appurtenances  in  IfJIg'"^"*"' 
the  vicinity  of  any  market,  or  for  the  purpose  of  extending 
the  same. 


10.     They  may  agree  with  the   owners  of  any  land,  or  ibid, sec.  64o. 

other  property  which  they  may  deem  it  expedient  to  pur- power  to  con- 
demn lands,  & 
chase  and  hold,  for  the  purpose  of  extending  any  market, 

and  if  they  cannot  agree,  or  if  there  be  any  incapacity  in 


626 


Markets. 


Article  XXXV.— Statutes. 


Proceedings,  the  ownGi's  to  contract  in  relation  thereto,  or  if  such  owners 
be  unknown  or  out  of  the  State,  any  justice  of  the  peace  for 
'  said  city,  on  application  to  the  Mayor  and  City  Council,  may 
issue  his  warrant  to  the  Sheriff  of  said  city,  commanding 
him  to  summon  from  the  said  city  a  jury  of  twenty  freehold- 
ers, inhabitants  of  said  city,  not  related  to  the  owners  or 
persons  interested  in  the  real  estate  or  other  property,  to 
meet  on  the  premises  on  some  certain  day  to  be  named  in 
said  warrant,  of  which  said  warrant  and  the  day  therein 
named  for  the  meeting  of  the  jury  five  days'  notice  shall  be 
given  previous  to  such  day  by  the  Mayor  and  City  Council 
to  every  owner  or  person  interested,  and  left  at  his  place  of 
abode. 

Ibid,  sec.  641.        11.     If  any  infant  or  lunatic  or  feme  covert  be  the  owner 
Infants,  luna-     in  wholc  Or  iu  part  of  the  property  subject  to  be  condemned, 

tics  and  femes  .  t.      ^l     ^    ^  v 

coverts.  the  uotice  shall  be  given  to  his  or  her  guardian,  trustee, 

committee  or  husband,  as  directed  in  the  preceding  section. 

Ibid, sec. 643.         12.     If  such  owucr,  guardiau,  trustee,  committee  or  hus- 
Notice against   band,  rcsidc  out  of  the  State,  or  is  unknown,  such  no  ice 

non-residents.        ,,,,  itii  i  •     -i  ^  -i- 

shall  be  published  not  less  than  eight  weeks  successively  in 
some  one  or  more  of  the  daily  newspapers  of  said  city. 

Ibid,  sec.  643.  13.  The  owucr  of  such  property,  or  the  guardian,  trus- 
Listof  jurors.  tcG,  cominittce  or  husband,  of  the  owner  may,  from  the  list 
of  jurors  returned  by  the  Sheriff,  strike  four,  and  the  Mayor 
and  City  Council  four,  so  that  the  number  of  jurors  may  be 
reduced  to  twelve,  and  if  either  party  neglect  or  fail  to  strike 
off  the  names  of  jurors,  the  Sheriff  or  his  deputy  shall  strike 
for  the  party  so  failing  or  refusing. 

Ibid, sec.  644.         14.     The  Sheriff  or  his  deputy  shall,  before  the  said  jury 

Oath  to  jurors,   procccd  to  act,  administer  to  each  of  them  an  oath  justly 

and  impartially  to  value  the  damages  which  the  owners  or 

parties  holding  an  interest  in  the  property  to  be  condemned 


Markets.  627 

Article  XXXV.— Statutes. 


will  sustain,  by  the  use  and  occupation  thereof  by  the  Mayor 
and  City  Council  of  Baltimore. 

15.  The  jury  80  qualified  shall  inquire  into,  assess  and  iwd,  sec.  645. 
ascertain  the  sura  or  sums  of  money  to  be  paid  by  the  Mayor  Duty  of  jury, 
and  City  Council  for  the  land  or  other  property  to  be  con- 
demned, baving  regard  to  all  the  circumstances  of  damage 

or  benefit  to  result  to  such  owner  or  party  interested  therein. 

16.  The  jury  shall  reduce  their  inquisition  to  writing,  iwa, sec  646. 
and  shall  sign  and  seal  the  same,  and  it  shall  then  be  re-  inquisition  to 

be  returned  to 

turned  by  the  Sheriff  to  the  clerk  of  the  Superior  Court*  of  ciorit  of  court. 

said  city,  and  be  by  such  clerk  filed  in  his  office,  and  shall 

be  confirmed  by  said  court  at  its  next  session,  if  no  sufficient  conUrmation. 

cause  to  the  contrary  be  shown,  and  when  confirmed  shall  be 

recorded  by  the  said  clerk  at  the  expense  of  the  Mayor  and 

City  Council. 

17.  If  said  inquisition  be  set  aside  by  the  court,  the  said  iwd,  sec, 647. 
court  shall  direct  another  inquisition  to  be  taken  in  the  man   Another  inqui- 

.  .  sition. 

ner  hereinafter  directed. 

18.  Every  such  inquisition  shall  describe   the  property  ibw,  sec.  468. 
taken  or  the  bounds  of  the  land  condemned,  and  the  quanti-  Description  of 

property. 

ty  or  duration  of  the  interest  in  the  same  valued  to  the  Mayor  interest 
and  City  Council,  and  such  valuation,  when  paid  or  tendered 
to  the  owner  or  owners  of  said  property,  or  his  or  their  legal 
representatives,  shall  entitle  the  Mayor  and  City  Council  to  xitieinoity. 
the  full,  legal  and  equitable  title,  interest  and  estate  of  the 
owners  of  said  property,  estate  and  interest  in  the  same  thus 
valued,   as  fully  as  it  had  been  held  by  the  owners  of  the  valuation, 
same;  and   the  valuation,  if  not   received    when    tendered, 
may  at  any  time  thereafter  be  received  without  interest  by 
the  said  owners,  or  his  or  their  legal  representatives. 

*  See  Const.,  Art.  IV,  sec.  28,  p.  183,  ante. 


628 


Markets. 


Article  XXXV. — Ordinances. 


19.  If  the  twenty  jurors  summoned  as  hereinbefore  direct- 
ed shall  not  appear  at  the  time  and  place  appointed,  the 
Sheriff  or  his  deputy  shall  forthwith  summon  other  freehol- 
ders of  the  city,  qualified  as  before  directed,  to  make  up  the 
said  jury  to  the  number  of  twelve. 

20.  The  jurors  summoned  and  attending  shall  be  allow- 
ed one  dollar  per  day  for  their  services  ;  the  Sheriff  shall  be 
allowed  the  same  fees  as  for  summoning  jurors  to  the  upe- 
rior  Court,  and  two  dollars  a  day  for  each  day  he  or  his 
deputy  shall  attend  upon  such  inquisition,  and  such  expenses 
shall  be  paid  by  the  Mayor  and  City  Council,  except  incases 
of  objection  to  the  confirmation  of  the  inquisition,  when  the 
costs  in  said  court  may  be  awarded  in  the  discretion  of  the 
court. 

Ibid,  sec.  651.        2 1 .     The  Mayor  and  City  Council  may  levy  and  collect  all 

Corporation  to     ,  i  j.        j  i  i     i  f-         ■     •  i 

levy  and  collect  the  costs,  dauiagcs  and  expenses  awarded  as  aforesaid. 

costs,  damages, 
&c. 

ORDINANCES  . 


Ibid,  sec.  649. 

Summoning 
jurors. 


Ibid,  sec.  650. 

Pay  to  jurors. 
Sheriff. 


Costs. 


No.  27,  s.  7, 
R.O. 


CLERKS. 

1 .     There  shall  be  appointed  for  each  of  the  markets  one 
Clerks  to  lie      clei'k.     Thc  clerks  appointed  to  the  several  markets  shall 

appointed.  /•    n 

have  lull  power  and  authority  to  take  possession,  care  and 
Duty  oi  clerks,  cliargc  of  the  markets  to  which  they  are  res2)ectively  appoint- 
ed, during  their  term  of  office  ;  and  they  shall  attend,  unless 
prevented  by  sickness  or  other  unavoidable  accident  or  neces- 
sity, the  markets  to  which  they  are  respectively  appointed, 
during  the  market  hours  hereinafter  prescribed,  and  at  such 
other  hours  as  shall  be  necessary  in  order  to  enforce  obedience 
to  all  and  every  the  rules  directed  to  be  observed  concerning 
such  markets. 

Ibid, s.  11.  2.     It   shall   be  the   duty   of  the   clerks   of  the    several 

Further  duties,  markets  to  prevent  all  blown,  stuifed,  unsound  or  unwhole- 
some provisions  from  being  sold,  or  exposed  for  sale  within 


Markets. 


629 


Article  XXXV. — Ordinances. 


the  same,  and  to  weigh  and  examine  all  butter,  lard  and 
other  articles  of  provisions  sold  at  a  given  weight,  to  see  that 
the  same  are  of  due  weight  for  which  the  same  are  offered 
for  sale,  and  the  same,  when  false,  to  seize  and  dispose  of  to 
the  highest  bidder,  for  the  use  of  the  city,  after  having  been 
made  in  roll  form  ;  to  decide  all  differences  and  disputes 
which  may  arise  in  the  said  markets,  to  which  they  are  sev- 
erally appointed,  between  buyers  and  sellers,  touching  the 
weight  and  measure  of  the  things  there  bought  and  sold, 
and  to  try  all  scales,  weights  and  measures  by  which  any 
provisions  offered  for  sale  in  the  said  markets,  are  to  be 
weighed  or  measured,  as  often  as  practicable ;  and  all  such 
scales,  weights  and  measures,  as  are  found  incorrect,  shall 
be  seized  by  the  clerk  or  his  assissant  and  destroyed,  and  the 
owners  thereof,  or  the  person  using  them,  shall  forfeit  and 
pay  a  fine  of  ten  dollars,  for  each  and  every  offence,  one-half 
for  the  use  of  the  clerk  of  the  market  and  the  other  half  to 
be  paid  into  the  city  treasury,  and  to  collect  all  rents  of  the 
stalls  and  shambles  in  the  markets  to  which  they  may  belong, 
for  tlio  use  of  tlio  city. 

3.     The  said  clerks  shall  cause  the  markets  to  which  they  no.  a?,  s.  13, 

K.  o. 
are  res|iectively  aj)pointed,  to  be  swept  at  least  twice  in  every  Markets  to  be 

swept,  &c. 

week,  on  the  duys  next  preceding  market  days,  and  have 
their  respective  markets  cleaned  before  eight  o'clock  on  Sun- 
day mornings,  and  on  such  other  days  as  the  Mayor  may 
direct,  and  to  remove  all  dirt,  filth  and  snow  from  the  same 
as  often  as  may  be  necessary  ;  and  it  shall  be  the  duty  of 
the  said  clerks,  when  fish  are  sold,  to  scrape  and  wash  the 
beuches  and  scrub  and  wash  off  all  filth  from  the  i)avements 
and  gutters,  so  as  to  make  the  said  fish  market  as  clean  as 
practicable,  or  cause  the  same  to  be  done,  before  five  o'clock 
in  the  afternooti  of  each  and  every  day  the  fish  are  sold 


630 


Markets. 


Article  XXXV.— Ordinances. 


therein,  under  a  penalty  of  five  dollars  for  every  neglect  or 
omission.* 


Ibid,  s.  15. 

Clerks  to  give 
bond. 


Penalties. 


Conditio  7.S. 


To  render 
accounts. 


Ibid,  s.  62. 

Clerk  to  cause 
necessary  re- 
pairs to  be 
made. 


Ibid,  s.  58. 


Clerks  to  dis- 
train lor  rent. 


Ibid,  s.  59. 

Police  officers 
to  attend  mar- 
kets and  aid 
clerks. 


4.  Before  the  clerks  of  the  several  markets  shall  take 
upon  themselves  the  execution  of  the  trust  reposed  in  them 
by  this  ordinance,  they  shall  each  give  bond,  with  sufficient 
security  to  be  approved  by  the  Mayor,  to  the  Mayor  and 
City  Council  of  Baltimore,  in  such  penalties  as  may  be  pre- 
scribed in  this  article,  for  the  clerks  of  the  several  markets, 
with  conditions  thereto  annexed,  that  they  will  well  and  faith- 
fully discharge  the  several  duties  required  by  this  or  any  other 
ordinance,  and  that  they  will  render  to  the  Mayor  on  the 
first  Monday  in  every  mouth,  a  just  and  true  account  of  all 
moneys  they  may  from  time  to  time  receive  in  virtue  of  their 
offices,  and  that  they  will  pay  the  same  to  the  Register,  for 
the  use  of  the  city. 

5.  Whenever  any  repairs  may  be  required  at  any  of  the 
market  houses,  it  shall  be  the  duty  of  the  clerk  of  the 
market,  with  the  approbation  of  the  Mayor,  to  have  such 
repairs  made,  and  the  expenses  thereof  shall  be  paid  out  of 
the  proceeds  of  said  market ;  provided,  that  the  same  shall 
not  exceed  fifty  dollars  for  each  market  in  any  one  year. 

6.  The  clerks  of  the  several  markets  shall  have  full  power 
and  authority  to  distrain  and  sell  any  meat,  provisions  or 
other  articles  upon  any  stall,  stand,  shamble,  bench  or  place, 
if  the  person  renting  the  same  or  in  the  occupation  thereof 
shall  not  pay  the  rent  due  thereon. 

7.  It  shall  be  the  duty  of  the  police  officers  to  attend  at 
the  several  markets  ot  the  city,  in  such  order  of  rotation  and 
subject  to  such  rules  and  regulations  as  may  be  prescribed, 
and  during  the  prescribed  time  of  such  attendance  to  aid 


*  See  sec.  113,  p.  419,  ante,  as  to  duty  of  Street  Superintendents  to  have 
filth,  &c.,  removed  from  market  houses  on  Sunday  morning. 


Markets.  631 

Article  XXXV. — Ordinances. 

and  assist  tlie  clerks  of  the  said  markets  respectively  in  pre- 
serving order  therein  and  enforcing  the  provisions  of  this 
ordinance. 

8.  It  shall  be  the  special  duty  of  the  clerks  of  the  markets,  ibid,  s.  49. 
at  all  times,  to  prevent  idle  or  disorderly  persons  from  fre- cierks  to  pre- 

,  -  ,  .  ,        vent  idle  or  dis- 

qucnting  the  market  houses,  and  any  person  or  persons  who  orderly  persons 
may  be  found  sitting,  sleeping  or  behaving  in  a  disorderly  j,"'^™,"''®' 
manner,  within  either  of  the  market  houses,  or  upon  the 
shambles,  stalls  or  benches  thereof,  shall  each   forfeit  and  Penalty, 
pay  a  fine  of  one  dollar  for  each  offence. 

9.  It  shall  be  the  duty  of  the  assistant  clerk  of  the  res- iMd.s.  le. 
pective  markets  to  aid  and  assist  the  principal  clerk  in  the  Duties  of  as- 
discharge  of  the  duties  imposed  on  him  by  law,  and  preserve 

order  within  tlie  limits  of  the  market  of  which  he  is  an  as- 
sistant ;  to  collect  all  the  per  diem  rents  from  persons  occu- 
pying unlicensed  stalls,  stands,  benches  or  places  in  the 
market  of  which  he  is  an  assistant  clerk,  and  return  a  true 
and  just  account  thereof,  on  oath,  and  pay  over  the  same  to 
the  Register  of  the  City  on  the  first  Monday  in  each  and 
every  month. 

10.  If  any  person  shall  resist  or  obstruct  any  clerk  oriwd,  s.  n. 
assistant  clerk  of  a  market  in  the  execution  of  his  duty,  he  penalty  for  re- 

iiiipp-  1  Tii      sisting  clerks. 

or  she  shall  lorieit  and  pay  a  sum  not  exceeding  twenty 
dollars. 

STALLS  AND  STANDS. 

11.  It  shall  be  the  duty  of  the  clerks  of  the  several  mar-  iwd,  s.is. 
ket  houses  in  the  city,  to  affix  on  each  stall,  stand,  shamble  Notice  on  un- 
and  bench  in  each  of  said  market  houses  not  rented  and 
licensed,  a  written  or  printed  notice,  offering  the  same  for 

rent,  and  stating  the  amount  of  rent  and  license  which  will 
be  charged  for  the  same. 


632  Markets. 

Article  XXXV. — Ordinauces. 


Ibid, S.20.  12.     The  clerks  of  the  several  markets,  with  the  consent 

Clerks  to  fix      of   the   Mavor,    shall   have   power    to   fix    the  rent  of   all 

rent  of  stalls      '  ^3  r 

notenumeiated.  gtalls,  stands  and  bcnchcs  not  enumerated  in  this  article; 
provided,  that  said  rents  shall  not  at  any  time  he  fixed  at  a 
lower  rate  than  is  now  paid  for  the  same. 

Ibid, s.  41.  13.     Tne  Mayor  is  hereby  empowered  to  cause,  from  time 

Moveable         to  time,  as  may  he  found  most  expedient  and  necessary,  a 

stalls,  &c.  to  be  t  J  t  .  .;  : 

erected.  numher  of  movable  stalls  and  permanent  fixed  benches  to 

be  made  and  erected  at  the  expense  of  the  corporation,  and 
placed  on  such  parts  o"  the  limits  of  the  markets  as  may  by 
him  be  found  most  convenient  and  suitable,  and  to  cause  the 
same  to  be  numbered  and  rented  out  to  the  venders  of  mar- 
ket articles,  by  the  clerks  of  said  markets,  on  the  terms 
heretofore  established,  or  which  may  hereafter  be  established, 
for  such  stalls  and  benches  in  such  respective  markets  ;  and 

Penalty  for       if  any  person  shall  wilfullv  or  maliciously  break  or  other- 

injuiing  stalls, 

*c.  wise  injure  any  permanent  fixed  bench,  movable  or  other 

stall,  any  person  so  offending,  and  every  person  aiding  or 
concerned  in  such  offence,  shall  forfeit  and  pay  a  sum  not 
exceeding  twenty  dollars  for  each  offence. 

No. 24,  Api. 24,      14.     The  clerks  or  assistant  clerks  of  the  several  markets 

'6-1. 

Clerks  to  col-    shall  collcct  from  all    dealers,  except  butchers  and  bacon 
fornumbers of  dcalcrs,  tcu  ccuts  for  cach  and  every  number  of  the  stall  or 

stalls.  .  "^ 

stalls  occupied  by  them,  on  each  and  every  market  day  or 
part  of  a  market  day. 

No.  27, s.  42,  15.     Whenever  the  cleik  of  any  market  shall  rent  or  hire 

R   O 

Mode  of  renting  out  any  stall,  Stand,  shamble  or  bench,  he  shall  give  to  the 

stalls,  ic.  ,        ,     .  ,  ..J-,  ,1  p 

person  or  persons  obtaining  the  same  a  certificate  tnereot, 
which  shall  specify  the  terms  of  the  tenure,  and  the  number 
and  other  description  of  the  stall,  stand,  shamble  or  bench ; 
and  in  case  the  Mayor  shall  approve  of  the  terms  of  said  cer- 
tificate, he  shall  forthwith  grant  to  the  person  holding  the 
same,  a  license  under  the  corporation  for  the  stall,  stand, 


Markets.  633 

Article  XXXV. — Ordinances. 

shamble  or  bench  described  in  such  certificate  for  one  year 
and  no  longer  ;  in  which  license  shall  be  distinctly  ex|)rn8Ked 
the  number  or  other  description  of  the  stall,  stand,  shamble 
or  bench,  the  market  wherein  it  is  situated,  and  the  terms 
of  the  tenure;  and  the  Comptroller  shall  keep  a  record  ofKecordtobe 

'  kept  by  Corap- 

the   name  of   the  person  to    whom   sucli    license  shall  be  'rouer. 
granted  ;  and  the  terms  and  tenure  thereof,  in  a  book  to  be 
kept  by  him  for  that  and  similar  purposes ;  and  every  such 
license  shall,  with  the  api)robation  of  the  Mayor,  be  trans- Licenses  for 

stalls  traiisfera- 

ferable,   and  shall  be  evidence  of   title  in  the    grantee  or  ^le. 
assignee  to  the  stall,  stand,  shamble  or  bench  therein  men- 
tioned ;  and  the  person  applying  for  said  license,  shall  pay  Rates  of 

licenses. 

therefor  to  the  Comptroller  five  dollars  for  the  use  of  the 
city.* 

16.     It  shall  be  the  duty  of  the  clerks  of  the  several  mar-  ibid,  8.44. 
kets  of  the  city  to  report  monthly  to  the  Comptroller  th e  cierks  to  make 

.         monthly  reiiortg 

names  of  the  several  persons  to  whom  he  may  grant  certin-  to  comptroller, 
cates  ;  and  if  any  of  the  persons  to  whom  certificates  shall  be 
granted,  shall  not  apply  to  the  Comptroller,  within  ten  days 
after  the  date  of   such  certificate,  such  person  or  persons 

*  Under  No.  26  of  R  O.  1850,  sees.  41,  42  and  44,  which  sections  are  iden- 
tical (except  that  "  Comptroller"  is  put  for  "  lieglster "  in  sees.  15  and  16  of 
above,)  with  above  sections  15,  16  and  19,  it  was  held,  in  Hatch  v.  Penderyast, 
15  Md.  252 :  1st.  That  the  payment  of  the  license  fee  confers  on  the  party 
the  right  to  use  the  stand  or  stall  whether  a  license  be  obtained  or  not,  but 
mere  payment  of  rent  for  a  stand,  without  reference  to  the  license  fee,  does 
not  vest  title  to  the  stand.  2d.  A  paper  in  the  form  of  a  receipt,  signed  by 
the  market  clerk,  stating  that  he  had  received  five  dollars  for  a  specific 
stand,  is  to  be  construed  as  a  certificate  of  payment  of  the  required  license 
fee  for  the  use  of  the  stand.  Title  to  market  stands  cannot  be  acquired  by 
possession ;  every  seller  must  be  considered  as  holding  his  stand  by  contract 
with  the  city,  subject  to  the  market  regulations  and  not  adversely  to  its  au- 
thority. If  difficulty  arise  between  the  holders  of  certificates  of  contiguous 
stands,  the  limits  of  which  are  not  defined  on  the  pavement,  it  is  the  duty 
of  the  market  clerk  to  interpose  and  determine  their  respective  rights,  and  if 
necessaiy,  to  call  the  police  to  his  aid  in  preserving  order  and  peace  in  the 
market. 


634 


Markets. 


Article  XXXV. — Ordinances. 


Duty  of 
UomptroUer. 


Ibid,  8.  44. 

Renewals  of 
licenses  regu- 
lated 


shall  be  liable  to  a  fine  of  five  dollars  ;  and  it  shall  be  the 
duty  of  the  CDinptroUer  on  the  first  Tuesday  in  each  month, 
to  furnish  the  clerks  of  the  several  markets,  a  list  of  the 
persons  to  whom  certificates  have  been  granted,  and  who 
have  not  taken  out  licenses,  and  it  shall  be  the  duty  of  the 
said  clerks  to  collect  forthwith  the  amount  of  the  license 
money  due  by  the  granting  of  said  certificates,  and  to  pay 
the  same  over  to  the  Comptroller. 

17.  If  any  person  or  persons,  to  whom  any  stand,  stall, 
or  bench  shall  have  been  rented  in  any  of  the  markets,  shall 
continue  to  occupy  the  same^  and  shall  neglect  to  renew  his, 
her  or  their  license  and  certificate,  or  refuse  or  neglect  to  pay 
the  rent  due  on  such  stand,  stall  or  bench,  such  person  or 
persons  shall  be  liable  to  a  fine  of  two  dollars  ;  and  it  shall 
be  the  duty  of  the  clerk  of  the  market  in  which  such  delin- 
quent stand,  stall  or  bench  shall  be  situated,  to  take  pos- 
session of  the  same,  within  ten  days  from  the  expiration  of 
such  license,  in  the  name  of  the  Mayor  and  City  Council, 
and  proceed  as  provided  in  the  succeeding  section. 

18.  When  any  stall  shall  become  vacant  by  the  failure  of 
the  tenant  to  renew  his,  her  or  their  certificate  or  license,  or 
rent  due  on  such  stand  or  stall  for  ten  days,  the  same  shall 
be  disposed  of  on  the  succeeding  market  day  at  eleven 
o'clock,  A.  M.,  at  public  sale  ;  the  clerk  having  posted  at 
least  twenty-four  hours'  notice  before  such  sale  within  the 
limits  of  said  market,  by  an  advertisement  setting  forth  the 
same  ;  and  the  proceeds  of  such  sale  shall  be  paid  over  to 
the  Register  of  the  City. 

19.  The  clerks  of  the  respective  markets  are  hereby  prohi- 
bited from  letting  or  hiring  any  pari  of  the  said  markets,  or 
any  stall,  stand  or  bench  therein,  to  anj''  person  or  persons 
whom  they  have  good  reason  to  suspect  of  ofi^ending  against 
the  provisions  of  this  ordinance  ;  and  they  shall  not  rent  any 


No.  55,  Sept.  30, 

'58, 

Public  sale  of 

stalls. 


No.  27,  8.  45,  R. 
O. 

Clerks  forbid- 
den to  rent 
places  to 
offenders 
against  ordi- 
nances. 


Markets.  635 

Article  XXXV. — Ordinances. 

stall,  stand,  bench  or  place,  in  any  market  within  the  city,  to 
any  person  or  persons  who  shall  not  intend  to  occupy  the 
same  during  the  terra  of  the  said  renting;  and  no  more  than 
one  stall,  stand,  bench  or  place,  shall  be  rented  to  any  one 
person,  unless  said  person  shall  satisfy  the  clerk  of  his  or  her 
intention  to  occupy  the  same  as  a  place  of  business  in  the  said 
market;  and  no  person  shall  assign  any  license  for  any  stall,  Persons  having 

'  '  ,  a  J  J  ^  licenses  not  to 

stand,  bench  or  place,  without  the  consent  of  the  clerk  of  the  rent  stalls, 
market  in  which  it  is  situate;  and  the  said  clerk  shall  not  as- 
sign any  license  when  the  person  or  persons  to  whom  it  is 
proposed  to  assign,  shail  be  required  to  pay  a  greater  rent  than 
was  paid  by  the  person  to  whom  the  license  was  first  granted  ; 
provided,  that  nothing  herein  contained  shall  be  made  to  ap- 
ply to  any  stall  which  is  owned  by  any  person  or  persons  in 
the  said  market;  and  it  shall  be  the  duty  of  the  said  clerks,  Duty  of  clerks, 
respectively,  to  remove  and  drive  off  any  person  using  or  oc- 
cupying any  stall,  bench  or  stand  in  any  of  the  said  markets 
contrary  to  the  true  intent  and  meaning  of  this  ordinance. 

20.  Any   person    bringing   provisions   or   articles   of   any  ibw,  s.  46. 
description  not  prohibited,  to  the  several  markets  for  sale  on  vacant  benches 

1  1  ^        •  11  1111  I'j  """y  ^^  OCCU- 

market  days,  durmg  market  hours,  shall  be  authorized  to  p«ed.; 
occupy  any  vacant  permanent  bench,  movable  stall,  or  any 
other  stand  or  place,  (except  butcher's  stalls,)  on  paying  for 
the  use  of  the  city,  to  the  clerk  or  his  assistant,  the  sum  of 
twelve  and  a-half  cents  for  each  day,  or  part  of  a  day,  he,  she 
or  they  shall  occupy  the  same. 

21.  It  shall  not  be  lawful  for  any  person  or  persons  to  erect  ibid,  s.  48. 

or  cause  to  be  erected  any  permanent  wooden  frame  or  struc-  The  erection  of 
ture  upon  the  outside  stalls  of  the  market  houses,  or  to  use  tares  prohib- 

'^  '  ited. 

the  same,  under  a  penalty  of  five  dollars  for  each  offence ;  and 

the  clerks  of  the  several  markets  are  hereby  directed  to  give  Duty  of  cicrks. 

notice  to  the  owners  of  such  frames  or  structures  as  are  now 

erected,  to  remove  the  same,  and  if  said  notice  is  not  complied 

with  within  ten  days  thereafter,  the  said  owner  or  occupant 


636 


Markets. 


Article  XXXV. — Ordinances. 


shall  pay  the  penalty  of  five  dollars,  and  the  further  sum  of 
five  dollars  for  each  day  the  same  shall  be  permitted  to  remain 
after  the  expiration  of  said  notice  ;  provided,  that  this  section 
shall  not  be  constrncd  to  aflect  any  regular  market  bench  ;  and 
provided  further,  that  nothing  contained  in  this  section  shall 
apply  to  any  frame  structure  now  erected  on  the  outside  stalls 
ol'  the  several  fish  markets,  and  used  by  venders  of  cheese  and 
confectionery. 


Butchers' 
closets  regu- 
lated. 


Ibid,  s.  53. 

Limits  of 
benohes  regu- 
lated. 


Ibid,  s.  55. 

Regulations 
occupiers  of 
benches,  &c. 


22.  No  butcher  or  butchers  shall  erect  or  cause  to  be  erect- 
ed, under  his  or  their  respective  shambles,  any  box  or  closet, 
unless  the  same  be  raised  four  inches  above  the  pavement, 
under  a  penalty  of  five  dollars  for  each  and  every  week  such 
box  or  closet  may  remain  under  said  shambles. 

23.  The  division  line  between  the  butchers  and  the  occu- 
piers of  benches  behind  the  shambles,  shall  be  drawn  six  in- 
ches from  the  inner  edge  of  one  pillar,  to  six  inches  from  the 
inner  edge  of  another;  and  no  butcher  shall  hang  any  meat 
or  other  thing,  or  place  any  fixture  on  the  outside  of  said 
line,  nor  shall  any  occupier  of  any  of  said  benches  hang  any 
meat  or  thing,  or  place  any  fixture  on  the  inside  of  said  line, 
and  every  person  oftending  herein,  shall  forfeit  and  pay  a  sum 
not  exceeding  five  dollars  for  each  and  every  offence. 

24.  All  blocks,  benches,  tubs  or  other  things  used  in   the 
for  markets  for  the  accommodation  of  butchers,  whilst  occupying 

the  shambles,  shall  be  placed  and  kept  within  the  limits  of  the 
shambles  by  thein  severally  occupied,  and  in  such  manner  as 
not  to  extend  into  the  market  house  further  than  four  feet 
beyond  the  inner  edge  of  their  respective  shambles  ;  and  every 
butcher,  to  ])revent  nuisances,  shall  collect,  secure  and  carry 
away,  or  cause  to  be  removed  from  the  limits  of  the  market, 
all  heads,  feet,  pluck  or  other  offal,  that  are  or  may  be  within 
the  limits  of  his  shamble  or  bench,  under  a  penalty  of  five 
dollars  for  each  offence ;  and  all  meat,  roots,  herbs  and  vege- 


Mabkbts.  637 

Article  XXXV. — Ordinances. 

table  provisions  offered  for  sale  under  the  extended  sheds  of 
said  markets,  and  all  tubs,  baskets,  and  other  things  used  in 
said  market  for  the  accommodation  of  the  sellers,  shall  be  placed 
by  the  several  and  respective  owners  thereof,  so  as  not  to  ex- 
tend beyond  the  edge  of  the  benches  on  the  one  side,  nor 
within  the  range  of  posts  on  the  other  side,  to  the  interruption 
of  the  purchasers  passing  and  repassing  under  the  said  extend- 
ed sheds  ;  and  if  any  person  having  charge  of  any  tub,  bench, 
meat,  roots,  herbs,  or  vegetable  provisions,  or  other  things,  as 
aforesaid,  shall  cause  or  suffer  the  same  to  be  placed  or  remain 
otherwise  than  is  hereinbefore  mentioned  and  directed,  every 
person  so  offending  shall  forfeit  and  pay  for  every  offence  two 
dollars  ;  nor  shall  any  person  occupying  any  eave  bench,  under 
the  like  penalty  for  every  offence,  extend  or  enlarge  the  same 
by  any  permanent  or  temporary  fixture  beyond  the  kerb  stone. 

25.     Permission  is  hereby  given  to  dealers  in  fruit  and  vege-  no.  404,  sept. 
tables  occupying  stands  in  the  different  markets  of  the  city,  to  Fmitand  vege- 
continue  in  use  their  stands  during  the  day,  (Sundays  except- 
ed,) during  the  fruit  season. 

SALES,  LICENSES,  &c. 

20.     No  person  shall  sell  any  meat  in  any  part  of  or  about  no.  27, 3. 33,  r. 
any  of  tlie  market  houses  in  the  city  within  the  limits  of  any  Meat  not  to  be 
of  the  markets,  other  than  the  regularly  licensed    butchers'  butchers'''staii8. 
stalls  inside  of  the  markets,  under  a  penalt}'  of  ten  dollars  for 
each   and   every  offence;  provided,  that  nothing  herein  con- Proviso, 
tained   shall   prevent  any  farmer  from  selling  in  any  market 
meats  which  are  exclusively  products  of  his  own  farm,  nor  to 
prevent  bacon  sellers  from  making  such  sales  as  shall  be  au- 
thorized by  license. 

27.     No  person  shall  sell  or  expose  to  sale,  in  any  of  the  ibid,  s.  as, 
markets  aforesaid,  or  elsewhere  within  the  limits  of  the  city,  saie  of  unsound 

meatB  piohlb- 

any  blown,  stuffed,  unsound  or  unwholesome  meat,  or  articles  ited. 
of  provision,  or  measly  pork,  or  stale  or  unsound  flesh,  under 


638  Markets. 

Article  XXXV. — Ordinances. 


the  penalty  of  twenty  dollars  for  each  and  every  offence ;  the 
said  penalty  to  be  paid  into  the  city  treasury. 

Ibid,  s.  24.  28.     All  flesh,  flour  and  other  provisions  sold   by  weight 

Mode  of  weigh,  shall  be  Weighed  by  scales  and  weights,  or  patent  balances, 
*°^"  duly  stamped,  regulated   by  the  officers  appointed  for  that 

purpose — such  scales  and  weights  or  patent  balances  to  be 
provided  by  the  seller ;  and  if  any  person  shall  be  guilty  of 
selling  by  steelyards,  or  by  unjust  weights,  false  measures,  or 
scales  falsely  balanced,  he  or  she  shall  pay  a  flne  of  five  dol- 
lais  for  each  and  every  offence. 

Ibid,  8  25.  29.     No  person  shall  lead,  ride,  drive  or  bring  into  any  of 

Animals,  &c.,    the  market  houses,  or  on  the  brick  pavement  of  the  same,  any 

on  brick  pave-   horso  or  othcr  beast,  wagon,  cart,  wheelbarrow,  or  any  other 

Killing,  &c.,  in  carriage  whatsoever,  or  kill  or  slaughter  within  the  limits  of 

hibited. '"^"       any  of  the  markets,  any  beast,  or  gut  or  cleanse  any  fish,  or 

lay,  throw  or  deposit  any  dirt,  filth,  dung,  garbage  or  offal 

therein,  under  the  penalty  of  two  dollars  for  each  and  every 

offence. 

ibid.s.  26.  30.     If  any  person  shall  lead,  drive  or  place  any  cow  within 

Cows  not  to  be   the  limits  of  any  of  the  markets  during  market  hours,  every 
market  during    pcrsou  SO  oifendiiig  sliall  forfeit  and  pay  the  sum  of  two  dol- 

market  hours. 


lars  for  every  such  offence. 

Ibid,  s.  27.  31.     Any  person  who  shall  sell  or  offer  for  sale,  within  the 

saieofmer-      limits  of  any  of  tlie  markets  aforesaid,  any  merchandise  or 

pro*hiVited.  ^''   clothing  of  any   description   whatever,  or  any  other  article 

except  eatables,  or  shall  during  market  hours,  ofler  for  sale 

any  china,  glass  or  earthenwares  within  the  limits  of  any  of 

said  markets,  or  on  the  sidewalk,  or  bed  of  any  street  or  alley 

within  one  square  of  the  limits  of  said  market,  shall,  for  each 

and  every  offence,  pay  a  fine  of  not  less  than  five  dollars,  or 

Proviso.  more  than  ten  dollars;  provided,  that  this  section  shall  not 

affect  any  gardener  or  farmer  bringing  any  articles  of  his  or 


Markets.  639 

Article  XXXV. — Ordinances. 

her  household  manufacture  to  sell  on  his  or  her  stand,  stall  or 
place. 

32.  Nothing  in  this  article  contained,  forbidding  the  sale  ibid,  s.  as. 

of  any  manufactured  goods,  wares  and  merchandise  within  the  Fem-iies  whose 

stock  in  trndc 

limits  of  the  markets,  shall  be  construed  to  extend  or  apply  to  does  not  exceed 

'  '  ^    ^  lorty  doUars 

any  female  bona  fide  engaged  in  the  business  of  selling  on  her  ^YnjiJe'Ja'"" 
own  account,  whose  stock  in  trade  offered  for  sale  within  the  "»"''ets. 
limits  aforesaid,  shall  at  no  time  exceed  the  sum  of  forty  dol- 
lars in    value;   provided  such  female  shall  have  procured  a  Proviso, 
license  therefor  from   the  City   Comptroller,  and  shall  have  License, 
paid  for  the  same  the  sum  of  five  dollars  as  the  annual  rate 
thereof.* 

33.  It  shall  not  be  lawful  for  any  huckster  or  any  person  ibid,  s.ao. 
living  in  the  city  and  dealing  in  the  articles  of  butter,  eggs  or  Hucksters  to 

'  '  ^  occupy  only 

poultry,  or  either  of  them,  to  dispose  of  or  offer  for  sale,  certain  parts  oi 
either  as  principal  or  agent,  any  article  except   within   those 
parts  of  the  limits  of  the  several  markets  which  may  be  desig- 
nated for  that  purpose  by  the  Mayor. 

34.  It  shall  not  be  lawful  for  any  person  to  sell  or  offer  for  iwa, ».  si. 

sale  from  any  cart,  wagon  or  other  vchiftle,  within  the  limits  Dealers  in  cer- 
tain articles 
of  any  market  within  the  city,  any  cheese,  or  salted  or  cured  fiom carts  Ac, 

•'  .'  1         J  ^  tj,  obtain  licen- 

meat,  without  having  obtained  from  the  Comptroller,  who  is ''•''• 
hereby  authorized  to  grant  the  same,  a  license,  for  which 
dealers  in  salted  or  cured  meat  shall  pay  fifty  dollars  to  sell  in 
the  several  markets  of  the  city;  provided,  that  said  license  Proviso, 
shall  not  confer  the  right  to  sell  in  any  more  than  one  market 
at  the  same  time,  nor  out  of  more  than  one  cart,  under  a 
penalty  of  ten  dollars  for  each  and  every  offence;  and  dealers 
in  cheese  or  salted  codfish  or  salmon,  or  any  cut  or  broken 
pieces  thereof,  to  pay  ten  dollars  for  a  license  to  sell  in  the 
market  therein  named  ;  and  any  person  or  persons  selling  or 
causing  to  be  sold  any  cheese  within  the  limits  of  any  market 

*  See  sec.  8,  being  Act  of  1878,  c.  414,  on  p.  577,  ante- 


640  Markets. 

Article  XXXV. — Ordinances. 


whatever  in  the  city,  without  having  first  obtained  a  license 
so  to  do,  shall  forfeit  and  pay  the  sura  of  three  dollars  for  each 
Proviso.  ■  and  every  such  offence ;  and  provided  further,  that  nothing 
contained  in  this  section  shall  be  construed  as  extending  to 
farmers  selling  the  produce  of  their  farms.  ' 

Ibid,  s. 33.  35.     It  shall  not  be  lawful  for  any  person  to  sell  or  offer  for 

Sausages,  &c..    Sale,  within  the  limits  of  any  of  the  markets  in  the  city,  any 

not  to  be  sold  i         .  /.  i        .         i    /. 

in  markets        puddiugs  or  sausagcs,  without  having  first  obtained  from  the 

without  license.  *  <=>  o      /  o 

Comptroller  a  license,  to  expire  on  the  first  day  of  May  in 
every  year  ;  for  which  he  shall  receive  the  sum  of  five  dollars 
for  each  and  every  market ;  and  every  person  offending  against 

Penalty  the  provisious  of  this  section,  shall  forfeit  and  pay  a  penalty 

of  five  dollars  for  each  market  day  he  or  she  may  attend  ;  and 

Duty  of  clerks  it  shall  be  the  duty  of  the  clerks  of  the  markets  at  the  several 

of  markets,  ,  ^  ,  i  •  i  i  .    •  /•    i  • 

markets  or  the  city,  to  see  that  tlie  provisions  oi  this  section  are 
Proviso.  complied  with  and  enforced ;  provided,  that  the  provisions  of  this 

section  shall  not  apply  to  butchers  selling  under  a  license  in  the 
inside  of  the  market  house ;  and  provided,  also,  that  it  shall  not 
apply  to  farmers  selling  such  articles,  the  produce  of  their  farms. 

Ibid,  s.  34.  36.     It  shall  not  be  lawful  for  any  person  to  sell  or  ofier  for 

Dealers  in  meal  Ba-lCj  froiTi  any  cart,  wagou  Or  other  vehicle,  within  the  limits 

tain  licenses,      of  auy  market  within  the  city,  any  meal  or  flour  of  any  kind, 

without  first  obtaining  from  the  Comptroller  a  license,  for 

which  said  dealers  in  meal  or  flour  of  any  kind  shall  pay  ten 

Proviso.  dollars  to  sell  in   the  several  markets  of  the  city  ;  provided, 

that  said  license  shall  not  confer  the  right  to  sell  in  any  more 

than  one  market  at  the  same  time,  nor  out  of  more  than  one 

cart,  under  a  penalty  of  twenty  dollars  for  each   and  every 

ofl'once  ;  provided  further,  that  nothing  herein  contained  shall 

be  construed  as  extending  to  farmers  selling  the  produce  of 

their  farms,  or  to  the  manufacturers  of  meal  or  flour. 

Ibid,  8.  60.  37.     It  shall  not  be  lawful  for  any  person  to  sell  or  offer  for 

Sale  of  fresh      Sale,  witliin  thc  limits  of  any  of  the  markets  of  the  city,  ex- 
meat  regulated.  i       i  i  <  n  #•       i  ,     •         •  ^  a.\ 

cept  on  the  butchers  stalls,  anj'  iresh  meat,  in  pieces  Jess  tnan 


Markets.  641 

Article  XXXV. — Ordinances. 

a  quarter,  under  a  penalty  of  ten  dollars  for  each  and  every 
offence. 

38.  No  person  or  persons  shall,  at  any  time,  sell,  or  expose  ibid,  s.  51. 
for  sale,  within  the  limits  of  either  of  the  markets,  any  wine  saie  of  wine, 
or  spirituous  liquors  of  any  kind,  under  a  penalty  of  five  dol- 
lars for  each  and  every  offence. 

39.  It  shall  not  be  lawful  for  any  person  to  expose,  or  offer  no.  37, ».  es,  r. 
for  sale,  in  any  of  the  streets,  lanes  or  alleys  of  the  city,  any  cows.  &c., not 

rt.       ■, .  I  .      to  bo  sold  in 

COW  or  other  neat  cattle ;  and  any  person  offending  therem  streets, 
shall  forfeit  and  pay  a  sum  not  exceeding  two  dollars  nor  less 
than  fifty  cents  for  each  and  every  offence. 

40.  The  owner  or  owners  of  any  cow  or  cows,  with  or  with-  ibid,  s.  67. 
out  calves,  or  any  other  neat  cattle,  shall  pay  to  such  persons  Tax  on  sale  of 

•  1  •!  1  ^1-  COWS,  &c. 

as  shall  be  appointed  to  receive  the  same  the  sum  01  thirteen 
cents  on  each  and  every  head  of  cattle  so  exposed  or  offered 
for  sale,  or  which  may  be  taken  to  the  lot  enclosed  for  that 
purpose;  provided,  that  no  charge  shall   be  made  for  a  calf  proviso, 
when  accompanied  with  a  cow. 

41.  It  shall  not  be  lawful  for  any  person  or  persons  to  no.  53,  May  10, 
slaughter  any  calf,  and  expose  said  slaughtered  calf  for  sale  unlawful  to 
at  any  of  the  markets,  or  elsewhere,  within  the  limits  of  the  cawL  under 

1  /»  1  J       £•  1  •    1  1  '^°"'"  weeks'  old. 

City,  at  a  less  age  than  tour  weeks,  and  or  less  weight  than 
fifty  pounds  net  weight,  under  a  penalty  of  twenty  dollars. 

42.  No  person  or  persons  shall  place  or  expose  for  sale,  by  no.  27, »,  eo,  r. 
auction,  any  goods,  wares  or  merchandise,  or  furniture  of  any  Auctions  pro- 
kind,  within  the  limits  of  the  several  markets  of  the  city,  on  market  during 

market  hours. 

market  days  during  market  hours,  under  a  penalty  not  ex- 
ceeding twenty  dollars  for  every  such  offence. 


43.     It  shall  not  be  lawful  for  any  person  to  offer  at  public  ibid,s.  ei. 
sale,  or  place  on  the  footway  or  brick  pavement,  goods  of  any  Goods  not  t 

..  ,  •  t         p  1  •  1  •  '  ^  placed  on  f( 

description,  at  either  side  01  any  market  in  the  city,  without  ways. 
permission  first  had  and  obtained  from  the  Mayor,  under  the 


642 


Markets. 


Article  XXXV.— Ordinances. 


penalty  of  not  less  than  five  nor  more  than  fifteen  dollars  for 
each  and  every  offence. 


Public  scales 
and  weights  to 
be  taken  care 
of. 


Ibid,  8. 57.  44.     The  Mayor  is  hereby  authorized  to  contract  with  and 

employ  some  suitable  person,  under  such  security  and  upon 
such  terms  as  he  may  think  proper,  to  take  charge  of  the 
public  scales  and  weights,  who  shall  receive  for  the  use  of  the 
corporation,  for  every  draught  weighed  by  him,  from  the  per 
son  applying  therefor,  such  sum  as  the  Mayor  shall  fix,  and 
pay  over  the  same  to  the  Register  once  in  every  week  ;  but  the 

Rent  of  scales.  Mayor  is  hereby  authorized  to  rent  from  year  to  year,  upon 
the  best  terms  he  can  procure,  the  said  scales,  if  he  shall  think 
proper  so  to  do.* 

WAGONS,  &c. 

Ibid,  s  86,  45.     All  wagons,  carts  and  other  carriages  attending  the 

Wagons,  &c.,     market  on  market  days,  shall   be  placed  within  the  limits  of 

how  to  be  1  1       • 

placed  in  mar-   the  market  during  market  hours,  and  shall  be  arranged  in  such 
Proviso.  manner  as  the  clerk  of  the  market  shall  direct ;  provided,  that 

in  case  all  such  wagons,  carts  and  other  carriages  cannot  be  so 
arranged  in  one  row,  the  residue  may  be  placed  in  such  parts 
of  the  adjoining  streets,  and  in  such  manner  as  the  clerk  of 
the  market  shall  deem  right  and  proper ;  and  any  person 
offending  herein  shall  forfeit  and  pay  one  dollar  for  each  and 
every  offence. 


Ibid,  8.  36. 

Vehicles, 
horses,  tic,  in 
markets  regu- 
lated. 


46.  No  more  than  two  horses  or  other  beasts  of  draught 
shall  remain  fixed  to  any  wagon  or  sled,  nor  more  than  one 
horse  or  beast  of  draught  to  any  cart  or  other  carriage,  and 
no  wagon,  cart  or  other  carriage,  loaded  with  wood,  stone, 
brick,  hay,  dirt,  lime  or  lumber,  or  merchandise  of  any  kind, 
no  empty  wagon,  cart,  or  other  carriage,  and  no  hackney  car- 
riage shall  be  drawn  or  placed  in  the  limits  of  either  of  the 
markets  during  market  hours  on  market  days ;  and  no  horses 


*  See  sec.  36,  p.  528,  ante. 


Markets.  643 

Article  XXXV. — Ordinances. 

or  other  beasts  of  draught,  not  fixed  to  a  wagon  or  other  car- 
riage, and  no  unloaded  horse  shall  be  permitted  to  enter  or 
remain  within  the  said  limits  during  the  hours  and  days  afore- 
said, except  those  living  within  the  said  limits  going  to  or  from 
their  premises ;  but  this  shall  not  apply  to  any  farmer  who, 
having  disposed  of  his  produce,  may  wish  to  leave  the  market ; 
and  any  person  herein  offending  shall  forfeit  and  pay  one  dol-  penauy. 
lar  for  each  and  every  offfence,  and  any  person  or  persons 
obstructing  tiie  streets  within  the  limits  of  the  several  tnarkets, 
at  any  tiuie  not  designated  by  law  as  the  market  hours  of  such 
market,  shall  forfeit  and  pay  a  fine  of  five  dollars. 

47.  It  shall  not  be  lawful  for  any  person  or  persons  to  ibid,  s.  37. 
place  on  the  streets  of  the  market  houses  of  this  city,  any  streots  near 
wagon,  cart,  or  other  carriage,  or  any  barrel  or  barrels,  box  or  b"e"obstructed. 
boxes,  or  other  articles,  upon   any  day  (Saturday  excepted,) 

after  four  o'clock  in  the  afternoon,  between  the  first  day  of 
October  and  the  first  day  of  April,  and  after  six  o'clock  in  the 
afternoon  between  the  first  day  of  April  and  the  first  day  of 
October,  of  the  day  previous  to  the  regular  market  days,  the 
same  to  be  removed  before  three  o'clock  in  the  afternoon  of 
such  market  day,  under  a  penalty  of  ten  dollars  for  each  and 
every  offfence;  provided,  tliat  nothing  in  this  section  shall  be  Proviso, 
so  construed  or  applied  to  bacon  sellers,  as  to  prevent  them 
from  driving  directly  from  one  market  to  another,  and  occu- 
pying their  respective  stands  in  such  market;  and  that  noth- 
ing herein  contained  shall  be  so  construed  as  to  allow  the  uaeon  carta  pro- 
bacon  carts  or  others  to  occupy  their  stands,  or  to  remain  on  jmssing thi'mi-h 

sti-.-pts  on  Sub- 

any  ot  tlie  streets,  lanes  or  alleys,  or  to  pass  through  any  or  t>.'th. 
the  streets,  lanes  or  alleys  of   the  city  on  the  Sabbath  day,  Penalty. 
under  a  penalty  of  five  dollars  for  each  offence 

48.  No  person  shall  place  any  horse  or  beast  of  burden  ibid,s.  40. 

within  five  feet  of  any  wagon,  cart,  or  other  vehicle,  or  within  Location  of 

two  feet  of  any  of  the  flag-stones  within  the  limits  of  any  of  oips.ic.,. it  cer- 
tain hours. 
the  markets,  after  five  o'clock  in  the  afternoon  of  the  day  pre- 


644  Markets. 

Article  XXXV. — Ordinances. 


Penalty.  Ceding  market  days,  or  during  market  hours,  under  a  penalty 

of  two  dollars  for  each  offence. 

Ibid,  s.  56.  49.     If  any  butcher  or  person  employed  in  vending  meat  or 

Penalty  for        Vegetable  provisious  shall  bring,  or  cause   to  be  brought,  on 

bringing  carts,  ,.■,■,..  r,        •  ■> 

&c,  into  the      market  days,  within  the  limits  of  said  markets,  any  cart  or 

market.  /    ^  . 

other  carriage  within  market  hours,  every  person  so  offending 
shall  forfeit  and  pay  a  fine  not  exceeding  two  dollars. 

Ibid,  s.  54.  50.     The  avenues  or  footways  for  the  passing  of  all  persons 

Avenues,  &c.,    froiu  tlic  slicd  parts  of  the  market  houses  to  the  places  assigned 

to  be  kept  open. 

for  the  stations  of  the  wagons  shall  be  kept  open,  so  that  the 
same  may  be  severally  opposite  to  the  several  avenues  of  the 
brick  buildings;  the  said  avenues,  and  all  other  avenues  or 
footways  of  said  market  houses,  shall  be  kept  free  and  clear 
of  and  from  all  obstructions  whatsoever,  under  a  penalty  of 
one  dollar  for  each  and  every  offence. 

LIMITS,  &c. 

Ibid,  8. 63.  51.     A   plat  embracing  the  entire  limits  of  each  market 

Plats  of  markets  shall  be  providcd  by  the  Mayor,  distinguishing  the  numbers 
of  the  respective  stalls,  shambles,  benches,  stands  and  places, 
and  a  copy  thereof  shall  be  kept  by  the  Register  and  another 
by  the  clerk  of  the  market,  and  the  expenses  of  providing  the 
same  shall  be  defrayed  out  of  the  incidental  fund. 

Ibid,  8. 70,  52.     It  shall  not  be  lawful  for  any  person  to  fill  or  cause  to 

Water  not  to  be  be  filled  with  watcr,  drawn  from  the  reservoir  situate  between 
Fell's  Point       the  market  houses  on   Fell's  Point,  any  barrel,  hogshead,  or 

reservoir  for  ./  o  7 

shipping  pur-  other  Water  cask,  whatsoever,  for  shipping  purposes,  under  a 
penalty  not  exceeding  twenty  dollars  for  each  and  every 
offence. 

Ibid,  s.  71.  53.     If  any  person  shall  deface  any  portion  of  any  market 

Penalty  for  de-  housc,  or  any  appendage  thereto,  or  shall  cast  or  throw  any 

facing  market  1     •    i  1  •      •  1 

houses, &c.  Stone,  brick  or  any  other  missile,  or  place  any  trestle  or  other 
lumber  on  the  roof  of  any  market  house,  or  any  shed  or  other 


Makkets.  645 

Article  XXXV. — Ordinances. 

appcndaf^e  thereto,  or  clinib  on  or  walk  upon  the  roof  of  the 
same,  each  and  every  person,  for  each  and  every  such  offence, 
shall  forfeit  and  pay  a  sum  not  exceeding  five  dollars. 

54.     Nothing  in  this  article  shall  be  so  construed  as  to  aft'ect  iwd,  s.  72. 
the  rights  of  property  holders  or  tenants  within  three  feet  of  Rights  of  prop. 

, ,       ,      . ,  1 .         1  •  *'''y  holders. 

the  building  line. 

56.     It  shall  not  be  lawful  for  any  person  or  persons  to  cook  ibiu.s.  47. 
any  meat  or  other  victuals  within   the  limits  of  any  of  the  cooking 
market  honses,  under  a  penalty  of  five  dollars  for  each  ofience.   *  *'"^°' 


in  mar> 
ibited. 


MARKET  DAYS  AND  HOURS. 

56.  The  market  days  shall  be  Monday  and  Thursday  at  No.43,Aprii2i, 
the  Hanover  and  Richmond  markets;  Tuesday  and  Friday  at  Market  days, 
the  Fell's  Point,  Belair,  Cross  Street  and  Lexington  markets ; 
Monday,  Wednesday  and  Saturday   at   the   Centre  market; 
Wednesday  and  Saturday  at  the   Eollins  market,  and  also 
Saturday  evenings  at  each  of  said  markets.     Monday,  Thurs- no.  i.nov.  14, 
day  and  Saturday  are  hereby  designated  as  the  regular  market  iviarket  days  at 
days  of  the  Lafayette  market  house.*  ket.''^*  *    " 

57.  The  market  hours  at  the  Centre,  Lexington,  Belair,  No.  27, 8.9,  r. 

°  ,  O.;  No.  44,  June 

Hollins  street  and  Hanover  markets  shall  begin  at  daylight  2. '62 ;  No.  47, 

_*=>  -^     »        July  2,  '60. 

and  end  at  eleven  o'clock  in  the  forenoon,  during  the  months  Market  hours, 
of  October,  November,  December,  January,  February  and 
March,  and  begin  at  six  o'clock  A.  M.  and  end  at  half-past 
ten  o'clock  in  the  forenoon  during  the  remainder  of  the  year; 
the  market  hours  at  Fell's  Point  market  shall  begin  at  day- 
light and  end  at  twelve  o'clock  noon,  during  the  months  of 
October,  November,  December,  January,  February  and  March, 


*  The  market  days  for  the  Centre,  Hanover  and  Fell's  Point  markets  were 
established  in  1784.    See  Acts  of  1784,  c.  62,  and  1785,  c.  33. 


6i6  Markets. 

Article  XXXV. — Ordinances. 


and  end  at  eleven  o'clock  in  the  forenoon  during  the  remain- 
der of  the  year ;  the  market  hours  at  the  Richmond  market 
shall  begin  at  two  o'clock  and  end  at  six  o'clock  in  the  after- 
noon ;  the  market  hours  at  Cross  street  market  shall  begin  at 
daylight  and  end  at  eleven  o'clock  in  the  forenoon  during  the 
months  of  October,  November,  December,  January,  February 
and  March,  and  end  at  ten  o'clock  in  the  forenoon  during  the 
remainder  of  the  year  ;  and  for  the  Saturday  evening  market, 
the  market  hours  at  all  the  markets  hereinbefore  named  shall 
begin  at  sunset,  and  end  at  eleven  o'clock  in  the  evening, 
except  the  Fell's  Point  and  Belair  markets,  which  shall  begin 
at  three  o'clock  and  end  at  eleven  o'clock ;  the  Hollins  street 
market,  which  shall  begin  at  two  o'clock  and  end  at  ten 
o'clock,  and  the  Cross  street  market,  which  shall  begin  at  three 
No.  5,  s.^Nov.  o'clock  and  end  at  ten  o'clock.     Market  hours  at  the  Lafayette 

18, '71.  _  _  -^ 

Market  hours  at  market  shall  begin  at  daybreak  during  the  months  of  October, 

Lafayette  mar-5 

I'et.  November, December,  January   February  and  March,  and  end 

at  eleven  o'clock  A.  M.,  and  during  the  remainder  of  the  year 
shall  begin  at  the  same  time  and  end  at  ten  o'clock,  and  those 
for  Saturday  shall  commence  at  three  o'clock  P.  M.,  and  end 
at  eleven  o'clock  P.  M. 

SALARIES  OF  OFFICERS  OF  MARKETS. 


No.  19, Mar. 34,      58.     The  Several  officers  mentioned  in  this  section  shall  re- 

'66 ;  No.  12, 

Ma 

37, 

No.  26,Ai)l.  1, 

'64. 


7*juneT4'  '65"'  y^i'^cas  compensation  the  annual  salaries  herein  allowed  them  : 


Salaries. 


BELAIR  MARKET. 


No.  11, Mar  18,      Clerk,  sovcu  hundred  dollars:  cleaner,  three  hundred  dol- 

'73.  '  '  ' 

lars. 

BROADWAY  MARKET. 

No. 30, s.  a.  Keeper  of  hall,  four  hundred   dollars:  and  the  Register  is 

May6, 'G.1.  '  '  '  & 

Expenses.  licrcby  dircctcd  to  pay  to  the  keeper  the  sum  of  one  hundred 
dollars  per  annum,  or  so  much  thereof  as  may  be  necessary,  for 
brooms,  soap  and  other  articles  to  be  used  in  cleaning  said  hall. 


Markets.  647 

Article  XXXV. — Ordinances. 


CENTRE  MARKET. 
Clerk,  tour  liundred  and  fifty  dollars;  assistant  clerk,  three  No. si.  Junesr 

'  ,  .  '  '70  ;  No.  34, 

hundred  and  fifty  dollars  ;  cleaner,  six  hundred  dollars;  keeper  api.  7, '64. 
to  Institute  market,  five  hundred  dollars  ;  and  the  Register  is  Expenses, 
hereby  directed  to  pay  to  the  said  keeper  twenty -five  dollars 
per  annum  for  brooms,  soap  and  other  articles  to  be  used  in 
cleaning  said  market  house. 

CROSS  STREET  MARKET. 

Clerk  and  keeper  of  Cross  street  market  hall,  eight  hundred  no.  ii.mm.  is, 
dollars;  cleaner,  fifty  dollars. 

FELL'S  POINT  MARKET. 

Clerk,  four  hundred  and  fifty  dollars;  cleaner,  three  hun- 
dred and  sixty  dollars;  provided  that  it  shall  be  the  duty  of 
said  cleaner  to  clean  both  the  old  and  new  market-houses,  and 
to  take  charge  of  and  keep  in  a  cleanly  condition  the  lamps  in 
and  around  said  market,  and  light  the  same. 

HANOVER  MARKET. 

Clerk,  four  hundred  and  fifty  dollars;  cleaner,  three  hun- 
dred dollars. 

HOLLINS  STREET  MARKET. 

Clerk,  five  hundred  dollars;  provided,  that  it  shall  be  the 
duty  of  said  clerk,  in  addition  to  the  duties  now  performed  by 
him,  to  take  full  charge  of  the  hall  over  said  market,  to  keep 
said  hall  in  a  cleanly  condition,  and  to  light  np  said  hall  when 
necessary  ;  cleaner,  one  hundred  and  twenty  dollars. 

LAFAYETTE  MARKET. 
Clerk,  three  hundred  dollars.  No.  5,  May  is, 

'  '71. 


648  Markets. 

Article  XXXV.— Ordinances. 


LEXINGTON  MARKET. 

Clerk,  four  hundred  and  fifty  dollars  ;  assistant  clerk,  three 
hundred  and  fifty  dollars  ;  cleaner,  four  hundred  and  eighty 
dollars. 

RICHMOND  MARKET. 

No.  11,  Mar.  18,      Clerk,  four  hundred  and  fifty  dollars  ;  cleaner,  two  hundred 
Ibid,  8. 2.         and  forty  dollars. 

BEL-AIR  MARKET. 

No.  27,  s.  5,  R.        59.     The  limits  of  the  Belair  market  shall  include  the  mar- 
Limits  of         ket  house  and  the  space  on  each  side  thereof,  and  Forrest 

Belair  market.  '■ 

street  from  the  market  space  eastwardly  to  Douglass  street, 
and  from  the  market  space  westwardly  to  Hillen  street,  and 
the  width  of  Hillen  street  northwardly  to  Monument  street ; 
the  limits  of  the  said  market  to  be  subject  to  the  provisions 
regarding  footways  prescribed  by  section  69,  ordinances  of  this 
article.* 


*By  the  Act  of  1843,  c.  309,  the  Belair  market  space  was  extended  in  the 
following  manner,  that  is  to  say :  beginning  for  one  side  of  the  said  exten- 
sion on  the  northeast  side  of  nortli  Gay  street,  where  the  southwesternmost 
side  of  the  then  Belair  market  space,  if  continued,  would  intersect  the 
northeast  side  of  Gay  street,  and  running  thence  northerly  with  the  same 
range  of  the  Belair  market  space,  until  it  intersects  the  southwesternmost 
side  of  Forrest  street ;  and  beginning  for  the  other  side  of  the  said  extension 
on  the  northeast  side  of  north  Gay  street,  at  the  distance  of  Forrest  street, 
northerly  from  where  the  northeast  line  of  the  said  Belair  market  space,  if 
extended,  would  intersect  the  said  northeast  side  of  Gay  street,  and  running 
thence  northeasterly  parallel  with  the  first  described  line,  until  it  intersects 
the  west  side  of  Forrest  street,  and  all  the  grounds  contained  within  the  said 
lines  of  Gay  street,  and  forty  feet,  and  Ensor  street  are  added  to  and  in- 
cluded in  the  Belair  market  space. 

By  1844,  c.  224,  the  Mayor  and  City  Council  were  authorized  to  proceed 
to  condemn  and  appropriate,  for  the  purpose  of  extending  the  Belair  market 
space,  the  property  embraced  within  the  following  description,  viz :  begin- 
ning for  the  southwesternmost  side  of  said  contemplated  exten  sion,  at  a 
point  on  the  northwest  side  of  North  Gay  street,  where  the  southwest  side 
of  the  then  Belair  market  space,  if  extended,  would  intersect  the  north- 


Markets.  649 

Article  XXXV. — Ordinances. 

60.  The  clerk  of   the  Belair  market  shall  give  bond  as  no.  27,  s.  15,  r. 

o. 

prescribed    by   section    4,   ordinances,  of  this  article,   in   the  Bondof  cierk. 
penalty  of  one  thousand  dollars. 

61.  In  the  Belair  market  houses,  the  butchers' stalls  shall  no.  27,  s.  19,  r. 

o. 

be  at  a  rent  of  twenty  dollars;  the  permanent  benches,  three  Rent  of  stalls 

and  benches. 

dollars ;  and  the  eave  benches,  two  dollars ;  in  the  fish  market 
houses,  the  two  middle  rows  of  benches  shall  be  at  a  rent  of 
four  dollars,  and  the  two  outer  rows  at  a  rent  of  two  dollars.* 

west  side  of  North  Gay  street,  and  running  northwesterly  with  the  same 
range  of  the  said  market  space,  until  it  intersects  the  southwest  side  of  For- 
rest street,  and  thence  with  tlie  southwest  side  of  Forrest  street  to  the  south- 
ernmost intersection  of  Forrest  and  Hillen  streets ;  and  beginning  for  the 
northeastern  most  side  of  said  contemplated  extension,  at  a  point  forty  feet 
northeasterly,  on  the  northwest  side  of  north  Gay  street,  from  where  the 
northeasternmost  side  of  the  present  market  space  would  intersect  the  said 
northwest  side  of  north  Gay  street,  if  extended,  and  running  thence  north- 
westerly until  it  intersects  the  southeasterly  side  of  Ilillen  street,  at  a  point 
one  hundred  and  sixty  feet  from  the  southeasternmost  corner  of  Forrest  and 
Hillen  streets. 

No.  32,  May  19,  1865,  authorized  the  building  of  an  additional  market 
house  at  the  Belair  market.  It  further  provided,  that  the  Comptroller 
should,  on  the  completion  of  the  market  house,  proceed  to  sell  in  perpetuity 
all  the  permanent  stalls  in  the  same  at  public  sale  to  the  highest  bidder; 
provided  that  he  might  in  his  discretion,  withdraw  any  stall  or  stalls  should 
the  bid  be  less  than  he  deemed  to  be  the  value  of  the  same,  and  that  the  rent 
of  the  said  stalls  should  be  regulated  and  fixed  by  him,  at  such  prices  as  in 
his  judgment  were  fair  and  equitable;  and  that  the  said  market  house  shall 
in  all  respects  be  governed  by  the  ordinances  of  the  Mayor  and  City  Council 
of  Baltimore. 

By  Res.  No.  332,  June  26,  1868,  the  Comptroller  was  authorized  and  di- 
rected to  contract  with  and  purchase  from  the  owners  the  lot  of  ground  and 
improvements  now  erected  thereon,  (beginning  for  the  same  at  the  corner  of 
Forrest  and  Low  streets,  binding  on  the  south  side  of  Low  street  forty -one 
feet,  and  running  thence  parallel  with  Forrest  until  it  intersects  Friendship 
street ;  thence  along  Friendship  street  to  Forrest ;  thence  along  Forrest 
street  to  the  place  of  beginning,)  for  the  purpose  of  the  further  extension  of 
the  Belair  market ;  and  by  No.  188,  June  22, 1870,  the  City  Commissioner 
was  authorized  and  directed  to  have  erected  an  additional  market  house  on 
the  lot  described  in  aforegoing  resolution  on  the  plan  submitted  to  the  Council. 

*  For  sale  of  stall  in  this  market,  see  Musgrave  v.  Stuyhr,  adm.  36  Md. 
124. 


650 


Maukets. 


Article  XXXV. — Ordinances. 


BROADWAY  MARKET. 


No.  30,  May  6, 

'65. 

Keeper  of  hall 

over  Broadway 

market. 


His  duty. 


No.  27,  i.  15,  R, 

O. 

Bond  of  clerk. 


No.  30,  s.  3, 
May  6,  '65. 
Penalty. 


Ibid,  8.  4. 

Defacing,  &c., 
hall. 


Penalty. 


62.  It  shall  bu  the  duty  of  the  Mayor,  with  the  approba- 
tion of  the  City  Council,  to  appoint  a  keeper  for  the  hall 
erected  over  the  Broadway  market,  whose  duty  it  shall  be  to 
have  charge  of  said  hall,  subject  to  such  ordinances,  rules 
and  regulations  as  may  be  prescribed  by  the  Mayor  and 
City  Council;  and  whose  further  duty  it  shall  be  to  assist 
the  clerk  of  the  Broadway  market  in  the  performance  of  his 
duties  in  said  market  on  market  days. 

63.  The  clerk  of  Broadway  market  shall  give  bond  as  pre- 
scribed by  section  4,  ordinances,  of  this  article,  in  the  pen- 
alty of  five  hundred  dollars. 

64.  For  all  violations  of  the  provisions  of  section  62,  or  inter- 
ference with  the  keeper  in  the  execution  of  his  duty,  the  penalty 
shall  be  the  same  as  is  prescribed  in  this  article  for  the  regula- 
tion of  markets. 

65.  It  shall  bo  the  duty  of  the  clerk  of  the  Broadway 
market,  and  the  keeper  of  the  hall,  to  prevent  the  defacing, 
mutilating  or  injuring  the  walls  or  any  portion  of  the  hall 
erected  over  the  Broadway  market  in  any  manner  whatever; 
and  any  person  or  persons  wilfully  defacing,  mutilating  or  in- 
juring the  walls,  or  any  portion  of  said  hall,  shall  be  subject 
to  a  fine  of  five  dollars  for  each  and  every  offence.* 


*The  Broadway  market  house  was  erected  under  ordinances  Nos.  30, 
April  7,  '64,  and  79,  June  9,  '64,  on  the  vacant  space  of  ground  on  Broad- 
way, between  Canton  avenue  and  Aliceanna  street.  No.  30  autliorized  the 
Comptroller  to  rent  the  public  liall  in  the  upper  story,  and  to  sell  in  perpet- 
uity all  the  permanent  and  movable  stalls  in  the  same,  at  public  sale,  to 
the  highest  bidder,  for  cash ;  provided  he  might,  in  his  discretion,  withdraw 
any  stall  or  stalls,  should  the  bid  be  less  than  he  deemed  the  value  of  the 
same,  and  that  the  rent  of  the  said  stalls  should  be  regulated  and  fixed  by 
him,  at  such  prices  as  in  his  judgment  would  best  promote  the  interests  of 
the  city  and  the  prosperity  of  the  market. 

No.  30  further  provided  that  the  said  market  house  shall  in  all  respects  be 


Makkets.  651 

Article  XXXV. — Ordinances. 
60      All  wafirous  and  other  vehicles  which  may  occupy  stands  Res.  No.  251, 

"  •'  ^•'  July  2,  '72. 

on    the   t)ed    of   the   street,  on    each  side   of   the    Broadway  Wagous  and 

,  vehicles  to  re- 

market, trom    Canton    avenue    to    Lancaster  street,  shall  be  ^^se  position. 

reversed  in  such  a  manner  as  to  expose  their  products  for  sale 

on  the  side  of  the  street  nearest  the  sidewalk,  and  the  clerk  of 

the  market  shall  see  that  this  section  is  conformed  to. 

CANTON  MARKET. 
67.     The  rent  of  the  butcher  stalls  shall  be  fixed  at  ten  dol-  No.  4,  Dec.  6, 

'59, 

lars  ])er  annum,  payable  quarterly  in  advance  ;  the  eave  stalls  Rents  and  u- 

,    , ,  J      1        1  censes  of  stalls. 

at  one  dollar  and  the  bench  stalls  at  two  dollars  per  annum, 
payable  in  advance,  as  also  the  usual  license;  subject  to  all 
ordinances,  resolutions,  rules  and  regulations  which  now  arc 
or  may  hereafter  be  passed,  regulating  markets.* 

governed  by  tlie  ordinances  of  the  Mayor  and  City  Council  in  relation  to 
markets. 

By  resolution  No.  309,  Oct.  14,  1872,  permission  was  granted  Captain  R. 
A.  Cashmyer,  commanding  Co.  A,  1st  Cavalry,  M.  N.  G.,  to  have  the  use 
of  the  hall  over  Broadway  market  as  a  drill  room,  for  company  A,  1st 
Cavalry,  M.  N.  G.,  on  each  first  and  third  Friday  night  in  every  month  from 
7  o'clock  until  11  o'clock;  the  expense  of  the  gas  light  aud  cleaning  of  said 
hall  to  be  borne  by  said  command,  for  the  nights  on  which  the  hall  is  so 
used ;  and  the  further  condition  being,  that  the  rank  and  file  of  said  com- 
pany shall  at  no  time  be  less  than  one  hundred  active  members,  the  permission 
hereby  granted  to  be  revoked  upon  six  months'  notice  to  that  effect  from 
the  Mayor. 

*  The.  Comptroller  was  authorized  by  this  ordinance  to  sell  in  perpetuity 
all  the  stalls  in  the  Canton  market  house,  at  either  public  or  private  sale,  to 
the  highest  bidder. 

The  Canton  market  house  was  erected  under  ordinance  No.  99,  July  14, 
'59,  which  provides  that  on  the  execution  of  a  deed  to  the  Mayor  and  City 
Council  of  Baltimore  by  the  Canton  Company  of  Baltimore,  of  all  that  piece 
or  parcel  of  ground  in  the  city  of  Baltimore,  lying  in  the  centre  of  O'Don- 
nell  street,  and  seventy-five  feet  in  width,  and  extending  from  Patuxent 
street  a  distance  of  about  three  hundred  and  forty  feet  easlwardly  to  Poto- 
mac street,  to  be  used  forever  as  a  public  market,  the  City  Commissioner  is 
authorized  and  directed  to  have  constructed  on  the  east  an'}  of  the  lot,  a 
market  liouse  (similar  to  the  market  house  on  the of  the  Lexington 


652  Markets. 

Article  XXXV. — Ordinances. 

No.  27,  s.  15,  R.      68.     The  clerk  of  Canton  market  shall  give  bond  as  prc- 
Bond  of  clerk,    scribcd  by  section  4,  ordinances,  of  this  article,  in  the  penalty 
of  five  hundred  dollars. 

CENTRE  MARKET. 
No.27,s.i,  R.       (39,     The  limits  of  the  Centre  market  shall  be  as  follows : 
Limits  of  befifiniiino;  with  the  kerb  stone  on  the  south  side  of  Baltimore 

Centre  market.         "  ^ 

street  and  running  southerly  the  whole  width  of  market  space 
to  Pratt  street,  and  from  the  east  line  of  the  space  east  with 
the  Fish  market  space  and  the  width  thereof  to  Jones'  Falls; 
also,  from  the  west  line  of  the  first  named  space  west  on 
Second  street,  within  the  kerb  stones,  to  Frederick  street,  and 
north  from  Baltimore  street,  on  Harrison  street,  and  within  the 
Proviso.  kerb  stones,  to  the  bend  in  said  street ;  provided,  however,  that 

nothing  herein  contained  shall  be  construed  to  interfere  with 
the  rights  and  privileges  of  the  occupier  or  occupiers  of  any 
of  the  houses  on  the  spaces  above  mentioned,  or  with  the  free 

market,)  to  be  sixty  feet  wide  and  one  hundred  and  fifty  feet  long ;  said 
market  house  te  be  built  of  the  best  materials,  and  in  a  good  and  workman- 
like manner — the  contract  to  be  awarded  to  the  lowest  responsible  bidder, 
after  advertising  in  two  of  the  daily  papers  for  the  space  of  two  weeks,  ac- 
cording to  the  ordinances  of  the  city.  It  further  provides  that  said  Canton 
market  shall  in  all  respects  be  governed  by  the  ordinances  of  the  Mayor  and 
City  Council  in  relation  to  markets.  The  Canton  Company  engages  that  it 
will  not,  at  any  time,  rent  or  lease  any  part  of  its  property  to  be  used  as  a 
market  house. 

By  ordinance  No.  106,  June  19,  1871,  the  Comptroller  Was  authorized  and 
directed  to  lease  to  the  Canton  Company  the  property  known  as  the  Canton 
market,  situated  on  O'Donnell  street,  with  all  the  rights,  privileges,  and 
powers  of  said  Mayor  and  City  Council  to  rent  and  collect  the  rents  from 
the  stalls  and  stands  in  and  around  said  market,  and  to  do  all  things  neces- 
sary for  holding  market  thereat,  and  to  exercise  absolute  control  thereof 
under  such  regulations  as  are  established  for  the  government  of  other 
markets  in  the  city  of  Baltimore  not  inapplicable  to  said  Canton  market,  as 
prescribed  by  ordinance,  for  the  term  of  five  years,  subject,  however,  to 
such  sales  or  leases  of  stalls  as  may  have  been  made  by  said  Mayor  and 
City  Council,  or  the  agent  thereof;  provided,  that  said  Canton  Company  of 
Baltimore  shall  thoroughly  repair  said  market,  and  maintain  it  in  good 
order  during  the  said  term  of  five  years. 


Markets.  653 

Article  XXXV. — Ordinances. 

passage   of  the  footways  ;  and  provided,  also,  that  nothing  in  Proviso, 
this  ordinance   contained  shall  be  construed  to  authorize  the  Footways, 
placing  of  stalls,  stands  or  benches  on  any  footway. 

70.  The  dividing  line  in  the  market,  on  Fish  market  space,  no.  13,  Api.  11, 
shall  be  run  at  rigiit  angles  from  the  kerbstone  to  the  kerb  Market  on  osh 
stone  striking  the  centre  of  tlie  open  space  l)ctween  stalls  num-    '^'  *  ''''"^^' 
bered  17  and  18,  and  those  numbered  19  and  20. 

71.  Tlie  whole  of  the  market  house  on  Fisli  market  space  iwd,  11.9. 
is  declared  a  market  exclusivel}'  for  the  sale  of  all  varieties  of '73. 
fresh  fish,  whether  scaled  or  not,  and  all  that  part  of  street  presh  Ash. 
space  on    north   and   south   side  of  said  market,  to  be  for  the 

sale  of  fresh  fish  ;  two  stalls  west  of  the  dividing  line,  under 

cover,  and  all  that  part  of  street  space  west  of  dividing  line  last  vegetables  »nd 

named,  to  be  set  apart  for  vegetables  and  fruits  of  various  kinds. 

72.  All  licenses  issued  by  the  Comptroller  for  stalls  shall  ibia.s.  3. 
conform,  by  expression,  to  the  privileges  granted  in  the  pre- License  to  con- 
ceding section. 

73.  The  stalls  in  the  market  liouse,  on  Fish  market  space,  ibid,  s.  4. 
cast  of  the  dividing  line,  shall  be  kept  cleared  of  all  boxes  or  Boxes  removed, 
(uimbrous  articles,  and  the  clerk  is  directed  to  rent  no  stall  or 

stalls,  to  any  person  or  persons,  unless  they  intend  to  occupy 
them  for  the  sale  of  fresh  fish. 

74.  The  several  stalls  erected  on  the  former  site  of  the  No.  17,  Api. .% 

'60. 

ofiice  of  the  clerk  of  Centre  market  are  hereby  set  apart  for  stalls  in  centre 

r»   1  1        f  1  ^        market  for  sale 

the  sale  of  cheese  and  salt  fish,  and  the  clerk  of  said  market  of  cheese  and 

salted  iisb. 

is  hereby  directed  to  remove  or  transfer  to  the  aforesaid  new 
stalls,  those  persons  engaged  in  vending  cheese  and  salt  fish 
on  the  several  stalls  immediately  in  the  rear  of  the  same  ;  and 
he  is  directed  to  set  apart  the  several  rear  stalls  vacated  by 
such  removal  to  the  exclusive  purpose  of  vending  cheese  and 
salt  fish.* 


*  Res.  No.  161,  May  13,  '59,  and  No.  113,  Sept.  24,  '59,  autliorized  the  erec- 
tion of  a  new  market 'house  at  the  Centre  market,  between  Second  and 


654  Markets. 

Article  XXXV. — Ordinances. 


No.  27,  s.  15,  R.      75.     The  clerk  of  the  Centre  market  shall  srive  bond  as  pre- 

0.  ...  1 

Bond  of  clerk,  scribcd  by  scction  4,  ordinances  of  this  article,  in  the  penalty 
of  fifteen  hundred  dollars. 

No.  37,s.  7,R.        76.     There  shall  be  appointed  one  assistant  clerk  for  Centre 

Assistant  clerk,  market. 

Ibid,  s.  14.  77.     The  clerk  of  the  Centre  market  shall  have  the  street 

Clerk  te  have     on  cach  sidc  of  tlic  Centre  fish  market  washed  on  the  after- 
noons of  Wednesday  and  Saturday,  during  the  herring  and 
Penalty.  shad  scasons  of  each  and  every  year,  under  a  penalty  of  ten 

dollars  for  each  and  every  neglect. 

No. 96,  Api.  10.      78.     The  following  annual  rem  shall   be  imposed  and  ro- 

'73;  No.  27,  s.  ,  .  1  .•  X     11 

14,  R.  o.  quired  to  be  paid  in  quarterly  payments  m  advance  tor  stalls 

Rent  for  stalls  iu  the  Ccutrc  market,  that  is  to  say:  in  the  upper  Centre 
market  the  butchers'  stalls  shall  be  at  a  rent  of  twenty  dollars, 
the  permanent  benches  on  the  east  and  west  sides  four  dollars, 
and  the  eave  benches  two  dollars ;  in  the  middle  and  lower 
market  houses  the  butchers'  stalls  shall  be  at  a  rent  of  sixteen 
dollars,  the  permanent  benches  on  the  east  and  west  sides  to 
be  four  dollars,  and  the  eave  benches  two  dollars,  in  the  fish 
market  house,  the  two  middle  rows  of  stalls  shall  be  at  a  rent 
of  seven  dollars;  and  the  two  outer  rows  at  a  rent  of  three 
dollars. 

No.  10.  Mar.  15,      79.     The  locatiou  to  be  allotted  to  dealers  for  the  sale  of 

'73 

Location  for      clicese,  saltcd,  curcd  and   dried   fish  in   the  Centre  market,  is 
istc. under  di-'  placcd   undcr  the  supervision  and  direction  of  the   clerk  of 

rection  of  clerk.  '^ 


Lombard  streets.  Ord.  No.  113  authorized  the  City  Commissioner  to  have 
the  clerk's  office  removed  from  the  fish  market  to  second  story  of  the  new- 
building,  and  to  lay  out  as  many  new  stalls  as  could  be  placcd  on  the  space 
occupied  by  the  clerk's  office  of  the  Centre  market,  and  to  place  as  many 
new  stalls  in  the  centre  of  the  market  as  the  increase  of  length  would  allow. 
This  ordinance  further  directed  the  Comptroller  to  dispose  of  such  new 
stalls  as  might  be  made  under  this  ordinance,  in  accordance  witli  the  ordi- 
nances of  the  city. 


Markets,  655 

_^ rf , . 

Article  XXXV. — Ordinances. 

Centre  market,  with  the  privilege  of  locating  them  on  any  of 
the  eave  or  permanent  stalls  in  said  market,  as  he  may  deem 
best  for  the  interest  of  the  city. 

80.  The  permission  granted  by  section   20,  ordinances  of  No.  J7,s.46,  r 
this  article,  shall  not  be  construed  to  allow  any  meats  or  other  Meats  and 
cooked  provisions  of  any  kind    whatever  to  be  sold  or  exposed  >"»». 

for  sale,  on  any  permanent  or  eave  bench  in  Centre  market, 
unless  such  permanent  or  eave  bench  be  located  as  prescribed 
by  ordinance. 

81.  Swan  street,  running  from   the   east   side  of  Centre  no.  27,  s.  64,  r. 
market  to  the  Falls,  is  hereby  appropriated  for  the  purpose  of3,'w. ' 

the  public  sale  of  horses,  mares  and  geldings,  and  vehicles  to  Time  and  place 

I'll  11  -TTT         1  l  »       f^  -1  ''"'  ""^  ^*'*  °' 

which   they  may  be  attached,  on   Wednesday  and  Saturday  horses. &c,, aes- 

of  each  week,  from  eleven  o'clock  in  the  morning  until  three 

o'clock  in  the  afternoon ;  and  it  shall  not  be  lawful  for  any 

person  or  persons  to  use  said  street  for  the  purpose  of  a  horse  where  horseB, 

market  on  any  day  in  the  week  except  the  days  herein  named,  soid. 

under  a  penalty  of  ten  dollars  for  each  and  every  offence  ;  and 

if  any  person  or  persons  expose  for  public  sale  in  any  other  of 

the  streets,  lanes  or  alleys  of  the  city,  any  horse,  mare  or 

gelding,  he,  she  or  they  so  offending,  shall  forfeit  and  pay  a 

sum  not  exceeding  five  dollars  for  each  and  every  offence. 

82.  Nothing  contained  in  section  46,  ordinances  of  this  no.  27.  ?.  36,  r. 
article,  shall  be  so  construed  as  to  prevent  any  person  or  per-  Driving  across 

.     .  '  '  Centre  market 

sons  ridmg  or  driving  any  horse  or  horses,  fixed  or  not  fixed  spare  at  Lom- 

"  "  •'  '  bard  or  Pratt 

to  a  wagon  or  other  carriage,  across  the  Centre  market  space,  streets, 
at  the  intersection  of  Lombard   street   and  market  space,  or 
Pratt  street  and  market  space,  which  intersection  shall  be  kept 
open  for  the  said  purpose. 

83.  The  limits  within  which  hucksters  or  persons  living  in  No.  27, s.  30,  r. 
the  city  and  dealing  in  the  articles  of  butter,  eggs  or  poultry,  whatumits 

Inirksters  to 

or  either  or  any  of  them  may  dispose  of  or  oner  the  same  lor  keep, 
sale,  to  be  designated  by  the  Mayor  shall  be  follows:  south  of 


656  Markets. 

Article  XXXV. — Ordinances. 


a  line  commencing  at  Jones'  Falls,  and  running  westwardly, 
bounding  on  the  south  side  of  Fish  market  space,  until  it  inter" 
sects  the  west  side  of  Centre  market  space. 

INSTITUTE  MARKET. 

Res  No.  36,  84.     The  clcrk  of  the  Centre  market  is  hereby  authorized 

Wagons  outside  and  dircctod  to  place  the  country  wagons,  and  the  vehicles 
ket  house.  of  Other  dealers  who  sell  outside  the  Institute  market  house, 
in  such  manner  as  to  equalize  them  as  near  as  can  possibly 
be  done  upon  the  east  and  west  sides  of  said  market  house, 
and  he  shall  prohibit  all  wagons  from  occupying  any  of 
the  adjacent  streets  while  there  is  room  left  for  their  accom- 
modation upon  the  sides  of  the  market  houses. 

Res.  No.  337,         85.     It  shall  be  the  duty  of  the  Mayor,  with  the  approba- 

Jimel7,'74;  •'  "^  , 

No.28, s.  i.R.  tion  of  tlie  City  Council,  to  appoint  a  keeper  to  the  market 
Keeper  to  mar-  housc  uudcr  the  Maryland  Institute;  who  is  hereby  authorized 
Maryland  insti-  and  directed  to  keep  open  day  and   night,  all  the  doors  of  the 

tute. 

His  duties.  market  house  under  his  charge,  until  otherwise  ordered;  and 
any  keeper  offending  against  the  provisions  of  this  section,  shall 
be  fined  for  each  offence  a  sum  not  less  than  one  dollar,  nor  more 
than  five  dollars,  to  be  collected  as  other  fines  are  collected  ;  and 
it  shall  also  be  tlie  duty  of  said  keeper  to  clean  and  keep  clean 
the  said  market  house,  and  the  pavements  on  the  outside  of 
said  market,  with  the  windows. 

Ibid,  8.  a.  86.     For   all  violations   of  the    provisions    of   section    84, 

Penalty  for  vio-  Or  interference  with  the  keeper  in  the  execution  of  his  duty, 
ionTof^ord^      the  penalty  shall  be  the  same  as  is  prescribed  in  this  article  for 
the  regulation  of  markets. 


nance. 


No.  28,  s.  4,  R.        87.     It  shall   be  lawful  for  the  managers  of  the  Maryland 


o 


Market  doors.    Institute  to  opcn  the  market  house  door  leading  to  the  entrance 
of  the  hall  on   Second   street,  whenever  they  may  require  it, 
Proviso.  after  night ;  provided,  said  managers  shall  be  held  responsible 


Markets.  657 

Article  XXXV. — Ordinances. 

to  the  Mayor  and  City  Council  of  Baltimore,  for  any  injury 
that  may  be  sustained  thereby. 

88.  It  shall  be  the  duty  of  the  clerk  of  the  Centre  market  ibia,  s.  5. 
and  his  assistant,  and  the  keeper  of  the  market  house  under  DefacinR,  &c., 

,,-,,-,-.  .-  Maryland  Insti- 

tne  Maryland  institute,  and  also  of  the  police  omcers,  to  pre- tut«-' i>ui'Jing- 

vent  the  defacing,  mutilating  or  injuring  the  walls  of  said 

Maryland  Institute  building  in  any  manner  whatever;  and 

every  person  wilfully  defacing,  mutilating  or  injuring  the  walls 

of  said  Maryland  Institute  building,  shall  be  subject  to  a  fine  Penalty. 

of  five  dollars  for  each  and  every  offence. 

CROSS  STREET  MARKET. 

89.  The  limits  of  Cross  street  market  shall  include  the  no.  .t,  s.  6,  b. 
whole  of  the  lot  belonging  to  the  city  on  which  it  stands  and  Mmits. 

so  much  of  the  adjacent  streets  as  may  be  in  front  of  the  said 
lot  subject  to  the  provisions  regulating  footways  prescribed  in 
section  69.* 

*  Ordinance  No.  39,  April  14,  1873,  recited  that,  by  the  erection  of  the 
Cross  street  market  hall,  several  butchers  and  others  having  been  deprived 
of  their  stalls  formerly  owned  and  used  by  them  previously  to  the  erection 
of  said  hall,  and  the  Mayor  and  City  Council,  having  made  ample  provis- 
ions for  the  accommodation  of  the  large  and  increasing  population  of  that 
portion  of  the  city  by  erecting  a  new  market  house  for  the  accommodation 
of  butchers  and  others,  it  was  proper  to  make  said  market  conform  to  the 
others  in  the  city,  thereby  making  provisions  for  a  suitable  fish  market : 

The  City  Comptroller  was  then  authorized  and  directed  to  proAnde  an 
equal  number  of  butchers'  and  other  stalls  in  the  new  market  house  on 
Cross  street,  for  the  accommodation  of  butchers  and  others  owning  and 
occupying  stalls  under  the  Cross  street  hall,  or  any  that  might  have  previ- 
ously owned  or  held  stalls  therein  prior  to  the  erection  of  said  hall,  to 
hold  such  stall  or  stalls  in  the  new  market  house  as  might  be  assigned  them 
by  the  City  Comptroller,  free  of  any  extra  charge.  And  by  section  2  of  said 
ordinance  it  was  provided  that  the  owner  or  owners  of  stalls  held  by  him  or 
them  under  the  Cross  street  hall,  should,  as  soon  as  the  Comptroller  had 
complied  with  the  first  section  of  this  ordinance,  surrender  and  deliver  to 
the  said  CJomptroller,  for  the  use  of  the  Mayor  and  City  Council,  such  stall 
or  stalls  owned  or  occupied  by  him  or  them  under  said  hall  in  lieu  of  such 
stall  or  stalls  as  the  Comptroller  might  designate  for  them  respectively 


658  Markets. 

Article  XXXV. — Ordinauces. 


No.  18,  Feb.  28,      90.     It  sliall  be  the  duty  of  the  clerk  of  Cross  street  market, 

'71.  •'  ' 

Additional        in  addition  to  the  duties  hereinbefore  prescribed  for  clerks  of 

duties  of  clerk. 

markets  generally,  to  take  full  charge  of  the  hall  over  the  mar- 
ket, to  keep  the  hall  in  a  cleanly  condition,  and  to  light  it  up 
when  necessary. 

No.27,s.  15,  R.      91.     The  clerk  of  the  Cross  street  market  shall  give  bond 

o.  ... 

Bond.  as  prescribed  by  section  4,  ordinance  of  this  article,  in   the 

penalty  of  five  hundred  dollars. 

No.  27,  s.  19,  R.      92.     In  the  Cross  street  market,  the  butchers'  stalls  shall  be 
stalls.  at  a  rent  of  five  dollars. 


FELL'S  POINT  MARKET. 

No.  27,  s.  4,  R.       93.     The  limits  of  the  Fell's  Point  market  shall  be  as  fol- 
Limits  of  Fell's  lows  :  beginning  for  the  same  at  the  intersection  of  Thames 
street  and  Broadway,  and  running  northwardly  on  a  line  with 
the  houses  on  the  east  and  west  side  of  the  market  to  Canton  ave- 
nue, subject  to  the  provisions  regarding  footways,  in  section  69. 

No. 97, Oct.  16,  94r.  Thc  clcrk  of  Fell's  Point  market  is  directed  and  em- 
staiis  to  be  oc-  powcrcd  to  allow  the  owners,  proprietors  or  occupiers  of  the 
dayo^fthr'^  several  stalls  or  stands  occupying  the  space  between  the  two 
market  houses,  and  formed  by  the  intersection  of  Lancaster 
street  with  Broadway  at  the  Fell's  Point  market,  to  occupy, 
use  and  sell  from  the  same,  on  every  day  of  the  week,  except 
Sunday. 


Week. 


in  the  new  market.  And  the  City  Comptroller  was  authorized  to  sell  such 
stall  or  stalls  under  said  hall  to  the  best  advantage,  under  the  law  regulating 
the  sale  of  stalls  in  the  different  markets ;  the  new  market  to  be  designated 
and  known  as  the  Cross  street  fish  market. 

The  new  market  house  was  erected  under  Ordinance  No.  54,  July  23, 
1869 ;  Resolutions  Nos.  107,  March  28,  1872,  May  27,  1872,  and  356,  October 
26, 1872. 

No  33,  April  7,  '64,  authorized  the  erection  of  a  new  market  house,  and 
an  office  for  the  accommodation  of  the  clerk,  on  Cross  street  market  space, 
fronting  on  Light  street,  and  directed  the  Comptroller  to  dispose  of  the  stalls 
in  the  new  market,  in  accordance  with  existing  ordinances. 


Markets.  659 

Article  XXXV. — Ordinances. 

95.  The  better  to  promote  the  convenience  of  the  comniu-  No.  97, oct.  le, 
nitj,  the  clerk  of  said  tnarket  is  further  authorized  and  em-  Regulations. 
powered  to  establish  such  regulations  for  the  proper  arrange- 
ment of  the  stalls  or  stands  occupying  said  market,  as  may  in 

his  judgment  seem  best. 

96.  The  clerk  of  the  Fell's  Point  market  shall  give  bond  no  27,8. 15,  r. 

.  o. 

as  prescribed  by  section   4,  ordinances  of  this  article,  in  the  Bond  of  cierk. 

penalty  of  one  thousand  dollars. 

97.  In  the  Fell's  Point  market  houses,  the  butchers'  stalls  no.  27,8. 19.  r. 

o. 

shall  be  at  a  rent  of  twenty  dollars;  the  permanent  single  Rent  of  stalls 
benches,  three  dollars ;  and  the  single  eave  benches,  two  dollars; 
the  double  benches  shall  be  at  a  rent  of  six  dollars  for  per- 
manent benches,  and  four  dollars  for  eave  benches;  in  the  fish 
market  house,  the  stalls  shall  be  at  a  rent  of  four  dollars. 

HANOVER  MARKET. 

98.  The  Hanover  market  shall  include  the  market  house,  no.  27, 8.3,  r. 
with  the  grounds  in  the  centre  thereof,  the  alleys  to  the  north-  Limits  of  Han- 
ward  and  westward    thereof,  and    also  the   whole  width  of 
Hanover    street,    from    Conway    street    to    Lombard    street, 

and  also  the  whole  width  of  Camden  street,  from  Charles 
street  to  Howard  street,  and  also  the  whole  width  of  Sharp 
street,  from  Conway  street  to  Pratt  street,  and  the  whole 
width  of  Dover  street,  from  Hanover  street  to  Sharp  street, 
subject  to  the  provisions  regarding  footways,  prescribed  in 
section  69.* 

99.  The  clerk  of  the  Hanover  market  shall  give  bond  as  no.  27,  s.  15,  r. 
prescribed   by  section  4,  ordinances,  of  this  article,  in    the  Boni  of  cierk. 
penalty  of  one  thousand  dollars. 


*As  to  the  re-building  and  improvement  of  the  Hanover  market  by- 
means  of  a  lottery  in  1838,  see  1838,  c.  323,  and  1839,  c.  52,  and  Lucas  et  al. 
V.  Lottery  Commissioners,  11  G.  &  J.  515. 


660  Markets. 

Article  XXXV. — Ordinances. 


No.  27,8. 19,  R.      100.     In  the  Hanover  market  house,  the  butchers'  stalls 
Rent  of  stalls    shall  be  at  a  rent  of  eighteen  dollars;  the  permanent  benches, 

and  benches.  "  ' 

three  dollars ;  and  the  eave  benches  two  dollars ;  in  the  nsh 
market,  the  stalls  shall  be  at  a  rent  of  four  dollars. 

No.  27,  s.  30,  R.      101.     The  limits  within  which  hucksters  or  persons  living 
What  limits      in  the  city  and  dealing  in  the  articles  of  butter,  eggs  or  poul- 

huckstersto  i  .  .  ,? 

keep.  try,  or  either  or  any  ot  them,  may  dispose  ot  or  oner  the  same 

for  sale,  to  be  designated  by  the  Mayor,  siiall  be  at  the  Hanover 
market,  out  of  Hanover  street  and  that  part  of  the  market 
house  fronting  thereon. 

HOLLINS  STREET  MARKET. 

No.  27,8. 6,  R.       102.     The  limits  of  the  HoUins  street  market,  shall  in- 
o.  '         ,       , 

Limits  of  Hoi-   elude  the  whole  of  the  lot  belonging  to  the  city  on  which  it 

lins  street  o       o 

market.  stauds,  and  SO  much  of  the  adjacent  streets  as  may  be  in  front 

of  the  said  lot,  subject  to  the  provisions  regarding  footways, 
prescribed  in  section  69.* 

No. 27, 8. 15,  R.      103.     The  clerk  of  the  Hollins  street  market,  shall  give 
Bond  of  clerk,    bond  as  prescribed  by  scction   4,  ordinances  of  this  article, 
in  the  penalty  of  five  hundred  dollars. 

*  For  the  beginning  of  Hollins  street  market,  see  Res.  No.  63,  Apl.  16, 1835. 
Res.  No.  3,  1839 ;  No.  60,  Aug.  27,  '63 ;  No.  5,  Feb.  5,  '64,  and  No.  36,  Apl.  11, 
'64,  provided  for  the  erection  of  an  additional  market  house  at  the  Hollins 
street  market.  The  first  and  last  named  ordinances  authorized  the  Comp- 
troller to  rent  the  public  hall  in  the  upper  story,  and  to  sell,  in  perpetuity, 
all  the  permanent  and  movable  stalls  in  the  market  house  at  public  sale,  to 
the  highest  bidder;  provided,  he  might,  in  his  discretion,  withdraw  any  stall 
or  stalls  should  the  bid  be  less  than  what  lie  deemed  the  value  of  the  same ; 
the  rent  of  the  said  stalls  to  be  regulated  and  fixed  by  him,  at  such  prices  as 
in  his  judgment  best  promote  the  interests  of  the  city  and  the  prosperity  of 
the  market.  This  ordinance  further  provided  that  the  said  market  house 
shall,  in  all  respects,  be  governed  by  the  ordinances  of  the  Mayor  and  City 
Council  in  relation  to  markets. 

No.  80,  June  9,  '64,  provided  for  the  erection  of  an  extra  story  and  end  gal- 
lery to  above. 

By  resolution  No.  203,  June  29, 1877,  the  Hollins  street  market  building 
was  extended  from  its  west  gable  end  to  the  east  gable  end  of  Hollins  mar- 
ket hall  building. 


Makkets.  661 

Article  XXXV. — Ordinances. 

104.  In  the  Hollins  street  market,  the  butchers'  stalls  no.  27,  s.  19,  r. 

o. 
shall  be  at  a  rent  of  ei^ht  dollars.  '  stalls. 

LAFAYETTE  MARKET. 

105.  The  clerk  of  Lafayette  market,  before  entering  upon  no  5,  May  is, 
his  duties,  shall  execute  a  bond  to  the  corporation,  with  such  Bond  of  cierk. 
.security  as  the  Mayor  may  approve,  in  the  penal  sum  of  one 
tliousand  dollars,  and   with  the  conditions  therein,  as  pre- 
scribed by  section  4,  ordinances  of  this  article. 

lOB.     The  clerk  of  said  market,  shall  have  full  power  and  iwd.s.a. 
authority  to  take  possession,  care  and  charge  of  the  market,  powers  and 
and  shall  attend,  during  his  term  of  office,  unless  prevented  ^ 

by  sickness  or  other  unavoidable  accident  or  necessity,  the 
market  to  which  he  is  appointed  during  the  market  hours 
prescribed  in  section  57,  ordinances  of  this  article,  and  at 
sucli  other  hours  as  may  be  necessary,  in  order  to  enforce 
obedience  to  all  and  every  rule  directed  to  be  observed  con- 
cerning markets. 

107.     All  the  ordinances  and  regulations  passed   with  re- iwd, 8.4. 
ference  to  the  several  markets  of  the  city  are  hereby  enacted  Market  ordi- 

T        •  1  •  n      i   '  ^•     "•""C  and 

to  apply  to  the  Lafayette  market,  the  same  as  11  this  ordi- regulations, 
nance  was  passed  at  the  same  time  with  the  general  ordinan- 
ces, and  the  clerk  of  the  aforesaid  market  is  hereby  directed 
to  consult  the  said  general  ordinances,  with  reference  to  his 
duties.* 


*  Lafayette  market  house  was  erected  under  resolutions  No.  101,  April 
9,  1870;  179,  June  22,  1870,  and  49,  March  16,  1871.  Resolution  No. 
280,  May  15,  1873,  provided  for  erection  of  building  for  keeper  of  the  mar- 
ket house.  The  lot  on  which  the  market  house  is  erected  was  purchased 
under  resolution  No.  79,  March  15,  1870.  This  lot  of  ground  is  bounded  on 
the  east,  north  and  west  by  Pennsylvania  avenue,  Patterson  avenue  and 
Fremont  street. 


G62 


Markets. 


Article  XXXV.— Ordinances. 


LEXINGTON  MARKET. 

No.  27,  s.  2.  R.        108.     The  limits  of  the  Lexington  market  shall  be  as  fol- 

0.  ... 

Limits  of  Lex-  lows  I  beflfinninsT  with  the  kerb  stone  on  the  east  side  of 

ington  market.  . 

Eutaw  street,  and  running  westwardly  the  whole  width  of 
Lexington  m  rket  space,  to  the  west  side  of  Pearl  street,  and 
on  Lexington  street  from  the  east  side  of  Eutaw  street,  and 
the  west  side  of  Pearl  street  east  to  Howard  street,  and  west 
to  Pine  street,  and  all  streets  crossing  or  intersecting  said 
space  south  to  Fayette  street  and  north  to  Saratoga  street, 
subject  to  the  provisions  regarding  footways,  prescribed  by 

Proviso.  section   69,  hereinbefore;  provided,  however,  that  nothing 

herein  contained  shall  give  the  right  to  any  person  or  per- 
sons to  place  any  wagon,  cart,  or  other  carriage  upon  Paca, 
Eutaw,  Green  or  Pearl  streets  on  market  days,  except  the 
same  shall  be  placed  on  a  line  in  the  centre  of  said  streets  ; 
and  if  any  person  or  persons  shall  violate  the  provisions  of 

Wagons,  &c.  this  scctiou,  by  placing  any  wagon,  cart,  or  other  carriage, 
(so  as  to  prevent  the  access  of  any  other  wagon,  cart,  or 
other  carriage,)  to  the  kerb  stone  opposite  any  building, 
without  the  consent  of  the  owner  or  occupier  of  such  build- 

Penaity.  ing,  such  pcrsou  or  persons  so  offending,  shall  forfeit  and 

pay  a  fine  of  five  dollars  * 


No.27,  B.  19,  K. 

o. 


109.     The  clerk  of  the  Lexington  market  shall  give  bond 
Bond  of  clerk,    as  prescribed   by  section  4,  ordinances,  of  this  article,  in  the 
penalty  of  fifteen  hundred  dollars. 


*  Under  resolution  No.  198,  June  37,  1870,  the  City  Commissioner  was 
authorized  and  directed  to  have  erected  a  new  market  house,  on  the  site  of 
the  old  one,  standing  on  Lexington  street  (known  as  Lexington  market,) 
between  Eutaw  and  Paca  streets  ;  the  plan  of  said  building  to  be  the  same 
as  the  one  adopted  for  the  Lafayette  market,  drawings  of  which  liad  been 
submitted  to  the  City  Council  by  said  commissioner ;  the  work  was  contin- 
ued by  resolutions  No.  78,  March  31,  1871 ;  81,  April  7,  1871 ;  May  11,  1871. 
Ventilators  were  supplied  under  resolution  No.  249,  May  1, 1875. 


Markets.  668' 

Article  XXXV. — Ordinances. 


110.  There   shall    be    appointed   one   assistant   clerk   for  No.  27,  s  7,  r. 

Lexington   market.  Assistant  clerk. 

111.  In  Lexington  market  house,  the  butchers'  stalls  shall  No. 27, s.  19,  r. 
bo  at  a  rent  of  twenty  dollars;  the  permanent  benches,  four  Bent  of  staiis 

jn  ji  111  "ini  1  ""'^  benches. 

dollars;  and  the  eave  benches,  two  dollars;  in  the  nsh  market, 
the  two  middle  rows  of  stalls  shall  be  at  a  rent  of  four  dol- 
lars ;  and  the  two  outer  rows  at  two  dollars. 

112.  The  limits  within  which  hucksters  or  persons  living  no.  27,  s.  ao.B, 
in  the  citj  and  dealing  in  the  articles  of  butter,  eggs  or  poultry,  what  limits 
or  either  or  any  of  them,  may  dispose  of  or  offer  the  same  for  keep. 

sale,  to  be  designated  by  the  Mayor,  shall  be  at  the  Lexington 
market,  west  of  the  west  side  of  Paca  street;  and  the  permis- 
sion granted  by  section  20,  ordinances  of  this  article,  shall  not  N0.27,  s.  46,  r. 
be  construed  to  allow  any  meats  or  other  cooked  provisions  of  Meats  and 

,  ,      ,        ,  111  1    /»  1  cooked  provis- 

any  kind  whatever,  to  be  sold  or  exposed  tor  sale  on   any  per-  ions, 
inanent  or  eave  bench  in  the  Lexington  market,  unless  such 
permanent  or  eave  bench  be  located  as  prescribed  by  ordinance. 

PROVISIONS  APPLICABLE  TO  BEL-AIR,  CENTRE,  FELL'S 
POINT,  HANOVER  AND  LEXINGTON  MARKETS. 

113.  Two  rows  of  bricks,  on  edge,  along  the  entire  line  of  no.  27,  s.  38,  r. 
the  inside  of  Centre,  Lexington,  Hanover,  Fell's  Point  and  Limits  for 
Belair  market  houses,  at  the   distance  of  six  feet  from  the  beyond  which 

impediments 

inner  side  of  the  stands  occupied   by  the  butchers,  shall  be  not  to  be 

1:  -J  ■"  placed. 

designated  as  a  line  beyond  which  no  person  shall  be  allowed 
to  place  any  impediment,  under  a  penalty  of  ten  dollars  for 
each  offence. 

114.  Two  rows  of  bricks,  on  edge,  along  the  entire  line  of  ibid.s.sa. 
the   sheds  attached  to  the  Centre,  Lexington,  Fell's  Point,  Limits  for 
Belair  and  Hanover  market  houses,  at  the  distance  of  two     • 
feet  from  the  benches,  so  as  to  form  an  avenue  in  the  centre, 
between  the  inner  and  outer  benches,  for  the  accommodation 

of  persons  visiting  the  several  markets,  shall   be  designated 


664  Markets. 

Article  XXXV. — Ordinances. 

as  a  line  beyond  which  no  person  shall  place  any  impediraent, 
under  a  penalty  of  two  dollars  for  each  offence. 

No.  27, 8.32,  R.      115,     ]s^o  dcaler  in  cheese,  or  in  salted,  cured  or  dried  fish, 
Dealers  in         shall   OCCUPY  any  Stand  or  stands  in  the  Lexinsfton,  Hanover 

cheese,  <fec.,  to  vjj  d         ' 

paiw  ma?-"  ^^  Fcll's  Point  markcts,  other  than  such  as  shall  be  designated 
^®'^"  for  such  use  by  the  clerks  of  said  several  markets,  with  the 

approbation  of  the  Mayor,  which  stand  or  stands  so  designated 
by  the  said  clerks,  shall  be  confined  to  the  following  limits; 
that  is  to  say — in  the  Lexington  market,  to  the  north  side  of 
the  market  house,  and  west  of  Paca  street ;  in  the  Hanover 
market,  within  the  interior  space  on  either  side  of  the  fish 
market ;  and  in  the  Fell's  Point  market,  to  the  eavc  stalls  or 
permanent  benches  in  the  lower  part  of  the  southern  market 
house. 

RICHMOND  MARKET. 


o. 


No.  27,  s.  B,  R.  116,  The  limits  of  the  Richmond  market  shall  include  the 
whole  of  the  lot  belonging  to  the  city  on  which  it  stands,  and 
so  much  of  the  adjacent  streets  as  may  be  in  front  of  the  said 
lot,  snbject  to  the  provisions  regarding  footways  prescribed  by 
section  69,  hereinbefore.* 


*  The  Richmond  market  was  established  under  the  acts  of  1833,  c.  35,  and 
1852,  c.  30.  By  the  act  of  1853,  c.  360,  the  Mayor  and  City  Council  were 
authorized  to  condemn  and  acquire  property  in  the  vicinity  of  the  Richmond 
market,  for  the  purposes  of  the  extension  of  the  said  market. 

By  Res.  158,  May  4,  '68,  the  law  officers  of  the  city  were  instructed  to 
take  the  steps  necessary  for  the  condemnation  of  all  that  ground  described 
as  follows:  the  northern  line  of  said  property  or  ground,  being  the  south 
side  of  the  Richmond  market  space,  from  Howard  to  Garden  streets,  and 
running  southerly  with  a  rectangular  depth  one  hundred  and  nii>ety-five 
feet— the  said  ground  to  be  used  for  the  purpose  of  extending  the  Richmond 
market.  And  by  Ord.  No.  78,  Oct.  20,  '68,  the  City  Solicitor  was  authorized 
to  institute  and  carry  on  to  completion  all  necessary  proceedings  for  the 
condemnation,  for  the  purpose  above  expressed,  of  a  lot  of  ground  bounded 
as  follows :  on  the  north  by  the  southernmost  side  of  Richmond  market 
space ;  on  the  east  by  Howard  street ;  on  the  west  by  Garden  street,  and  on 
the  south  by  a  straight  line  drawn  from  a  point  on  the  east  side  of  Garden 
street,  distant  one  hundred  and  eighty -eight  feet  and  nine  inches  southerly 


Markets.  665 

Article  XXXV. — Ordinances. 

117.  Tlie  clerk  of  the  Riclimoml  market  sliall  ij;ive  bond  us  no.  27,  s.  15,  r. 

o 

prescribed  by  section  4,  ordinances  of  this  article,  in  the  pen-  Bond  of  clerk, 
alty  of  five  hundred  dollars. 

118.  In  the  Richmond  market  the  butchers'  stalls  shall  be  No.  27,  s.  19,  r. 

o. 
at  a  rent  of  ten  dollars.  staUs. 


from  the  southermost  side  of  Richmond  market  space  to  a  point  on  the  west 
side  of  Howard  street,  distant  one  hundred  and  ninety-eight  feet  and  three 
inches  southerly  from  tho  southernmost  side  of  Richmond  market  space. 

Under  resolution  No.  201,  June  27,  1870,  the  City  Commissioner  was  au- 
thorized and  directed  to  have  erected  a  market  house  on  the  lot  purchased 
by  the  city  for  the  extension  of  Richmond  market,  on  the  plan  marked 
number  three,  as  submitted,  witli  the  exception  that  instead  of  double  mar- 
kets running  parallel  on  Garden  street  and  Howard  street,  respectively,  that 
a  single  market  house  be  erected  on  said  plan,  on  either  Garden  or  Howard 
street,  as  the  City  Commissioner  might  elect,  with  open  space  on  the  other 
side;  the  section  of  roof  and  elevation  to  be  the  same  as  indicated  by  plan 
D  submitted. 

Under  No.  235,  October  25,  1870,  the  City  Commissioner  was  authorized 
and  directed  to  change  the  plans  for  the  erection  of  the  new  Richmond  street 
market  house,  so  as  to  include  tlic  construction  of  a  hall  upon  the  lot  pur- 
chased for  an  additional  market  house,  to  be  used  as  an  Armory  for  the  Filth 
Regiment,  Maryland  National  Guard. 

Under  No.  305,  October  14, 1872,  the  City  Comptroller  was  authorized  to 
lease  the  hall  and  rooms  over  the  Richmond  market  house  to  the  proper 
officers  of  the  Fifth  Regiment,  M.  N.  G.,  for  a  period  of  five  years,  (all  im- 
provements, permanent  fixtures  and  heating  apparatus  to  be  the  property  of 
the  city  of  Baltimore,)  free  of  rent,  but  under  an  agreement  stipulating  that 
said  regiment  shall  always  consist  of  three  hundred  active  members,  and  that 
the  regiment  shall  at  its  own  expense  suppl.y  the  necessary  heating  apparatus, 
gas  fixtures,  gas,  and  keep  said  liall  and  rooms  in  thorough  repair;  the  said 
gas  fixtures  and  heating  apparatus  to  be  introduced  into  said  building 
under  the  supervision  of  the  Inspector  of  Buildings;  and  in  the  event 
of  the  said  regiment  disbanding,  then  the  said  gas  fixtures  and  heating 
apparatus  to  remain  in  said  building,  without  cost  to  the  city.  The  lease 
was  extended  another  five  years  after  expiration  of  above,  by  Resolution  No. 
233,  Oct.  23, 1877. 

Under  resolution  No.  448,  November  6,  1873,  the  Inspector  of  Public 
Buildings  tore  down  and  erected  a  new  market  house  on  the  site  of  the  old 
Richmond  market  house,  bounded  by  Richmond,  Garden,  Howard  and  Bid- 
die  streets,  the  plan  of  construction  conforming  with  the  designs  accompanj'-- 
iug  the  resolution. 


666 


Markets. 


Article  XXXV. — Ordinances. 


No.  27,  s.  21,  R.      119.     Whenever  the  purchaser  of  any  butcher's  stall  in  the 
Rent  of  unoccu-  Richmond  market  shall  not  occupy  tiie  same,  the  clerk  of  the 

l»ied  stalls.  _  '  -^  ' 

market-shall  have  the  right  of  renting  such  stall  to  any  person 


who  may  apply  for  its  use. 


SALES    OF    STALLS  IN    BEL-AIR,    CANTON,    CENTRE,    CROSS 
STREET,  FELL'S  POINT,  HANOVER,  LAFAYETTE,  LEX- 
INGTON AND  RICHMOND  MARKETS. 

No.  45,  June  5,      120.     The  salcs  of  market  stalls,  heretofore  made  by  the 
'77.  ,  ,  '  f 

Sales  of  market  Comptroller  of  the  City  of  Baltimore,  Register  of  the  City,  or 

stalls  ratified  i  rr' 

and  confinned.  any  otlicr  oflScer  Or  agent  of  the  city,  in  the  following  markets, 
or  in  any  extensions  or  improvements  of  said  markets,  to  wit : 
Centre  market,  Lexington  market,  Fell's  Point  market,  Bel 
Air  market,  Hollins  market,  Hanover  market,  Richmond  mar- 
ket, Lafayette  market,  Cross  Street  market  and  Canton  market, 
are  hereby  fully  ratified  and  confirmed,  with  the  intent  to  vest 
in  the  purchasers  of  the  said  stalls,  or  their  legal  representa- 
tives or  assigns,  as  good  and  sufficient  title,  upon  the  payment 
of  the  purchase  money  for  said  stalls,  and  upon  compliance 
with  the  ordinances  of  the  city  regulating  markets  and  prescrib- 
ing the  terms  and  tenure  upon  which  market  stalls  are  held, 
as  if  the  said  sales  had  in  the  first  instance  been  made  in 
pursuance  of  an  authority  vested  in  the  said  Comptroller,  Reg- 
ister or  other  officer  or  agent  of  the  city  by  an  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore  duly  passed  for  the 
purpose ;  provided,  that  nothing  herein  shall  be  construed  as 
ratifying  or  confirming  any  statement  or  promise  or  agreement 
of  said  officers  or  agents,  or  either  of  them,  made  in  connec- 
tion with  said  sales,  for  which  an  express  authority  cannot  be 
shewn  in  the  charter  or  the  ordinances  and  resolutions  of  the 
Mayor  and  City  Council  of  Baltimore. 


Proviso. 


Promises  and 
agreements. 


MOBTGAOEB. 


66T 


Article  XXXVI.— Statutes. 


ARTICLE  XXXVI. 


MORTGAGES. 


STATUTES. 


1.  Consent  to  decree:  when  con- 
veyances recorded,  decree  may 
be  passed :  trustee  to  be  ap- 
pointed: bond. 

3.  Trustee  may  sell  on  forfeiture: 
mortgagee  to  file  statement  of 
claim  under  oath. 

3.  Affidavit,  before  whom  made. 

4.  Sale,  when  confirmed,  to  have 

same  efi'ect  as  sales  under  de- 
crees on  bills. 

5.  Trustee  to  report  sale. 

6.  Allegations  and  proofs  may  be 

made  and  taken. 

7.  Court  may  set  aside  s»le :  when 

set  aside  mortgaged  premises 
not  to  pay  costs:  costs,  by 
whom  payable. 

8.  Clerk  to  record  deed :  to  docket 

case :  file  and  record  mortgage. 


10. 


11. 
13. 


13. 


14, 


Entry  on  docket  to  operate  as 
assignment:  to  have  prece- 
dence in  the  order  made :  not 
to  be  made  but  on  order  writ- 
ten and  acknowledged. 

Entry  of  satisfaction  to  operate 
as  discharge  and  conveyance : 
not  to  be  made  but  on  order 
written  and  acknowledged : 
orders  to  be  recorded  with  de- 
crees. 

Court  may  appoint  new  trustee. 

Mortgagee  with  power  to  sell, 
may  proceed  under  general 
law:  notice. 

Proceedings  where  default  of 
mortgagors  has  taken  place 
before  mortgages  have  been 
submitted  to  court :  statement 
under  oath. 

What  sections  applicable. 


STATUTES 


1.     In  all  cases  of  conveyances  of  lands  or  hereditaments,  or  p.  l.  l.,  art.  4, 
of  chattels  real  situate  in  the  said  city,  wherein  the  mortgagor  consent  to  de- 
shall  declare  his  assent  to  the  passing  of  a  decree  for  the  sale 
of  the  mortgaged   premises,  it  shall  be  lawful  for  the  mort-  whenconvey- 

^  '  ances  recorded 

gagees  or  their  assigns,  at  any  time  after  filing  the  same  to  be  n^"4,^™*^^° 
recorded,  to  submit  to  the  Circuit  Court  of  Baltimore  City  the 


6G8  Mortgages. 


Article  XXXVI.— Statutes. 


said  conveyances  or  copies  under  seal  of  said  court  thereof, 
and  the  said  court  may  thereupon  forthwith  decree  that  the 
mortgaged  premises  shall  be  sold  at  any  one  of  the  periods 
limited  in  said  conveyances  for  the  forfeiture  of  said  mort- 
gages, or  limited  for  a  default  of  the  mortgagors,  and  on  such 
terms  of  sale  as  to  the  said  court  shall  seem  proper ;  and  shall 
appoint  by  said  decree,  a  trustee  or  trustees  for  making  such 
Bond.  sale,  and  shall  require  bond  and  security  for  the  performance 

of  the  trust,  as  is  usual  in  cases  of  sales  of  mortgaged  premises. 

Ibid,  sec.  783.         2.     Tiic  trustcc  or  trustccs  so  appointed,  after  giving  bond 
Trustee  may      with  sccurity,  may,  after  the  arrival  of  the  period  limited  by 

sell  on  forfeit-  '  '  c         •  ^      ^ 

ure.  the  decree  tor  a  sale,  sell,  agreeably  to  the  terms  or  said  de- 

cree, the  mortgaged  property  or  any  part  thereof;  the  raort- 
MortKaBee to     gagccs,  tlicir  cxccutors  or   administrators   or   assigns,  if  the 

file  stateinoiit  ,     ,  i      n     i  i  .  i      i      c  i  i 

of  claim  under  mortgage  claim  shall  have  been  assigned  betore  such  sale, 
and  after  tlie  arrival  of  the  period  aforesaid,  verifying  by  their 
oath,  as  provided  in  the  succeeding  section,  a  statement  of  the 
amount  of  such  mortgage  claims  remaining  due,  and  filing 
such  statement  in  said  court. 

1861,0.76.  3.     The  affidavit   required  by  the  preceding  section  may  be 

Affidavit  before  made  bcforc  the  judge  of  the  said  court,  or  before  any  justice 

whom  made.  ,.  i  ^  •  i  i 

ot  the  peace  tor  the  county  or  city  where  the  mortgagees, 
their  executors,  administrators  or. assigns  may  be  at  the  time 
of  the  making  of  said  affidavit,  if  within  this  State ;  the 
official  character  of  the  justice  being  certified  by  the  clerk  of 
the  Circuit  or  Superior  Court  of  such  county  or  city,  under 
his  official  seal,  and  if  without  this  State  before  any  person 
authorized  by  the  laws  of  Maryland,  to  take  the  acknowledg- 
ment of  deeds  acknowledged  without  this  State. 

p.  L.  L.,  art.  4,      4.     Such  salcs  and  the  conveyances  thereupon  shall  have  the 

sec.  784. 

Sale,  when  con-  samc  cffcct,  if  finally  ratified  by  said  court,  as  if  the  same  had 

firmed,  to  have  i  i  i  i  i  .         .  , 

same  effect  as    bccu  made  undcr  decrees  between  the  proper  parties  in  rela- 

sales  under  de-  * 

crees  on  bills,    ^jq^j  ^q  tjjg  mortgagcs,  and  in  the  usual  course  of  said  court. 


Mortgages.  669 


Article  XXXVI.— Statutes. 


5.     The  trustee  or  trustees  shall  report  the  sales  to  the  court  iwd.sGc.  785. 
for  its  consideration   and   ratification,  or  rejection,  and  such  Trustee  to  re 
orders  shall   pass  therein   touching  such  ratification,  as  are 
usual  on  sales  of  mortgaged  property  in  said  court. 

G.  Any  allegations  may  be  made,  and  proof  under  the  ibid,  sec.  786. 
orders  of  the  said  court  exhibited,  and  a  trial  of  the  allega- Aiiepation-sand 

,.  ij  .1  111  .1  I  1  1  1        proofs    may    be 

tions  had   as  the  court  shall  prescribe,  to  show  tliat  the  sales  matie anu taken, 
ought  not  to  have  been  made. 

7.  The  said  court,  upon  being  satisfied  of  the  truth  of  said  ibi.i,sec.  78/. 
allegations,  shall  reject  and  set  aside  the  sale,  and  in  such  coun  may  set 
case  no  part  of  the  costs  or  expenses  or  trustee's  commission, 

if  any  such  commission  be  claimable,  in  relation  to  the  said  when  set  aside 
sales,  shall  be  chargeable  upon  said  property,  or  the  mort- misc-snottopay 
gagors,  their  heirs,  executors,  administrators,  or  assigns;  but 
shall   be  wholly  chargeable  against  the  persons  at  whose  in- costs,  by  whom 
stance  or  for  whose  benefit  the  said  sales  shall  have  been  pro- 
posed to  be  made. 

8.  The  clerk  of  said  court  shall  file  and  record  the  said  de-  iwd,  sec.  788. 
crees,  and  docket  the  cases  of  the  application  therefor,  and  in  cieik  to  record 

deciee,  to  dock- 

the  said  decree,  and  to  be  recorded  therewith,  shall  file  a  copy  et  case,  to  me 

^  i  J    and  record 

of  the   mortgage  upon   which  the  same  was  rendered  ;  and  "'""K^e^- 
shall  be  entitled  to  the  usual  fees  for  such  services. 

9.  Any  entry  on  the  docket  of  said  court,  by  the  person  ibid,  sec  78y. 
entitled  to  assign  the  said  mortgage  claim  of  the  use  and  bene-  Entry  on  dock- 

r;         ...  J     J  1111  1  /Y»  •  e\.  \.a  opi-rate  as 

nt  01  said   decrees,  shall   liave  the  same  enect  as  assignments  assignment. 

and  conveyances  of  the  said  mortgage  interests,  to  have  effect  To  have  prece- 
dence in  the  or- 
and  precedence  from  the  time  of  their  respective  entries;  and  <iermade. 

the  said  entries  shall  not  be  made  without  an  order,  or  direc-  Not  to  be  made 

1111.         i-i         />.i  *'"' ""  "'■'i^'" 
tion  in  writing,  to  be  acknowledged  before  the  luda-e  of  said  written  and  ac 

,         \  ^  .  knowledged. 

court,  or  a  justice  of  the  peace,  by  the  persons  purporting  to 
sign  the  same,  and  filed  and  recorded  by  said  clerk. 

10.  The  duly  authorized  entries  upon  the  docket  of  said  ibid,  sec.  790. 
court  of  the  satisfaction  of  said  decrees,  and  the  discharge  of 


670  MoETOAGES. 

Article  XXXVI.— Statutes. 


Entry  of  satis-   Said  mortgage  claims,  made  by  the  persons  entitled  to  receive 

faction  to  oper-  . 

ate  as  disch  .rge  said  claims,  sliall  liave  the  same  efi'ect  to  discharge  the  mort- 

anu  conveyance.  '  '=' 

gaged-  property  of  said  mortgagor,  and  all  liens  thereunder, 
as  any  conveyances  by  the  parties  interested  in  such  claims, 
and  the  holders  of  the  legal  estate  and  interest  therein,  if  com- 
petent to  convey,  could  have  at  law  or  in  equity ;  but  such 
Not  to  be  made  entries  shall  not  be  made  without  an  order  or  direction  in 

but  on  order 

written  and  ac-  writing,  acknowlcdgcd  by  the  person  or  persons  purporting  to 
have  signed  the  same,  before  the  judge  of  said  court,  or  a  jus- 
tice of  the  peace,  and  filed  by  the  clerk  of  said  court ;  and  the 

Orders  to  be  re-  rctums  shall  refer  to  such  orders  or  directions,  and  the  names 

corded  with  de-  _  j     j  • 

crees.  of  the  pcrsou  or  persons  aforesaid,  and  said  order  and  direc- 

tions shall  be  recorded  in  said  court  with  said  decrees. 

Ibid,  sec.  791.         11.     The  Said  couit  may  at  discretion  from  time  to  time 
Court  may  ap-    appoint  any  other  trustee  or  trustees  in  place  of  those  appointed 

point  new  trus- 
tee, by  the  decree ;  and  the  proceeds  of  such  sales  shall  be  accoun- 
ted for  and  to,  and  distributed  by,  said  court,  in  the  manner 
usual  in  cases  of  sales  under  decrees  of  said  court. 

Ibid,  sec.  792,         12.     Any  mortgagee  of  property  in  the  city  of  Baltimore, 
Mortgagee  with  liis  assigucc,  or  cxccutor,  whcrc  a  power  to  sell  is  contained 

power  to  sell        .  i    i  i       . 

mav  proceed      in  the  mortgage,  may  proceed  under  the  general  law  relating 
'''w.  to  mortgages,  but  notices  of  sale  under  such  power  shall  be 

Notice.  published  in  two  daily  newspapers  in  said  city,  for  the  period 

required  by  law, 

1864,  c.  124,  s.i.      13.     Where  a  default  of  the  mortgagors  has  taken  place 
Proceedings       beforc  tlic  Said  convcyanccs  have  been  submitted  to  the  Cir- 

where  default 

of  mortgaKors    cuit  Court  of  Baltimore  City,  it  shall  nevertheless  be  the  duty 

has  tal£en  place  •'  '  *' 

gel°hav™*beln'  ^^  ^^^^  court,  upon  tlic  submissiou  of  the  said  conveyances  to 
submitted  to  gygj^  court,  after  the  said  default,  to  forthwith  decree  that  the 
mortgaged  premises  shall  be  sold,  on  such  terms  of  sale  as  to 
the  said  court  shall  seem  proper ;  and  to  appoint  by  said  de- 
cree a  trustee  or  trustees,  to  make  such  sale  requiring  bond 
and  security  for  the  performance  of  the  trust,  as  is  usual  in 


MOETGAGES.  671 


Article  XXXVI.— Statutes. 


the  case  of  the  sale  of  mort;j;aged  premises;  and  the  &aid  trus- 
tee or  trustees  may  sell  the  same  agreeably  to  the  terms  of  the 
said  decree;  but  before  each  sale  the  mortgagee  or  mortgagees, 
or  some  of  the  mortagees,  or  the  executor  or  administrator 
of  a  deceased  mortgagee,  or  the  assignee  or  assignees  of  the 
mortgage,  or  one  of  such  assignees,  or  the  executor  or  admin- 
istrator of  a  deceased  assignee,  shall  file  in  the  court  in  which 
the  said  proceedings  are  pending,  a  statement  of  the  amount  of  sutement  under 
the  said  mortgage  claim  remaining  due,  verifying  the  same  by 
the  oath  or  aflBrmation  of  the  party  filing  the  same ;  and  the 
said  affidavit  or  affirmation  may  be  made  before  any  of  the  per- 
sons mentioned  in  section  three  of  this  article,  and  the  same 
shall  be  authenticated  as  provided  for  in  section  three  hereof. 

14.     The  provisions  of  sections  four  to  eleven,  inclusive,  of  iwd,  s.  a. 
this  article,  shall  apply  to  all  the  proceedings  under  the  pre  what  sections 

,.  .  ^^  "^  ^  °  ^  applicable  to 

Cedmg  section.  these  proceed- 

ings. 

Decisions  on  Mortgage  Law  op  Baltimoue  City.— This  article  is 
composed  of  the  Acts  of  Assembly  of  1833,  c.  181 ;  1836,  c.  249 ;  1839,  c.  9 ; 
1853,  c.  148,  s.  9 ;  1852,  c.  198 ;  1861,  c.  76,  and  1864,  c.  124.  The  decisions 
are  as  follows : 

The  agreement  for  a  decree  in  a  mortgage  executed  under  the  mortgage 
law  relating  to  Baltimore  city  is  to  be  regarded  only  as  a  consent  to  dis- 
pense with  the  intermediate  proceedings  of  subpoena  and  answer,  in  order  to 
facilitate  a  decree,  and  not  that  the  decree  shall  be  binding  at  all  hazards. 
Williams  v.  Williams,  7  Gill,  302. 

The  court  is  only  restricted  in  fixing  a  time  for  the  sale  to  "  one  of  the 
periods  limited  "  in  the  mortgage  for  the  forfeiture  thereof,  and  it  may  pre- 
scribe such  terms  of  sale  as  shall  seem  proper ;  it  may  direct  the  property  to 
be  sold  for  cash.    Ing  v.  CromioeU,  4  Md.  31. 

The  mortgage  itself  fixes  the  time  for  the  payment  of  the  money,  and  the 
mortgagor  cannot  complain  that  further  notice  was  not  given  to  him.  Ing 
V.  Cromwell,  4  Md.  31. 

A  mortgage  was  executed  to  the  mortgagee  in  trust  for  the  benefit  of  the 
payees  of  certain  promissory  notes  secured  by  it ;  he,  upon  default  to  make 
sale  and  apply  the  proceeds  to  the  payment  of  the  debt  and  interest.  Held, 
that  the  mortgagee  was  the  proper  party  to  make  the  statement  and  afii- 
davit,  and  that  the  payees  in  the  notes,  the  cestuis  que  trust  in  the  mortgage, 
need  not  be  made  parties  to  the  proceedings  under  the  law.  The  affidavit 
and  statement  of  the  amount  due  on  the  mortgage  need  not  be  made  before 


672  Mortgages. 


Article  XXXVI.— Statutes. 


the  decroG,  but  only  before  the  sale.    Hays  v.  Dorsey,  5  Md.  99 ;  Brooks, 
trustee  v.  Hays,  24  Md.  507. 

The  proceedings,  so  ftir  as  the  obtention  of  the  decree  is  concerned,  are  ex 
parte.  Want  of  notice  to  the  mortgagor  or  to  a  party  claiming  iinder  him, 
of  the  application  for  a  decree  upon  a  mortgage,  is  no  objection  to  such 
decree.  The  rights  of  third  persons  are  to  be  inquired  into  on  the  ratifica- 
tion of  the  sale,  and  not  before.  Eiclielhenjer  v.  Harrison,  3  Md.  Ch.  Dec.  39 ; 
Kaufman  v.  Walker,  9  Md.  239;    Cronise  v.  Clark,  et  al.,  4  Md.  Ch.  Dec.  408. 

An  objection  to  a  sale,  that  the  affidavit  as  to  the  amount  due  upon  the 
mortgage,  was  not  filed  by  the  mortgagee,  or  his  assignee,  before  the  sale 
was  made,  may  be  taken  by  the  purchaser  before  the  final  ratification,  and 
is  fatal,  even  though  the  affidavit  may  be  filed  before  the  final  action  of  the 
court  upon  the  sale,  and  the  mortgagor  may  consent  to  its  ratification,  but 
such  an  objection  is  too  late  after  the  final  ratification  has  been  duly  made. 
The  statement  of  mortgagee's  claim  on  oath  is  not  conclusive,  and  the 
amount  actually  due  is  open  to  examination  on  proof,  either  before  the  sale 
or  after  the  order  of  ratification  nisi.     Oatcliell  v.  Presstman,  et  al,  5  Md.  161. 

A  sworn  statement  of  the  amount  due  filed  by  the  mortgagee,  with  his 
petition  after  the  forleiture  and  before  the  time  of  sale,  is  sufficient.  The 
trustee  may  give  bond  at  any  time  before  sale,  even  on  the  day  on  which 
he  advertises  the  sale  to  take  place.    Brooks,  trustee  v.  Hays,  24  Md.  507. 

If  the  sworn  statement  of  the  mortgage  claim,  required  by  sees.  8  and  18 
of  this  article,  (Acts  of  1861,  c.  76,  and  1864,  c.  124,)  is  erroneous  in  not 
showing  the  true  balance  due  upon  the  mortgage,  it  is  open  to  correction 
when  the  account  may  be  stated  by  the  auditor,  but  furnishes  no  reason  for 
setting  aside  the  sale.  Md.  Perm.  Land  and  Build.  Society  of  Balto.  v. 
Smith  &  Carroll,  41  Md.  516. 

The  objection  that  the  terms  of  the  mortgage  are  usurious  can  only  arise 
upon  the  statement  of  the  final  account  by  the  auditor,  and  cannot  be  urged 
as  an  objection  to  the  sale.    Ibid. 

A  mortgage,  to  come  within  the  provisions  of  the  mortgage  law,  must  con- 
tain such  assent  of  the  mortgagor  to  the  passing  of  a  decree  in  conformity  to 
the  provisions  of  the  law,  as  to  authorize  the  court,  before  default,  forthwith 
to  decree  a  sale  of  the  mortgaged  premises.  A  clause  that,  "  in  case  of 
default  being  made  in  the  premises,"  it  shall  be  lawful  for  the  mortgagee, 
his  executors,  &c.,  "  to  procure  by  a  decree  of  any  court  of  competent  juris- 
diction, a  sale"  of  the  mortgaged  property,  does  not  bring  the  mortgage 
within  the  special  jurisdiction  of  the  mortgage  law.  Kenly  v.  Wierman^s 
ExW,  18  Md.  302. 

Proceedings  under  this  article  are  contemplated  to  be  ex  parte,  until  after 
the  decree  and  the  sale  under  the  decree,  and  the  propriety  of  the  decree, 
and  the  validity  of  the  sale  made  thereunder  are  to  be  inquired  into  and 
contested  after  tlio  passage  of  the  order  of  ratification  niM,  and  before  the 
final  order  of  confirmation  is  passed.    The  objection  to  a  decree  obtained 


Mortgages.  673 

Article  XXXVI.— Statutes. 


under  and  in  accordance  with  the  above  article  and  section  of  the  Code,  that 
it  was  entered  after  default,  is  not  supported  either  by  the  words  of  the  Code 
or  by  any  decided  case.  The  meaning  of  these  provisions  is,  that  where  the 
decree  is  entered  before  default,  no  sale  shall  be  made  till  something  is  due 
upon  the  mortgage.  Tlie  proceeding  is  authorized  to  be  taken  at  any  time 
.  after  the  recording  of  the  mortgage,  without  regard  to  the  time  limited 
therein  for  a  default  of  the  mortgagor.  He  is  protected  against  a  sale  until 
he  makes  default.  Bktck  v.  Carroll,  24  Md.  351 ;  Franz  v.  Teutonia  Build. 
Amo.,  Ibid,  2G9 ;  Brooks,  trustee  v.  Ilavs,  Ibid,  518 ;  Seebold  v.  Lockner  and 
Wife,  29  Md.  — . 

The  advertisement  of  a  trustee  appointed  to  sell  mortgaged  property, 
described  the  house  and  lot  in  the  city  of  Baltimore,  oflfered  for  sale  under 
the  decree,  as  situate  on  "  the  soutli  side  of  Lombard  street,  at  the  distance 
of  391  feet  or  thereabouts  from  the  southwest  corner  or  intersection  of  Lom- 
bard and  Canal  streets,  fronting  ou  Lombard  street  about  24  feet,  and 
extending  back  about  100  feet  to  the  midway  between  Lombard  and  Granby 
streets,  and  is  improved  liy  a  good  and  substantia!  three  story  brick  dwell- 
ing house,  with  a  brick  back  building."  Held,  that  this  was  an  insufflcieut 
description  of  the  prf)perty,  and,  in  connection  with  the  fact  that  it  sold  for 
much  less  than  it.s  value,  will  avoid  the  sale.  The  advertisement  is  designed 
not  only  to  let  the  public  know  what  property  is  thus  brought  into  market, 
but  also  tf)  afford  the  owner  an  opportunity  to  redeem  it  from  sale,  or  t(3  pre- 
vent its  being  sacriliced.  Judicial  sales  will  not  be  set  aside  for  causes  that 
the  parties  in  interest  might,  with  reasonable  diligence, liave  obviated;  every 
intendment  will  be  made  to  support  them.  IJut  where  the  court  can  see 
that  injustice  will  be  iuUicted  by  the  ratificaticm  of  a  sale,  upon  a  party  no. 
iu  default  by  reason  of  the  carelessness  or  omission  of  the  trustee,  the  salg 
should  not  be  ratilied.  In  such  sales  the  court  acts  for  all  parties,  through 
its  officer,  the  trustee,  and  all  parties  look  to  the  court  for  protection  against 
the  consequences  of  his  acts  or  omissions.    Kaufni%n,  v.  Walker,  9  Md.  229. 

Where  a  trustee  under  a  decree  for  foreclosure  inadvertently  describes  one 
of  the  lots  advertised  to  be  sold  as  subject  to  a  ground  rent  of  $65,  instead  of 
$65.50,  the  true  amount,  held,  that  this  furnished  no  adequate  ground  for 
interfering  with  the  sale.  A  mistake  in  the  year  in  one  of  the  advertise- 
ments of  sale  not  calculated  to  mislead — the  advertisement  of  the  same  in 
another  newspaper  being  without  exception — is  an  irregularity  which  the 
court  may  overlook  in  the*ratification  of  the  sale.  Brooks,  trustee  v.  Uays, 
24  Md.  507. 

Held  that  where  a  decree  for  the  sale  of  mortgaged  property  had  been 
passed,  and  after  the  trustee  had  advertised  the  property  for  sale,  the  mort- 
gagor applied  for  the  benefit  of  the  insolvent  laws,  and  his  trustee  in  insol- 
vency was  appointed  and  gave  bond,  the  latter,  and  not  the  trustee  under  the 
decree,  was  entitled  to  make  the  sale.  The  fact  that  the  trustee  in  insolvency 
filed  his  petition  in  the  mortgage  case,  denying  the  right  of  the  trustee  under 
the  decree  to  sell,  and  asking  that  the  sale  might  be  stopped,  on  the  ground 


674  Mortgages. 


Article  XXXVI.— Statutes. 


that  he  alone  had  the  right  to  sell,  is  not  a  submission  to  the  jurisdiction  of 
the  court  passing  the  degree,  to  such  an  extent  as  to  stop  him  from  success- 
fully resisting  the  sale.  Zeigler  v.  King,  9  Md.  330.  See  'White  v.  Malcolm, 
15  Md.  529. 

On  an  appeal  from  a  decree  under  this  mortgage  law,  the  Court  of  Appeals 
will  examine  the  terms  and  conditions  of  the  mortgage,  and  determine 
whether  the  decree  is  in  conformity  therewith.  In  proceedings  under  the 
mortgage  law  the  court  below  has  no  power  to  pass  any  decree  not  in  con- 
formity with  the  conditions  of  the  mortgage,  and  embraced  in  the  terms  of 
assent  to  the  decree  contained  in  the  mortgage  itself.  The  court  below  is 
not  authorized  to  determine  judicially  by  its  decree  the  amount  due  on  the 
mortgage,  and  a  decree  for  a  sale,  "unless  a  certain  sum. is  paid,"  when,  on 
the  face  of  the  mortgage,  no  such  sum  could  be  due  at  the  time  of  the  decree, 
and  there  was  no  covenant  or  engagement  in  the  mortgage  to  pay  any 
such  sum,  is  erroneous.    Robinson  v.  The  Am.  Homestead  Asso.,  10  Md.  397. 

The  objection  to  a  decree  passed  after  default  that  it  does  not  appear  by 
averment  of  proof  that  the  plaintiff  was  incorporated  as  a  building  associa- 
tion pursuant  to  law,  cannot  be  taken  advantage  of  by  a  defendant  who  has 
recognized  its  existence  and  right  to  sue  according  to  the  general  incorpora- 
tion law,  by  executing  to  it  a  mortgage.  Franz  v.  Teutonia  Build.  Asso.  24 
Md.  359. 

A  mortgage  was  executed  and  a  decree  obtained  thereon  on  the  equity 
side  of  Baltimore  County  Court.  Afterwards  a  bill  was  filed  in  chancery 
by  the  creditors  of  the  mortgagor  to  set  the  mortgage  aside  as  fraudulent  as 
against  them.  Held,  that  the  decree  in  equity  was  sufflcent  to  protect  the 
mortgagee  against  inquiry  in  this  case  into  the  question  of  fraud  in  obtain- 
ing the  mortgage.  McDonnell  et  al.  v.  Goldsmith,  6  Md.  319.  2  Md.  Ch.  Dec- 
370. 

The  summary  proceedings  prescribed  by  the  mortgage  law  of  Baltimore 
city,  are  not  applicable  to  mortgages  of  money  securities  and  bank  stock. 
Cronise  v.  Clark  et  al.,  4  Md.  Ch.  Dec.  403. 

Upon  the  final  ratification  of  a  sale  of  mortgaged  property,  made  under 
a  decree,  to  the  passing  of  which,  in  pursuance  of  the  law  relating  to  mort- 
gages in  the  city  of  Baltimore,  the  mortgagor  had  given  his  assent,  the  same 
legal  intendment  and  construction  are  to  be  appligd  thereto,  as  if  the  same 
had  been  made  by  virtue  of  an  ordinary  decree,  and  it  can  no  more  be  call- 
ed in  question,  in  any  collateral  proceeding,  than  a  sale  under  any  other 
decree  of  the  court.    Morrill  and  Wife  v.  Gelston's  Lessee,  34  Md.  418. 

Under  a  mortgage  executed  in  pursuance  of  the  sections  of  this  Article, 
a  decree  had  been  obtained  for  the  sale,  and  the  property  advertised  for  sale, 
when  the  mortgagor  filed  his  petition  alleging  that  he  was  not  in  default, 
and  praying  that  the  sale  might  be  suspended  and  the  case  referred  to  the 
auditor  to  state  an  account  between  the  parties,  &c.  After  hearing  the 
case  on  the  bill  and  answer,  which  denied  the  statements  of  the  petition,  the 


MOBTOAGES.  675 


Article  XXXVI.— Statutes. 


court  passed  an  order  temporarily  suspending  the  sale,  and  referring  the 
papers  to  the  auditor,  &c.  It  being  contended  that  said  court  could  not  pass 
such  an  order,  inasmuch  as  the  proceedings  under  the  above  mentioned  sec- 
tions were  ex  parte,  until  the  sale  be  made  and  reported,  and  that  objections 
to  the  sale  could  not  be  entertained  until  then,  in  view  of  the  provisions  of 
sections  6  and  7  of  this  article  and  the  previous  decisions  of  the  Court  of  Ap- 
peals. Held  that  while  section  6  prescribes  that  allegations  may  be  made 
against  sales  which  take  place  after  such  sales  are  reported,  and  section 
7  provides  for  the  action  to  be  taken  thereupon  by  the  court,  yet  in  none 
of  the  sections  of  this  article,  is  there  any  prohibitions  against  the  mort- 
gagor's taking  proceeding  to  stop  the  sale,  or  against  the  court's  granting  an 
order  suspending  the  sale,  or  even  granting  an  injunction;  and  that  the 
Court  had  authority  to  pass  said  order  suspending  the  sale  and  referring 
the  papers  to  the  auditor  to  state  an  account.  Equitable  Mutual  Land  Imp. 
Ass'n!  v.  Becker,  45  Md.  633. 

There  were  three  mortgages,  one  to  A.  B.  and  C.  each,  on  certain  leasehold 
property ;  a  decree  for  the  sale  of  the  said  property  was  obtained  by  B., 
under  sees.  782-793  inclusive,  of  Article  4  Public  Local  Laws,  of  sees.  1-13 
of  this  Article.  A.  was  appointed  trustee  to  make  the  sale,  and  at  the  sale 
announced  that  the  property  would  be  sold  clear  of  encumbrances.  The 
sale  was  made  and  finally  ratified  by  the  court.  The  auditor  stated  an 
account,  applying  the  proceeds  of  sale  to  the  payment  of  A's  mortgage,  and 
the  residue  to  B's,  leaving  a  balance  unpaid.  On  objections  by  C,  Held,  that 
A.,  as  mortgagee,  was  no  party  to  the  proceedings.  As  trustee  he  had  no  au- 
thority to  sell,  except  under  the  decree  in  B's  case,  and  could  only  sell  sub- 
ject to  his  own  prior  mortgage.  He  had,  therefore,  no  right  to  participate  in 
the  proceeds  of  the  sale.  They  should  have  been  applied  to  the  payment 
of  B's  mortgage,  and  the  balance  to  the  payment  of  C's.  Hardy  v.  Smith, 
et  al.,  41  Md.  1. 


67^ 


Paeks. 


Article  XXXVII. 


ARTICLE   XXXVII. 


PARKS. 


STATUTES . 


Resolution    a  ii  d    ordinance    of 
Mayor  and  City  Council  rela- 
ting to  parks  confirmed. 
Powers  of  park  commission:  rules 
and    regulations:    fines,  how 
recoverable. 
Speed  of  vehicles  and  equestrians 
on  approaches  f r  o  m    North 
avenue. 
Conservators  of  the  peace- 
Park  commission  may  make  re- 
quisition for  police :  powers  of 
police. 
Condemnation  of  laud  by  park 
commission. 


7.  Park    commission  may  enlkrge 

streets,  &c.,  leading  to  parks. 

STOCK. 

8.  Improvement  of  parks :  issue  of 

bonds  authorized. 

ZOOLOGY. 

9.  Park  commission  to  form  a  zoo- 

logical collection. 

10.  Subscriptions :  stock  :  seal. 

11.  Tickets. 

12.  Charges. 

13.  Accounts:  report  to  Mayor  and 

City  Council. 

14.  Employees. 


ORDINANCES 


FATTEKSON   PARK  AND   STOCK. 

1.  Superintendent:  compensation. 

2.  Park  commission  to  purchase  or 

condemn  land  for  extension  of 
park:  description. 

3.  Register  to  issue  bonds  of  city : 

proceeds  to  be  used  for  pur- 
chase of  property:  proviso: 
when  to  go  into  cfiFect. 

4.  Bonds  redeemable  in  twenty  years 

5.  Investment :  sinking  fund. 

6.  Surplus  of  revenue  of  city  pas- 

senger railway  company  to  be 
applied  to  interest  on  bonds. 


10. 


11. 


KIVERSIDE   PARK. 

Mayor  authorized  to  lease  ground 
for  enlargement  of  Battery 
Square :  rent  to  be  paid  semi- 
annually. 

Name. 

Parcel  of  land  lying  within  lines 
of  Riverside  Park  taken  for 
public  square. 

Riverside  Park  in  charge  of 
park  commission :  powers. 

Appropriations. 


Parks.  677 

Article  XXXVII.— Statutes. 


STATUTES. 

1.     The  resolution  of  the  Mayor  and  City  Council  of  Bal-  i8C2,c.29. 
tiraore,  appointing  a  commission  in  relation  to  the  proposed  Resolution  and 

'      i  ^  O  '       i  ordinance  of 

public  parks,  approved  June  the  fourth,  eighteen  hundred  and  ^„*u'„"/ji'"g'jgtjn 
sixty,  and  an  ordinance  of  the  said  Mayor  and  Council,  to  fi° ^ed!' ''°'" 
provide  for  a  public  park  or  parks,  approved  July  the  twen- 
ty-first, eighteen  hundred  and  sixty,*  are  hereby  confirmed. 


*The  act  of  1863,  c.  29,  repealed  1861,  c  41,  on  same  subject.  The  reso- 
lution and  ordinance  referred  to  above,  are  as  follows :  (For  the  provisions  of 
the  ordinances  and  acts  of  assembly  relating  to  the  Tax  on  the  Passenger  Re- 
ceipts of  the  Kailvpay  Companies,  see  Railroads,  Art.  XL.) 

The  resolution  is  Res.  No.  227,  June  4,  '60  :  it  recited  that,  as  one-fifth  of 
the  revenue  from  the  Passenger  Railway  Company  w^as  to  be  devoted  to  the 
purchase  of  a  park  or  parks  for  the  city  of  Baltimore ;  and  that,  a  considera- 
ble portion  of  "the  funds  was  already  in  the  hands  of  the  Register,  and 
more  accruing  every  day ;  and  that  it  was  fitting  that  some  action  looking 
to  a  proper  selection  of  the  park  or  parks,  and  the  purchase  of  the  same 
should  be  taken  by  that  Council,  therefore,  it  was  resolved  that  the  Mayor 
be  authorized  and  empowered  to  appoint  four  discreet  persons,  who,  with 
the  Mayor,  should  constitute  a  commission  to  select  and  purchase,  in  the 
name  of  the  Mayor  and  City  Council,  a  site  or  sites,  the  number  of  acres, 
&c.,  for  the  proposed  park  or  parks,  said  commission  to  serve  without  pay 
or  emolument. 

The  ordinance  is  Ord.  No.  60,  July  21,  '60:  it  enacted  that, 
1.  Whenever  the  commissioners  appointed  under  a  resolution  of  the  Mayor 
and  City  Council  of  Baltimore,  entitled  resolution  appointing  a  commission 
in  relation  to  the  proposed  public  parks,  should  certify  to  the  Register,  under 
their  respective  hands,  that  they  had  purchased  the  site  or  sites  for  a  park 
or  parks,  describing  the  same  in  their  said  certificate,  and  stating  the  price 
agreed  to  be  paid  therefor  and  the  terms  of  sale,  it  should  be  the  duty  of  thg 
said  Register  to  issue  and  deliver  to  the  said  commission,  certificates  of  stock 
of  the  Mayor  and  City  Council  of  Baltimore,  in  the  usual  form,  redeemable 
at  the  end  of  thirty  years  from  the  date  thereof,  and  designated  on  the  face 
of  the  certificate  as  "Public  Park  Stock,"  for  the  amount  of  said  purchase 
money,  and  in  accordance  with  the  terms  of  sale ;  which  certificates  of 
stock  should  be  delivered  to  the  vender  or  venders  of  such  site  or  sites,  by 
the  said  commissioners  upon  the  conveyance  to  the  Mayor  and  City  Council 
of  Baltimore  of  the  property  so  purchased,  and  after  the  Counselor  of  the 
City  should  have  certified  to  the  sufficiency  of  the  title  or  titles  thereof;  and 
should  the  said  commission  not  be  able  to  complete  the  purchase  of  said  site 


678  Paeks. 

Article  XXXVII.— Statutes. 


and  all  acts  done  or  which  maybe  hereafter  done  by  the  said 
Mayor  and  City  Council,  or  other  officer  of  said  city,  or  by 
the  Park  Commission  acting  under  the  provisions  of  said 
resolution  and  ordinance,  shall  have  the  same  effect  as  if  the 

or  sites  at  one  time,  so  as  to  be  obliged  to  make  several  certificates  to  the 
Register,  the  same  proceedings  as  those  just  mentioned  should  be  had  in  each 
and  every  case. 

3.  That  the  revenue  derived  and  to  be  derived  by  the  Mayor  and  City 
Council  of  Baltimore  from  the  City  Passenger  Railways,  was  thereby  pledg- 
ed and  set  apart  for  the  payment  of  the  interest  on  the  certificates  of  stock 
to  be  issued  under  this  ordinance. 

3.  That  one-fifth  of  the  revenue  aforesaid,  remaining  after  the  payment  of 
the  interest  aforesaid,  should  be  invested  by  the  Register  in  the  stock  of 
the  city  of  Baltimore,  as  a  sinking  fund  for  the  redemption  of  the  stock 
created  by  this  ordinance. 

4.  That  the  four-fifths  of  said  remaining  revenue  should  be  paid  by  the 
Register,  on  the  order  of  the  said  commission,  as  the  said  revenue  should  be 
received,  for  the  improvement  and  maintenance  of  the  pari? or  parks  afore- 
said. 

5.  That  said  commission  should  make  annually  to  the  Mayor  and  City 
Council  of  Baltimore,  in  season  to  be  referred  to  in  the  annual  message  of  the 
Mayor  to  the  Council,  a  full  and  detailed  report  of  their  proceedings  in  the 
execution  of  the  trust  reposed  in  them,  showing  the  character  and  quantity 
of  work  done  and  the  moneys  paid  therefor,  the  persons  in  their  employ- 
ment, their  duties  and  compensation,  together  with  the  plan  proposed  for 
their  operations  during  the  coming  year. 

6.  That  the  present  commission  were  authorized  to  take  charge  of  the  said 
park  or  parks,  and  the  improvement  and  maintenance,  including  the  preser- 
vation thereof;  and  to  that  end  they  were  clothed  with  all  power  necessary 
for  that  purpose,  and  might  appoint  and  compensate  such  ofiicer  or  ofHcers, 
engineer  or  engineers,  gardener  or  gardeners,  and  employ  such  laborers  as 
they  might  deem  proper  and  necessary,  and  with  power  also  to  appoint  and 
compensate  guardians  of  the  said  property  for  the  preservation  of  order 
within  the  limits  thereof. 

7.  That  the  Mayor  of  the  City,  for  the  time  being,  should  always  be  a 
member  of  the  commission  ex-offlcio. 

8.  That  the  said  commission  should  have  power  and  authority  to  dispose 
of,  by  sale  or  otherwise,  any  portion  of  said  site  or  sites  originally  purchased, 
which  might  not  be  necessary  for  the  purposes  of  said  park  or  parks,  as  well 
as  any  crop,  wood,  trees,  or  other  property,  that  might  be  severable  from 
the  freehold,  should  it  become  necessary,  in  the  improvement  and  mainte- 
nance of  said  park  or  parks,  so  to  do,  in  their  judgment,  and  to  make  use  of 
the  avails  thereof  for  the  use  of  said  park  or  parks.    Ancl  the  Mayor  was 


Parks.  679 

Article  XXXVII.— Statutes. 


said  Mayor  and  City  Council,  prior  to  the  passage  of  the 
said  resolution  and  ordinance,  had  been  expressly  empower- 
ed by  an  act  of  the  General  Assembly  of  Maryland,  to  enact 
a  resolution  and  ordinance  in  the  precise  terms  of  the  said 
resolution  and  ordinance,  and  to  provide  for  carrying  the 
same  into  effect ;  but  nothing  herein  is  to  aflFect  any  right 
whatsoever  of  the  Green  Spring  Avenue  Company.* 

authorized  to  execute  any  conveyances,  certified  by  tlie  City  Counselor, 
that  might  be  required  therefor;  provided,  however,  that  the  joint  expenses 
of  said  improvement  and  maintenance  should  not  exceed  in  any  year  the  net 
revenue  that  might  be  received  under  the  provisions  of  this  8th  section, 
together  with  the  said  four  fifths  of  remaining  revenue,  as  set  apart  for  this 
purpose  in  the  4th  section  of  this  ordinance. 

9.  That  the  said  commission  should  have  full  power  to  make  all  agreements 
with  proprietors  in  regard  to  division  lines  and  enclosures,  the  adjusting 
thereof,  and  the  exchanging  of  property  for  that  purpose;  and  in  lilce  man- 
ner, the  said  commission  should  have  full  power  to  agree  for  the  closing  of 
public  roads,  should  any  be  found  to  run  through  said  site  or  sites,  or  to 
make  such  arrangement  thereof  as  should  enable  them  to  have  entire  con- 
trol of  the  said  park  or  parks,  the  exclusion  of  improper  parties,  and  the 
general  police  thereof. 

10.  That  in  addition  to  the  commission,  Thomas  Swann,  then  a  mem- 
ber thereof  as  Mayor  of  the  city  ex-offlcio,  was  appointed  a  commissioner 
in  his  individual  capacity. 

11.  That  nothing  herein  contained  should  be  taken  to  authorize  the  pay- 
ment of  either  salary  or  emolument  of  any  kind  to  the  said  commissioners, 
or  any  of  them. 

12.  That  should  any  vacancy  occur  in  said  commission  from  death,  resig- 
nation, or  failure  to  serve,  the  same  should  be  filled  by  the  said  commission 
itself,  and  be  by  them  reported  to  the  Council,  for  and  subject  to  its  approval, 
at  the  first  session  thereafter. 

See  other  ordinances,  &c.  as  to  park  police,  under  Police,  Art.  XXXVIII; 
as  to  park  stock,  under  Stocks,  Art.  XL VI;  as  to  avenues  around  park,  see 
Streets,  Art.  XL VII;  as  to  railways  into  park,  under  Railroads,  Art.  XL;  as 
to  lakes  and  reservoirs,  under  Water,  LIII. 

*  1864,  c.  141,  entitled  an  Act  to  amend  the  Act  to  incorporate  the  Green 
Spring  Avenue  Company,  passed  at  January  session,  1858,  c.  216,  and  the 
act  amendatory  thereof,  passed  at  January  session,  1860,  c.  164,  and  to 
carry  out  the  provisions  of  an  agreement  made  between  the  said  company 
and  the  Mayor  and  City  Council  of  Baltimore,  recites  that,  an  agreement 
has  been  made  between  the  said  Company  and  the  Mayor  and  City  Council 


680 


Parks. 


Article  XXXVIL— Statutes. 


1862,  c.  29.  2.     The  Park  Commission,  for  the  time  being,  appointed 

Powers  of  park  Under  the  provisions  of  said  resolution  and  ordinance,  or  any 
resolution  or  ordinance  supplementary  thereto,  shall  have 


commissioners. 


Rules  and  regu-  power,  from  time  to  time,  to  make  such  rules  and  regulations 

lations.  '•  •'  " 

for  the  government  and  the  preservation  of  order  within  the 

said  parks  as  they  may  deem  expedient,  declaring  what  fines, 

Fine?, howre-   not  excecdinoT  in  anv  one  case  one  hundred  dollars,  shall  be 

coveiable.  .  ^ 

imposed  for  breaches  of  said  rules  and  regulations,  to  be  re- 
coverable in  the  name  of  the  Mayor  ami  City  Council  of  Bal- 
timore, as  small  debts  are  recoverable  before  a  justice  of  the 
peace  of  the  said  city,  and  appropriated  to  the  purposes  of 
said  park. 

i87e, C.40.  3.     The  Park  Commission  is  authorized  and  empowered 

Speed  of  to  rcgulatc  the  speed  of  vehicles  and  equestrians  on  the  ap- 

vehiclos  and  or  l  l 

equestrians  on    proachcs  to  Druid  Hill  Park  from  North   Avenue,  as  they 

approaches  ^  •' 

avenue!"^"'  ^^'^  empowered  to  do  within  the  limits  o '  said  park,  and  to 
impose  the  same  penalties  for  the  violation  of  any  regulation 
they  may  establish  in  this  connection. 

1802,  c.  29.  4.     The  several  members  of  the  said  Park  Commission  shall 

Conservators  of  liavc  the  powcr  of  couscrvators  of  the  peace  within  the  limits 

the  peace.  . 

01  the  said  parks. 


of  Baltimore,  whereby  a  road  has  been  provided  thnjugh  Druid  Hill  Park, 
from  the  southern  entrance  thereof  to  an  entrance  already  agreed  upon  on 
Woodberry  lane,  which  road  is  to  be  at  all  times  hereafter  kept  open  and  in 
repair  by  the  Park  Commissioner^,  for  use  at  all  hours  of  the  day  and  night, 
for  such  travel  as  is  permitted  by  the  general  regulations  of  the  park  within 
its  limits;  it  then  enacts,  that  the  Green  Spring  Avenue  Company  are 
hereby  released  from  the  obligation  of  constructing  their  said  avenue  south 
of  the  northern  boundary  of  said  park ;  and  that  the  said  Druid  Hill  Park 
is  hereby  declared  to  be  forever  exempt  from  the  passage  through  it,  or  the 
construction  within  it  of  any  public  highway,  turnpike  or  railroad.  And 
that  this  act  shall  be  of  non-effect  until  accepted  by  the  Green  Spring 
Avenue  Company. 

This  act  was  duly  accepted  by  the  company. 


Parks.  681 

Article  XXXVII.— Statutes. 


5.  The  board  of  police  of  the  said  city  are  authorized,  on  isea,  c.  ag. 
the  requisition  of  the  Park  Commission  to  detail,  from  time  Paikcommis. 

.,,     ,  ,  !•/•  n         •  ^       '  1       3ion  may  make 

to  time,  such  or  the  refjular  police  lorce  oi  said  city,  as  the  requisition lor 

'  o  I  .  police. 

said  board  may  deem  necessary  for  the  preservation  of  order 

within  the  said  parks,  according  to  the  regulations  aforesaid, 

and  under  the  direction  of  said  board  ;  whicli  detailed  force 

shall  have  the  same  power  in  the  premises,  that  tlie  police  of  powers  of  po- 

city  have  as  conservators  of  the  peace. 

6.  If  the  said  Park  Commissioners  should  find  that  they  i87o,  c.es. 
cannot  agree  with  the  owner  of  any  land,  or  of  any  interest  condemnation 
in  land,  which  may  be  found  necessary  to  be  added  to  Druid  com'missionMs. 
Hill  Park  or  to  Patterson  Park,  or  if  the  owner  thereof,  or 

any  of  the  owners  thereof,  at  the  time  of  the  application  be 
feme  covert,  under  age,  non  compos  mentis,  or  residing  out  of 
Baltimore  county,  or  in  the  case  of  Patterson  Park,  out  of 
Baltimore  city,  application  may  be  made  by  the  said  com- 
missioners to  any  justice  of  the  peace  of  Baltimore  county, 
or  in  the  case  of  Patterson  Park,  to  any  justice  of  the  peace 
of  Baltimore  city,  who  shall  thei-eupon  issue  his  warrant 
under  hand  and  seal,  directed  to  the  Sheriff  of  the  county,  or 
in  the  case  of  Patterson  Park,  to  the  Sheriff  of  Baltimore 
city,  directing  him  to  summon  a  jury  of  twenty  inhabit- 
ants of  said  county,  or  in  the  case  of  Patterson  Park,  of 
said  city,  not  relating  to  the  parties,  nor  in  any  wise  inter- 
ested, to  meet  on  the  land,  to  be  valued  on  a  day  named  in 
said  warrant,  not  less  than  ten  nor  more  then  twenty  days 
after  issuing  the  same  ;  and  if  at  said  time  and  place  any  of 
said  jurors  summoned  do  not  attend,  the  said  Sheriff  shall 
immediately  summon  as  many  jurors  as  may  be  necessary, 
with  the  jurors  in  attendance,  to  furnish  a  panel  of  twenty 
jurors  in  attendance,  and  from  them  each  party  or  his  agent, 
or  if  either  be  not  present  in  person  or  by  agent,  the  Sheriff 
for  him,  may  strike  off  four  jurors,  and  the  remaining  twelve 
may  act  as  a  jury  of  inquest ;  and  before  they  act  as  such 


Parks. 


Article  XXXVII.— Statutes. 


the  Sheriff  shall  administer  to  each  of  them  an  oath  or  affir- 
mation, as  the  case  may  he,  that  he  will  justly  and  impar- 
tially value  the  land  required  hy  said  Mayor  and  City  Coun- 
cil for  the  park  aforesaid  ;  and  the  said  jury  shall  reduce 
their  inquisition  to  writing,  and  shall  sign  and  seal  the 
same,  and  it  shall  then  be  returned  by  the  said  Sheriff  to  the 
clerk  of  the  Circuit  Court  for  Baltimore  county,  or  in  the  case  of 
Patterson  Park,  to  the  Circuit  Court  of  Baltimore  City,  to 
be  filed  in  his  court  for  confirmation  by  said  court  at  its 
next  term,  if  no  sufficient  cause  to  the  contrary  be  shown, 
and  when  returned  shall  be  recorded  by  said  clerk  at  the 
expense  of  said  Mayor  and  City  Council  ;  but  if  set  aside, 
the  court  may  direct  another  inquisition  to  be  taken  in  the 
manner  above  prescribed,  and  such  inquisition  shall  describe 
the  land  taken  and  the  quantity  or  duration  of  the  interest 
in  the  same,  valued  for  Mayor  and  City  Council,  and  such 
valuation  when  paid,  or  tendered  to  the  owner  of  said  land, 
or  his  or  her  legal  representatives,  shall  entitle  the  said 
Mayor  and  City  Council  to  the  estate  or  interest  so  valued, 
as  fully  as  if  it  had  been  conveyed  by  the  owner  thereof;  and 
the  valuation,  if  not  received  when  tendered,  may  at  any 
time  thereafter  be  received  from  the  said  Mayor  and  City 
Council  by  the  said  owner. 

May  enlarge  7.     The  Said  Park  Commissioners  are  authorized  to  enlarge 

streets   <&c 

leading  to"      the  strccts  and  avenues  around  and  leading  to  said  parks, 

parks.  ^  _  °  ^ 

and  in  the  event  of  failing  to  agree  with  the  owner  of  any 
property  required  for  that  purpose,  or  of  any  interest  there- 
in for  the  purchase  thereof,  or  if  the  owner  be  ?ife,me  covert, 
under  age,  non  compos  mentis,  or  be  residing  out  of  the 
county  at  the  time,  or  in  the  case  of  Patterson  Park,  out  of 
Baltimore  city,  the  said  commissioners  are  authorized  to 
condemn  the  same  in  the  manner  specified  in  the  foregoing 
section,  the  oath  to  each  juror  being  that  he  will  justly  and 
impartially  value  the  damages  which  the  owner  will  sustain 


Parks. 


Article  XXXVII.— Statutes. 


by  the  enlarging  of  the  particular  street  or  avenue,  as  the 
case  may  be. 

STOCK. 

8.     The  Mayor  and  City  Council  of  Baltimore  are  hereby  iges.c.  36. 
authorized  to  issue,  from  time  to  time,  as  they  may  deem  pro-  ig»ue  of  bonds 

authorized. 

per,  the  bonds  of  said  Mayor  and  City  Council,  payable  at 
such  time  and  for  such  sums  as  they  may  deem  proper,  not 
exceeding  the  sum  of  fifty  thousand  dollars  in  any  one  year, 
and  in  the  whole  not  exceeding  the  sum  of  one  hundred 
thousand  dollars,  for  the  improvement  of  the  public  parks  improvtment 
of  the  said  city,  the  authority  now  given  being  that  required 
by  the  seventh  section  of  article  eleven  of  the  Constitution 
of  this  State,  to  enable  the  said  Mayor  and  City  Council  to 
make  appropriation  at  their  discretion  within  the  above 
limits  for  the  purpose  aforesaid.* 


*The  Park  Commission,  in  their  report  to  Mayor,  «&c.,  Jan.  1, 1869,  give 
the  following  estimate  of  number  of  acres  and  cost  of  Druid  Hill  Park: 

The  purchase  from  Mr.  Rogers  of  the  Druid  A.    R.   p. 

Hill  Estate,  was 453,  0,  28,  @  |1,000  per  acre. 

Additional  purchase  of  Mr.  Rogers 8,  1,  17,  "        "  " 

11,  3,  36,  " 

One-fourth  of  the  Mount  Vernon  Cemetery,. .  16,  0.  00,  "        "  " 

Bought  of  Kraft's  heirs, 4,  3,  15,  for  $6,000. 

"      John  Clark  and  others, 11,  2,  23,  @  $1,000  per  acre. 

"      Hugh  Gelston, 7,3,00,"         700       " 

"      Miles  White, 5,1,   5,"         800       " 

Making  in  all 518,  3,  4, 

In  addition  to  the  above,  the  land  adjacent  to  Druid  Lake  is  also  included  in 
he  p  ark,  making  the  area  of  this  park  nearly  700  acres. 

By  Ord.  No.  117,  June  29, 1875,  the  Mayor  and  City  Council  of  Baltimore 
were  authorized  and  directed  to  condemn  or  purchase  the  four-sevenths 
of  the  lot  of  ground  purchased  from  the  late  Hugh  Gelston,  lying  within 
the  limits  of  Druid  Hill  Park,  the  title  to  which  had  been  declared  invalid. 

The  37  acres  originally  comprising  Patterson.Park,  were  conveyed  by  deed 
of  gift  to  the  city  by  William  Patterson  about  1827. 


684 


Parks. 


Article  XXXVII.— Statutes. 


1876,  c.  344. 
s.  2. 

Park  Commis- 
sion to  form  a 
zoological  col- 
lection. 


Ibid,  s.  3. 
Subscriptions. 


Seal. 

Ibid,  8.  4. 

Tickets. 


Ibid,  s.  5. 
Charges. 

Ibid,  s.  6. 
Accounts. 


ZOOLOGY. 

9.  In  addition  to  the  powers  heretofore  conferred  upon 
the  Public  Park  Conamission  of  the  City  of  Baltimore,  it  is 
hereby  authorized  to  fi)rm  a  zoological  collection  within  the 
limits  of  Druid  Hill  Park,  by  the  purchase  and  collection 
of  living,  wild,  and  other  animals,  for  the  purpose  of  public 
exhibition  for  the  instruction  and  recreation  of  the  people, 
with  power  to  make  contracts  in  regard  thereto,  and  shall 
be  capable  at  law  of  holding  and  at  pleasure  disposing  of 
gifts,  devises  and  other  property  for  the  use  of  said  collection. 

10.  The  said  commission  is  hereby  authorized  to  receive 
subscriptions  of  money  for  the  purpose  of  said  collection  not 
to  exceed  in  amount  one  hundred  thousand  dollars,  and  to 
issue  certificates  of  stock  therefor,  in  sums  of  not  less  than 
one  hundred  dollars,  each  bearing  interest  at  the  rate  of  six 
per  cent.,  payable  half  yearly  out  of  the  income  derived 
from  said  collection,  which  certificates  shall  be  signed  by  a 
member  of  said  commission  appointed  by  them  for  the  pur- 
pose, and  the  secretary  thereof,  and  have  attached  thereto  a 
seal,  which  the  said  commission  are  hereby  authorized  to 
adopt  for  the  purpose. 

11.  In  addition  to  the  six  per  cent,  interest  aforesaid, 
each  holder  of  a  certificate  shall  be  entitled  to  receive  for 
every  one  hundred  dollars  subscribed  by  him  or  her,  as 
many  free  entrance  tickets  to  the  zoological  collection  as 
the  said  commission  may  deem  proper. 

12.  The  said  commission  shall  be  authorized  to  charge 
and  receive  from  each  visitor  to  said  collection,  for  the  use 
thereof,  such  reasonable  fee  as  the  said  commission  may  fix. 

13.  The  said  commission  is  hereby  required  to  cause 
to  be  kept  separate  accounts,  showing  the  receipts  and  expen- 
ditures of  said  collection,  which  shall  accompany  the  annual 


Parks.  685 

Article  XXXVII.— Ordinances. 

report  that  said   commission   are  required  to  make  to  the  Report  to  Mayor 
Mayor  and  City  Council  of  Baltimore.  cii, 

14.     The  said  commission  shall  have  full  power  to  employ  iwd,  s.  r. 
and  compensate  all  persons,  whom,  in  their  judgment,  it  may  Employee*. 
be  proper  to  employ  in  obtaining  and  supporting  and  man- 
aging the  collection  aforesaid. 

ORDINANCES  . 
PATTERSON  PARK  AND  STOCK. 

1.  The  Park  Commission  is  authorized  to  appoint  a  super-  superintendent, 
intendant  of  Patterson    Park,  with  knowledge  and  skill  to 

carry  on  the  work  of  improving  said  park,  under  the  direction 

and  control  of  the  commission,  tlie  compensation  of  the  said  compensation. 

superintendent  to  be  regulated  by  the  commission,  and  to  be 

paid  out  of  the  fund  applicable  to  said  park. 

2.  The  Park  Commissioners  are  hereby  authorized  and  di-  no.  iie,  June 

23  '71 

rected  to  purchase  or  condemn  the  following  described  land  for  park  commis- 
the  extension  of  Patterson  Park,  that  is  to  say  :  commencing  at  ch°a"e"r  co"-'" 
the  southwest  corner  of  the  said  park  at  Gough  street,  and  extei.8ion  of 
running  thence  southerly,  binding  on  the  east  side  of  Patterson  Description. 
Park  avenue  to  Eastern  avenue,  thence  easterly,  binding  on 
the   north  side   of  said   Eastern    avenue  to  Potomac  street, 
thence  on  the  west  side  of  Potomac  street  northerly  to  Balti- 
more street,  and  thence  westerly  and  binding  on  the  south  side 
of  Baltimore  street  to  the  northeast  corner  of  the  said  park  at 
Luzerne  street. 

3.  The  Register  of  the  City  is  hereby  authorized  and  di-  ibid,  s.  2. 
rected  to  issue  the  bonds  of  the  city  to  an  amount  not  exceed-  Register  to 

1111  1111  /»  •  •  issue  bonds  of 

ing  two  hundred  thousand  dollars,  irom  time  to   time,  as  the  cuy. 
same  may  be  required  for  the  purchase  or  condemnation  and 
improvement  of  said  lands,  the  proceeds  from  the  sale  of  which 
bonds  shall  be  used  for  the  purchase  of  the  property  to  be 


686 


Parks. 


Article  XXXVII.— Ordinances. 


Proceeds  to  be    embraced  in  the  extension  hereby  contemplated,  and  for  the 

used  for  pur- 

improvement  of  the  same,  and  for  no  other  purpose  whatever; 


chase  of  prop' 
erty. 

Proviso. 

When  to  go 
into  effect. 


and  provided  further,  that  this  ordinance  shall  not  go  into 
effect  until  the  issue  of  the  said  bonds  shall  be  authorized  by 
an  act  of  the  General  Assembly  of  Maryland,  nor  until  this 
ordinance  shall  be  approved  by  the  votes  of  a  majority  of  the 
legal  voters  of  the  city  of  Baltimore,  cast  at  the  time  and 
places  hereinafter  designated.* 

Ibid, 8.  3.  4.     The  said  bonds  shall  be  issued  in  sums  of  not  less  than 

Bonds  redeem-  ouc  hundred  dollars  each,  redeemable  in  twenty  years,  and 

able  in  twenty  ,     . 

years.  bearing  interest  ot  six  per  cent,  per  annum,  payable  quarterly, 

and  transferable  as  other  city  bonds. 

Ibid,  8. 8.  5.     One-tenth  of  the  par  value  of  said  bonds  shall  be  in- 

investment.      vestcd  by  the  Commissioners  of  Finance  in  the  bonds  of  the 

city  of  Baltimore,  or  in  bonds  for  which  the  city  is  liable,  by 
Sinking  fund,    endorsement,  as  a  sinking  fund  for   the   redemption  of  the 

bonds  issued  under  the  provisions  of  this  ordinance. 

Ibid,  8. 9.  6.     After  deducting  from  the  revenue  derived  from  the  city 

Surplus  of        passenger  railways,  the  interest  on  the  present  issue  of  the 

revenue  of  City  .in  ,  •,.  , 

Passenger  Kail- park  stock  uudcr  the  ordinance  to  provide  tor  a  public  park 

way  to  be  ap-      '  i  i  i 

onljonds"'^'^^'  ^^  parks,  and  the  interest  on  the  stock  herein  authorized  to  be 
issued,  and  the  sinking  fund  therein  and  herein  provided  for, 
and  the  further  sum  of  ten  thousand  dollars  annually,  for  the 
maintenance  of  the  parks,  the  surplus  of  said  revenue  shall  be 
applied,  as  far  as  necessary,  to  reimburse  the  city  the  interest 
upon  the  bonds  heretofore  and  hereby  authorized  to  be  issued; 
provided,  that  not  less  than  one-fifth  of  the  said  ten  thousand 
dollars  and  of  th6  excess  of  annual  receipts  from  the  passen- 
ger railway  over  the  amount  necessary  to  provide  for  the 
interest  on  the  bonds,  heretofore  and  hereby  authorized  to  be 


Proviso. 


*  This  ordinance  was  duly  approved ;  it  contained  the  provisions  usual  in 
such  cases,  authorizing  its  submission  to  the  voters  and  publication,  &c. 


Parks.  687 

Article  XXXVII.— Ordinances. 

issued,  shall  be  expended  in  the  improvement  and  preservation 
of  Patterson  Park.* 

RIVERSIDE  PARK. 

7.  The  Mayor  is  hereby  authorized  and  requested,  in  the  no.  es,  June  ii, 

name  of  the  corporation  of  Baltimore,  to  lease  fourteen  acres,  Mayor  author- 
ized to  leaae 

more  or  loss,  of  ground  for  the  enlargement  of  Battery  Square,  pound  foren- 

'         ry  O  ./       T.  '  lareement  of 

upon  the  south  side  of  said  square,  from  the  estate  of  the  late  battery  square. 
Alexander  Gould,  at  a  capitalized  rate  not  to  exceed  five 
thousand  dollars  per  acre,  for  ninety-nine  years,  renewable 
forever,  the  rent  to  be  paid  semi-annually,  at  six  per  cent.,  Bent  to  he  paid 
and  to  be  redeemable  at  the  pleasure  of  the  Mayor  and  City 
Council,  at  any  time  within  twenty-five  years  from  the  appro- 
val of  this  ordinance.f 

8.  The  name  of  the  property  shall  be  Kiverside  Park.         iMds.  2. 

9.  The  Commissioners  for  Opening  Streets  are  authorized  No.  103,  s.  1, 

r  D  June  1, '76. 

and  directed  to  condemn  and  take  for  a  public  square,  all  that 

*  By  the  act  of  1872,  c.  7,  tlie  Mayor  and  City  Council  of  Baltimore  were 
authorized  and  empowered  to  issue  the  bonds  of  the  said  city  to  the  amount 
of  two  hundred  thousand  dollars,  for  the  purpose  of  providing  for  the  ex- 
tension of  Patterson  Park,  in  said  city,  and  the  above  ordinance  of  the 
Mayor  and  City  Council,  June  23, 1872,  was  ratified  and  confirmed.  See  Art. 
XL,  Railroads,  Reduction  of  Tax  and  Stocks,  Art.  XL VI,  Park  Stock.  By 
resolution  No.  330,  May  15,  1875,  the  Park  Commission  of  Druid  Hill  and 
I'atterson  Parks,  are  requested  to  have  no  laborers  employed  in  said  parks 
but  those  who  are  resident  citizens  of  Baltimore  city. 

t  By  resolution  No.  418,  October  22, 1873,  the  Mayor,  for  and  in  behalf  of 
the  corporate  authorities  of  Baltimore  city,  was  authorized  and  directed  to 
execute  a  lease  of  the  land  belonging  to  the  estate  of  the  late  Alexander 
Gould,  Sr.,  deceased,  embraced  in  the  ordinance  for  the  enlargement  of  Bat- 
tery Square,  upon  condition  that  the  trustees  of  the  said  Gould  estate  give 
a  good  and  sufficient  bond,  to  be  approved  by  the  City  Solicitor,  to  indem- 
nify the  city  for  any  greater  sum  of  money  that  a  jury  of  inquisition  may 
assess  over  and  above  the  amount  already  agreed  upon  with  the  trustees  of 
the  Gould  estate,  for  the  acre  of  ground,  more  or  less,  owned  by  John  S.  Git- 
tings.  See  resolution  No.  329,  May  15,  1875,  as  to  improving  park ;  ordi- 
nance No.  16,  April  13,  1878,  provides  for  introducing  gas  into  park.  See 
article  XLV,  Squares. 


688  Parks. 

Article  XXXVII.— Ordinances. 
A  parcel  of  land  parcel  OP  Dortion  of  land  in  the  city  of  Baltimore,  on  the  west 

lying  within  . 

River^de'park  ^^^^  ^^  Covington  strcct,  bctwecn  Battery  Square  and  Wells 
squt^e!*"^ ''"^^'^  street  or  Ohio  avenue,  and  lying  within  the  lines  of  Riverside 
Park,  and  described  as  follows,  to  wit :  Beginning  for  the 
same  in  the  centre  of  Covington  street,  where  it  is  intersected 
by  the  division  line  between  John  S.  Gittings'  and  Alexander 
Gould's  estate,  being  north  of  Barney  street,  and  running 
thence  binding  on  said  division  line  south  forty- eight  and  one- 
half  degrees,  west  three  hundred  and  seven  feet  eight  inches ; 
thence  still  on  the  division  line  between  the  land  of  John  S. 
Gittings,  and  the  ground  formerly  belonging  to  Alexander 
Gould's  estate,  south  forty-two  degrees,  east  three  hundred  and 
twenty-nine  feet  ten  inches  to  the  centre  line  of  Covington 
street,  and  thence  northerly  binding  on  the  centre  line  of  Cov- 
ington street  about  four  hundred  and  fifty-five  feet  to  the 
beginning,  containing  one  and  one-sixth  acres  of  land  more  or 
less. 

No.  7,  Feb.  2,        10.     The  Park  Commission,  created  by  ordinance  No.  60, 
Riverside  Park  of  the  Ordinances  of  the  city,  approved  July  2l8t,  1860,  (p.  677 

in  charge  of  ./ '      rr  .7  J  J  vr 

ParkCommis-  ante,)  are  hereby  authorized  and  directed  to  take  charge  of 
Riverside  Park  and  the  improvement  and  preservation  thereof. 

Powers.  and  to  that  end  shall  have  all  the  power  which  is  vested  in 

them  by  the  ordinance  aforesaid  in  ngard  to  Druid  Hill  and 
Patterson  Parks. 

Ibid,  8.2.  11.     All  moneys  appropriated  for  the  maintenance  and  ini- 

Appropriations.  provemcnt  of  Riverside  Park  shall  be  expended  under  the 
direction  of  said  Park  Commission. 


Police. 


689 


Article  XXXVIU. 


AIITICLE  XXXVIIL 


POLICE. 


STATUTE  8 


1.  Power  to  pass  ordinances  to  pre- 

serve order,  secure  property, 
(fee:  not  to  interfere  witli  pow- 
ers of  board  of  police. 

BOARD  OF  POLICE   COMMISSIONEIIS. 

2.  Election  of  police  commissioners: 

removal,  &c. :  salary:  bond: 
oath. 

3.  President  and  treasurer  of  board : 

vacancy  :  removal  of  commis- 
sioner for  misconduct,  &c. 

4.  Clerk  of  board:  his  duties:  bond: 

salary. 

5.  Duties  and  powers  of  board:  pro- 

viso. 
G.  Board  to  enroll,  &c.  police  force: 
what  police  to  consist  of:  pay : 
term  :  commission  :  proviso : 
dismissal :  proviso :  qualifica- 
tions :  pay :  absence  from  duty : 
dismissal. 

7.  Clerk  to  marshal :  salary:  bond. 

8.  Board  to  estimate  sum  necessary 

for  discharge  of  duties :  police 
tax:  provisos:  certificates  of 
indebtedness. 

9.  Sheriifs  duty. 

10.  Vacancies  among  officers:  pro- 

viso. 

11.  No  gratuity  to  be  received: 

penalty. 
13.   Proceedings:  receipts  and  dis- 


bursements :  inspection  by 

General  Assembly :  report  to 

General  Assembly:  inspection 

by  Mayor  and  City  Council : 

duty  of  Comptroller. 
Treasurer  t<i  give  luind  :  account 

to  be  rendered. 
14.   Board  may  close  bar  rooms,  &c.: 

penalty. 
Powers  of  board  as  to  property, 

police  districts,  «&c. 
Disposition  of   property  seized, 

&c. 
Duty  of  marshal :  rep<jrt. 
Release  of  persons    committed, 

&c. 
Park  police. 
Responsibilities,  &c.,  of  Mayor, 

&c. 
21.  Examination  of  persons  arrested. 


13 


CARUYING    CONCEALED   WEAPONS. 

22.  Carrying    concealed    weapons: 

penalty  :  proviso :  persons  ar- 
rested in  daytime :  penalty  on 
officer. 

MILITIA. 

23.  When  called  out  by  Board  of 

Police  or  Sheriff,  subject  to 
their  orders. 


REGISTRATION. 


24.   Order. 


690  -  Police. 

Article  XXXVIII.— Statutes. 


RACES. 

25.  Maryland  Jockey  Club.  ■ 

THIEVES  AND  PICKPOCKETS. 

26.  Duty  of  police :  punishment  of  j  ^^  P*^^'^^ 

common  thieves  or  pickpockets  \ 

ORDINANCES. 


in  Baltimore  city  :  indictment 
and  evidence. 

27.   Thieves,  &c.,  on  railroads  :  duty 


Mayor  authorized  to  offer  reward 
for  persons  charged  with  mur- 
der, arson,  injuring  fire  engine 
or  hose  carriage. 


2.  Retail  liquor  shops. 

FORTUNE-TELLING. 

3.  Fortune-telling  prohibited: 

penalty. 


STATUTES. 

P.  L.  L.,  art.  4,       1.     The  Major  and  City  Council  may  pass  ordinances  for 
Power  to  pass    preserving  order,  securing  property  and  persons  from  violence , 

ordinances  to  ,  ,,,.,. 

preserve  order,  danger  Or  dcstruction,  protecting  the  public  and  city  proper- 
secure  property  *^  '  ^  oi  ^   l       x 

**•  ty,  rights  and  privileges  from  waste  or  encroachment,  and  for 

promoting  the  great  interests  and  insuring  the  good  govern- 
ment of  the  city  ;  but  no  ordinance  heretofore  passed,  or  that 
shall  hereafter  be  passed  by  the  Mayor  and  City  Council  of 

Not  to  interfere  Baltimore,  shall  hereafter  conflict  or  interfere  with  the  powers 

with  powers  of  .  ,  n     t        -rt  i       n  -rt    -i  •  v      t 

Board  of  Police,  or  the  cxcrcise  01  the  powers  of  the  Board  oi  rolice  oi  the 
City  of  Baltimore  hereinafter  created,  nor  shall  the  said  city, 
or  any  officer  or  agent  of  the  corporation  of  said  city,  or  of 
the  Mayor  thereof,  in  any  manner  impede,  obstruct,  hinder 
or  interfere  with  the  said  Board  of  Police,  or  any  officer, 
agent  or  servant  thereof  or  thereunder. 


BOARD  OF  POLICE  COMMISSIONERS. 
1874, c.  2,  Feb.       2.     There  shall  be  elected  by  the  ioint  meeting  of  the  two 

3,1874.  J  J  to 

Election  of       houscs  of  the  General  Assembly  of  Maryland,  by  ballot, 

Police  Commis-  , 

sioners.  three  sober  and  discreet  persons,  who  shall  have  been   resi- 

dents in  the  city  of  Baltimore  for  three  consecutive  years 
next  preceding  the  day  of  their  election,  who  shall  be  known 


PoLtOl!. 


691 


Article  XXXVIII.— Statutes. 


as  the  Board  of  Police  Commissioners  for  the  City  of  Balti- 
more ;  said  commissioners  shall  be  subject  to  removal  as  pro-  Removals,  &c. 
vided  in  this  article ;  one  of  said  commissioners  shall 
be  elected  and  appointed  for  two  years,  one  four  years,  and 
one  for  six  years,  who  shall  hold  office  until  their  respective 
successors  are  elected,  or  appointed  and  qualified;  each  of 
said  commissioners  shall  receive  a  salary  of  twenty-five  hun-  salary, 
dred  dollars  per  annum,  payable  quarterly  ;  as  the  terms  of 
office  shall  expire  as  designated  above,  they  shall  be  filled 
or  appointed  for  six  years  each ;  before  entering  upon  the 
duties  of  their  office  of  commissioner,  each  member  thereof 
shall  enter  into  bond  to  the  State  of  Maryland,  with  one  or  Bond, 
more  sureties,  in  the  penalty  of  ten  thousand  dollars,  condi- 
tioned for  the  faithful  discharge  of  his  duties  as  such  com- 
missioner ;  said  bond  to  be  approved  by  the  judge  of  the 
Superior  Court  of  the  City  of  Baltimore,  to  be  kept  and 
recorded  by  the  clerk  of  the  said  court,  in  the  office  thereof, 
together  with  tlie  certificate  of  appointment  as  aforesaid,  and 
shall  also  take  and  subscribe  before  the  said  judge  of  the 
Superior  Court,  or  the  clerk  thereof,  the  oath  or  affirmation  oath. 
prescribed  by  the  seventh  section*  of  the  first  article  of  the 
Constitution  ;  and  the  further  oath  or  affirmation,  that  in 
every  appointment  or  removal  to  be  made  by  them  to  or  i'roni 
the  police  force,  created  and  to  be  organized  by  them  under 
this  act,  they  will  in  no  case,  and  under  no  pretext,  appoint 
or  remove  any  policeman  or  officer  of  police,  or  detective,  or 
any  other  person  under  them,  for  or  on  account  of  the  politi- 


*  Sec.  7,  relerred  to  above,  is  as  follows :  Every  person  hereafter  elected 
or  appointed  to  office  in  this  State  who  shall  refuse  or  neglect  to  take  the 
oath  or  affirmation  of  office  provided  for  in  the  sixth  section  of  this  article, 
shall  be  considered  as  having  refused  to  accept  the  said  office,  and  a  new 
election  or  appointment  shall  be  made,  as  in  case  of  refusal  to  accept  or  re- 
signation of  an  office ;  and  any  person  violating  said  oath  shall,  on  conviction 
thereof  in  a  court  of  law,  in  addition  to  the  penalties  now  or  hereafter  to  be 
imposed  by  law,  be  thereafter  incapable  of  holding  any  office  of  profit  or 
trust  in  this  State.    See  Oath  on  p.  22,  ante. 


692 


Police. 


Article  XXXVIII.— Statutes. 


cal  opinions  of  such  policeman,  officer,  detective  or  other 
person,  or  for  any  other  cause  or  reason  than  the  fitness  or 
unfitness  of  such  person,  in  the  best  judgment  of  said  com- 
missioners, for  the  place  to  which  he  shall  be  appointed,  or 
from  which  he  shall  be  moved,  and  the  said  oath  or  affirma- 
tion shall  be  recorded  and  preserved  among  the  records  of 
said  coutt. 

1867,  c.  367.  3.     The  Board  of  Police  Commissioners,  on  entering  upon 

President  and    their  dutlcs  as  sucli,  shall  select  one  of  their  number  who 

treasurer  of  .  . 

board.  sliall  be  thc  president,  and  one  of  their  number  who  shall  be 

the  treasurer  thereof,  and  in  case  a  vacancy  shall  happen  in 
said  board  during  the  recess  of  the  General  Assembly,  it 

Vacancy.  shall  be  filled  by  the  Governor  of  the  State,  which  appoint- 

ment shall  continue  until  the  next  session  of  the  General 
Assembly,  which  shall  proceed  to  fill  said  vacancy,  and  the 
General  Assembly  shall  also  in  like  manner  elect  by  joint 
ballot  commissioners  to  succeed  those  whose  term  of  service 
shall  expire,  such  election  to  be  had  at  the  regular  session 
of  the  General  Assembly  immediately  preceding  such  expi- 
ration, and  neither  of  said  commissioners  shall  be  eligible 
to  an  elective  or  appointed  office  during  the  term  for  which 
he  has  been  elected,  except  under  the  militia  laws  of  the 

Removal  of       State,  and  for  any  official  misconduct  on  the  part  of  said 

commissioners  ..  ,t         r-i  i*  ii  t   •  •  in 

for  misconduct,  commissioners,  the  General  Assembly,  it  in  session,   shall 

&c. 

have  power  of  removal,  and  during  the  recess  of  the  same 
the  Governor  shall  remove  any  of  said  Commissioners  on 
conviction  for  any  felony  before  any  court  of  law,  and  shall 
appoint  a  successor  or  successors  to  such  delinquent  or  delin- 
quents, commissioner  or  commissioners  so  removed,  to  serve 
until  the  next  meeting  of  the  General  Assembly.* 


*Like  other  corporations,  the  Board  of  Police  must  act  through  some 
authorized  agent  having  the  authority  of  a  majority  of  the  board.  Mayor, 
&c.  v.  PouUmy  &  Trimble,  25  Md.  19. 


Police.  693 

Article  XXXVni.— Statutes. 

4 .  The  Board  of  Police  Commissioners,  immediately  after  ise?,  c.  367. 
organizing  as  aforesaid,  shall  select  some  suitable  person  to  cierk  of  board, 
act  as  clerk  to  the  board,  whose  duty  it  shall  be  to  keep  His  duties, 
minutes  of  the  proceedings  of  the  board,  take  charge,  by 
direction  of  the  board,  of  all  property  seized  or  found  by  the 

police  or  detectives,  and  to  perform  all  clerical  and  property 
duties  required  of  him  by  the  said  board ;  said  clerk  shall 
enter  into  bond  to  the  State  of  Maryland  in  the  same  man-  Bond, 
ner  as  hereinbefore  prescribed  for  the  commissioners  in  the 
sum  of  five  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  his  duty  as  clerk  and  the  safe  keeping  of  all 
property  placed  in  his  hands  as  aforesaid,  and  shall  receive 
a  salary  of  fifteen  hundred  dollars  per  annum,  payable  sai»ry. 
quarterly,  and  be  subject  to  removal  at  the  pleasure  of  the 
board. 

5.  The  duty  of  the  Board  of  Police  Commissioners  hereby  i867,c.  367. 

created  shall  be  as  follows  :  they  shall  at  all  times  of  the  Duties  and  pow- 
ers of  boara . 
day  and  night,  within  the  boundaries  of  the  city  of  Balti- 
more, as  well  on  the  water  as  on  the  land,  preserve  the  public 
peace,  prevent  crime  and  arrest  offenders,  protect  the  rights 
of  persons  and  property,  guard  the  public  health,  preserve 
order  at  primary  meetings  and  elections,  and  at  all  public 
meetings  and  conventions,  and  on  all  public  occasions  and 
places  prevent  and  remove  nuisances,  in  all  the  streets  and 
highways,  waters,  water-courses,  and  all  other  places,  pro- 
vide a  proper  police  force  at  every  fire  for  the  protection  of 
firemen  and  property,  protect  strangers,  emigrants  and 
travelers  at  all  steamboat,  ferry  boat  and  ship  landings  and 
railway  stations,  see  that  all  laws  relating  to  elections,  and 
to  the  observance  of  Sunday,  and  regarding  pawnbrokers, 
gambling,  intemperance,  lotteries  and  lottery-policies,  va- 
grants, disorderly  persons  and  the  public  health  are  enforced  ; 
and  also  to  enforce  all  laws,  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore  not  inconsistent  with  the  provisions 


694  Police. 

Article  XXXVIII.— Statutes. 


of  this  act,  or  of  any  law  of  the  State,  which  may  be  properly 
enforceable  by  a  police  force  ;  in  case  the  said  Board  of  Police 
Commissioners  shall  have  reason  to  believe  that  any  person 
or  persons  within  the  limits  of  the  city  of  Baltimore  intend 
leaving  the  city  for  the  purpose  of  committing  any  breach  of 
tbe  peace,  or  of  violating  any  law  of  the  State  beyond  the 
limits  of  the  city,  upon  the  Chesapeake  bay,  or  on  any  river, 
creek,  inlet,  water-course,  or  other  place  on  land  or  water 
within  the  State  of  Maryland,  it  shall  be  the  duty  of  the  said 
Board  of  Police  Commissioners  to  cause  such  person  or  per- 
sons to  be  followed,  and  to  take  the  most  efficient  means  for 
the  suppression  and  prevention  of  such  outrage,  when  any 
such  shall  be  attempted,  and  to  cause  the  arrest  of  all  such 
Proviso.  offenders  ;  provided,  however,  that  if  any  crime  be  actually 

committed  by  such  person  or  persons,  the  offenders  shall  be 
delivered  to  the  proper  jurisdiction  for  trial  and  punishment ; 
any  person  charged  with  the  commission  of  crime  in  the  city 
of  Baltimore,  and  against  whom  criminal  process  shall  have 
issued,  may  be  arrested  upon  the  same  in  any  part  of  the 
State  by  the  police  force  created  under  this  act,  under  such 
rules  arid  regulations  as  the  Board  of  Police  Commissioners 
may  adopt ;  and  the  said  board  shall  have  power  to  admin- 
ister oaths  or  affirmations  in  the  premises  to  any  person  or 
persons  appearing  or  called  before  them,  and  shall  also  have 
the  power  of  administering  oaths  or  affirmations  and  sum- 
moning witnesses  before  them  whenever  it  may  be  necessary 
for  the  more  effectual  discharge  of  their  duties. 

1874,  c.  146.  6.     The  said  Board  of  Police  Commissioners  are  authorized 

Board  to  entou,  and  required  immediately  on  entering  upon  the  duties  of  their 

Ac,  police  fr»  ,  .  11  1  1  T        /• 

force.  oince,  to  appoint,  enroll  and  employ  a  permanent  ponce  torce 

for  the  city  of  Baltimore,  which  they  .shall  arm  and  equip  as 
they  may  judge  necessary  under  such  rules  and  regulations  as 
they  may  from  time  to  time  prescribe,  and  the  said  board  shall 
have  power  to  remove  any  police  officer,  officer  of  police,  or 


Police.  696 

Article  XXXVIIL— Statutes. 

detective,  for  the  violation  of  any  rule  or  regulation  which 
ihej  injiy  make  and  promulgate  to  said  police  force,  officers  of 
police  and  detectives;  said  force  shall  consist  of  one  marshal  what  police 

J  ji^  ii/«i'/.t.  •  '^"^'^^  *"  consist 

and  one  deputy  marshal  or  police  for  the  city,  one  captain,  two  of- 
lieutenants,  tvvo  turnkeys,  and  such  number  of  sergeants  as  said 
board  of  police,  in  their  judgment,  may  deem  necessary,  for 
each  police  district  in  the  city,  and  five  hundred  men,  which 
force  may  be  increased  at  any  time,  if  in  the  opinion  of  the 
board  the  public  peace  shall  require,  to  any  number,  and   for 
such  period  of  time  as  they  may  think  proper  by  the  employ- 
ment of  special  policemen,  who  shall  receive  the  sum  of  two  Pay. 
dollars  and  fifty  cents  per  day  for  their  services;  the  period  of  ap- 
pointment in  the  regular  police  force  shall  be  four  years,  unless  Term, 
sooner  discharged  for  official  misconduct,  and  whenever  any 
officer  of  police,  policeman  or  detective  shall  be  appointed,  he 
shall  receive  a  commission,  which  shall  date  from  the  time  of  cominiiiion, 
his  appointment,  and  shall  hold  good  for  four  years,  unless 
sooner  annulled  by  his  dismissal  from  the  force ;    provided,  proviso, 
however,  ^that  if  any  officer  of  police,  policeman  or  detective 
shall  be  incapacitated  from  performing  duty  by  reason  of  sick- 
ness or  disability  incurred  in  the  line  of  his  duty  for  ^x  con- 
secutive months,  he  may  at  the  expiration  of  that  time  be  dis-  Dismissal, 
missed  from  the  force ;    provided  further,  however,  that  the  proviso. 
said  board  shall  have  the  power  to  dismiss  said  officer  of  police, 
policeman  or  detective  before  that  time,  if  in  their  judgment 
tbey  may  deem  it  proper;  the  qualifications  for  the  position  of Quauacations. 
officer  of  police,  policeman  or  detective  shall  be  good  moral 
character,  sobriety,  citizenship  of  the  State  of  Maryland,  abil- 
ity to  read  and  write,  physical  strength  and  courage.     No  per- 
son  who  has  been  convicted  of  any  felony  shall  be  eligible 
to  the   position   of  officer  of  police,    policeman,  detective  or 
special  policeman.     The  pay  of  a  policeman  shall  be  eighteen  Pay, 
dollars  per  week,  payable  semi-monthly,  and  in  case  the  board 
shall  appoint  detective  policemen,  they  are  hereby  authorized 
and  empowered  to  do  so  if  they  think  tit,  to  the  number  of  ten  ; 


696 


Police. 


Article  XXXVIII.— Statutes. 


said  detectives  shall  receive  each  the  sum  of  twenty  dollars 
per  week,  payable  semi-monthly,  and  they  shall  not  be  allowed 
to  follow  any  other  business  or  profession,  but  shall  devote 
their  whole  time  to  the  discharge  of  their  duty  as  detectives. 
The  officers  of  police  shall  be  paid  serai-monthly,  and  their 
pay  shall  be  as  follows:  The  marshal  shall  receive  twenty  five 
hundred  dollars  per  annum ;  the  deputy  marshal  receive  two 
thousand  dollars  per  annum  ;  each  captain  twenty-two  dollars 
per  week;  each  lieutenant  twenty  dollars  per  week;  each 
sergeant  nineteen  dollars  per  week ;  each  turnkey  fifteen 
dollars  per  week.  The  salary  herein  provided  for  the  officers 
of  police,  policemen  and  detectives  shall  continue  as  long  as 
they  hold  a  commission,  or  until  a  change  shall  be  made  by 
Act  of  the  General  Assembly  ;  and  it  shall  be  part  of  the 
duty  of  the  captains,  lieutenants  and  sergeants,  whenever  a 
policeman,  officer  of  police  or  detective  is  absent  from  duty,  to 
report  such  absence  to  the  board,  and  the  cause  of  the  same, 
and  if  said  reports  show  that  said  absence  is  on  account  of 
sickness,  such  report  shall  be  lyrima  facie  evidence  of  such 
sickness ;  and  if  any  officer  of  police,  policeman  or  detective 
shall  absent  himself  from  duty  under  plea  of  sickness,  when 
he  is  not  sick,  such  a  plea  or  absence  shall  be  official  miscon- 
duct, for  which  said  officer  shall  be  discharged  by  the  said 
Board  of  Police  Commissioners,  if  they  shall  deem  it  proper 
80  to  do.* 


Absence  from 
duty. 


Dismissal. 


1874,  c.  458. 

Clerk  to  Mar- 
shal of  Police. 


Salary. 


7.  The  Board  of  Police  Commissioners  for  the  City  of  Bal- 
timore are  hereby  authorized,  empowered  and  directed  to  select 
some  suitable  person  to  act  as  clerk  to  the  marshal  of  police 
for  said  city,  at  a  salary  of  twenty-five  dollars  per  week,  paya- 
ble semi-monthly ;  and  the  said  clerk,  before  entering  upon  the 


*  The  Act  of  1874,  c.  75,  also  repealed  and  re-enacted  sec.  810  of  Act  of 
1870,  c.  287,  (sec  6  above.)  This  Act  was  approved  March  12, 1874,  and  the 
Act  of  1874,  c.  146,  was  approved  March  30, 1874.  The  Act  of  1874,  c.  75, 
was  thus  impliedly  repealed  by  Act  of  1874,  c.  146. 


Police.  697 

Article  XXXVIII.— Statutes. 

duties  of  his  office,  shall  enter  into  bond  to  the  State  of  Mary-  Bond, 
land  in  the  penalty  of  two  thousand  dollars,  conditioned  for 
the  faithful  discharge  of  his  duties  as  such  clerk,  the  said  bond 
to  be  approved  by  the  said  Board  of  Police  Commissioners. 

8.     It  shall  be  the  duty  of  the  Board  of  Police  Commission-  ibgt.c.  367. 
ers  aforesaid  immediately  to  estimate,  and  annually  thereafter.  Board  to  e»ti- 

.<i   I  •  I  f%         t    niate  sum 

what  sum  of  money  will  be  necessary  for  each  current  fiscal  nccesnaryfor 

•^  discharge  of 

year  to  enable  them  to  discharge  the  duty  hereby  imposed  on  duties 
them,  and  they  shall  forthwith  certify  the  same  to  the  Mayor 
and  City  Council  of  Baltimore,  who  are  hereby  required, 
without  delay,  specifically  to  assess  and  levy  such  amount  aspouceux. 
shall  be  sufficient  to  raise  the  same  clear  of  all  expenses  and 
discounts,  upon  all  the  assessable  property  in  the  city  of  Bal- 
timore, and  to  cause  the  same  to  be  collected  as  all  other 
city  taxes  ;  and  it  is  hereby  made  the  duty  of  the  Collector  of 
the  City  of  Baltimore,  and  he  is  hereby  requested  to  collect 
said  tax,  to  be  denominated  the  police  tax,  and  the  said  Board 
of  Police  Commissioners,  upon  and  after  qualifying  as  such, 
are  hereby  authorized  to  make  requisitions  from  time  to  time, 
upon  the  Comptroller  of  the  City  of  Baltimore,  or  other  proper 
disbursing  officer  or  officers  of  the  corporation,  for  such  sums 
of  money  as  they  may  from  time  to  time  deem  necessary  for 
the  purpose  of  carrying  out  the  objects  and  intentions  of  this 
act ;  provided,  the  same  shall  not  exceed  in  any  one  year  the  provisos 
amount  so  as  aforesaid,  certified,  or  which  may  thereafter  be 
certified  for  that  year,  to  the  Mayor  and  City  Council  aforesaid, 
and  in  case  the  said  disbursing  officer  or  officers  shall  not  forth- 
with pay  over  the  amount  of  each  requisition  as  made,  it  shall 
be  the  duty  of  the  said  board,  and  they  are  hereby  authorized 
and  required,  to  issue  certificates  of  indebtedness,  in  the  name  certificates  of 
of  the  Mayor  and  City  Council  of  Baltimore,  in  such  sum  as 
they  may  deem  advisable  for  the  amount  of  such  requisitions 
respectively,  bearing  interest  at  six  per  cent,  per  annum,  pay- 
able at  Dot  more  than  twelve  months  after  date,  and  signed  by 


698 


Police. 


Article  XXXVIII.— Statutes. 


a  majority  of  said  board,  and  to  raise  the  money  on  said  cer- 
tificates by  pledginjy  or  disposing  of  the  same ;  which  certifi- 
cates shall  be  receivable  at  par  in  payment  of  city  taxes,  and 
be  as  binding  on  said  corporation,  and  as  recoverable  against 
it  as  if  the  Mayor  and  City  Council  of  Baltimore  had  them- 
selves issued  the  same,  and  the  Mayor  and  City  Council  of 
Baltimore  shall  have  no  power  or  authority  to  levy  or  collect 
any  tax,  or  appropriate  any  money  for  the  payment  of  any 
police  force  other  than  to  be  organized  and  employed  under 
this  act;  and  no  officer  or  other  employee  of  the  said  Mayor 
and  City  Council  shall  disburse  any  money  therefor,  and  the 
power  of  said  Mayor  and  City  Council  to  levy  and  collect 
taxes,  and  appropriate  and  disburse  money  for  the  payment  of 
the  police  force,  to  be  organized  and  employed  under  this  act, 
shall  be  exercised  as  herein  directed,  and  not  otherwise;  and 
in  case  the  amount  so  as  aforesaid  to  be  estimated  by  the  said 
board  shall  from  any  cause  prove  insufficient  for  the  necessary 
expenses  for  tlie  current  year,  the  said  board  are  hereby  author- 
ized and  empowered  to  issue  certificates,  and  raise  money  there- 
from, as  hereinbefore  provided,  to  meet  the  said  exigency  ;  pro- 
ProYisos.  vided,  however,  that  no  additional  issue  shall  exceed  the  sum 

of  fifty  thousand  dollars  in  any  one  year,  and  that  the  amount 
thereof  shall  be  added  to  the  estimate  assessment  and  levy  for 
the  year  next  ensuing,  and  that  said  certificates  shall  not  be 
made  payable  at  an  earlier  day  than  twelve  months  from  the 
date  of  their  issue,  but  may  be  receivable  in  payment  of  city 
taxes  at  any  time  they  may  be  so  presented.* 

i8tj7,c.367.  9.     It  shall   be  the  duty  of  the  Sheriff"  of  Baltimore  City, 

Sheriff 's  duty,   whenever  called  on  for  that  purpose  by  said  board,  to  act 

under  their  control  for  the  preservation  of  the  public  peace 


*  The  Board  of  Police  have  no  power  to  have  charged  to  the  Mayor  and 
Citj''  Council  any  claim  not  embraced  in  their  estimate  for  each  current 
fiscal  year  contemplated  by  above  section.  Mayor,  &c.  v.  Poultney  &  'Irim- 
ble,  25  Md.  18. 


Police.  699 

Article  XXXVm.— Statutes. 


and  quiet,  and  if  ordered  by  them  so  to  do,  he  shall  summon 
the  jjosse  comiiaius  for  that  purpose,  and  hold  and  employ  such 
2)osse,  subject  to  their  discretion  in  case  the  said  board  shall 
deem  it  necessary,  they  shall  call  out  such  military  force  law- 
fully organized  or  existing  in  said  city,  as  they  may  see  fit,  to 
aid  them  in  preventing  threatened  disorder  or  opposition  to 
the  laws,  or  in  suppressing  insurrectiouj  riot  or  disorder  on 
election  days,  and  at  all  other  times,  and  it  shall  be  the  duty 
of  said  military  force  so  called  out  to  obey  such  orders  as  may 
be  given  them  by  said  board ;  whenever  the  exigency  or  cir- 
cumstances may  in  their  judgment  warrant  it,  the  said  board 
shall  have  the  power  to  assume  the  control  and  command  of 
all  conservators  of  tiie  peace  in  the  city  of  Baltimore,  whether 
sheriffs,  constables,  police  or  others,  and  they  shall  act  under 
the  orders  of  the  said  board,  and  not  otherwise ;  and  in  case 
of  the  refusal  of  the  said  sheriff,  or  any  policeman,  constable,  or 
other  peace  ofiicer,  or  persons,  to  obey  any  lawful  command  of 
said  board  under  the  provisions  of  this  section,  they  shall  re- 
spectively be  guilty  of  a  misdemeanor,  and  punishable  as  in 
such  cases  made  and  provided  ;  and  any  officer  of  any  njilitary 
force  in  the  city  of  Baltimore,  organized  under  any  law  now 
existing  or  which  may  hereafter  be  enacted  by  the  General 
Assembly  of  this  State,  who  upon  being  called  on  by  the  said 
board  as  aforesaid,  shall  refuse  or  wilfully  fail  to  call  out 
the  force  under  his  command,  or  to  obey  the  orders  of  the  said 
board,  or  to  enforce  by  all  lawful  means  the  performance  of  the 
duties  to  said  force  assigned,  and  any  inferior  officer  or  private 
who  shall  refuse  or  wilfully  fail  to  obey  the  orders  of  his  su- 
perior officer  in  such  behalf,  shall  be  guilty  of  a  misdemeanor, 
and  punishable  as  in  such  cases  made  and  provided. 


10.     Whenever  a  vacancy  shall  take  place  in  any  grade  of  1 867,  c.  367. 
officers  (except  the  marshal  and  deputy  marshal)  it  shall  be  vacancies 
filled  from  the  next  lowest  grade,  if  competent  men  can  be 
found  therein  ;  the  Board  of  Police  Commissioners  are  hereby 


700  Police. 

Article  XXXVIII.— Statutes. 


authorized  to  make  all  such  rules  and  regulations,  not  incon- 
sistent with  this  act,  as  they  may  judge  necessary  for  the  ap- 
pointment and  employment,  uniforming,  discipline,  trial  and 
government  of  the  police  and  detectives,  and  for  the  relief 
and  compensation  of  the  metnbers  of  the  police  injured  in 
person  and  property  in  the  discharge  of  their  duty,  and  the 
families  of  men  or  officers  killed  while  in  its  performance ;  pro- 
Proviso  vided,  that  the  allowance  in  any  one  instance  shall  not  exceed 

twelve  mouths' pay ;  the  said  board  shall  have  power  to  re- 
quire of  any  policeman,  officer  of  police  or  detective,  bond 
with  sureties,  when  they  may  consider  it  demanded  by  the 
public  interest;  all  lawful  rules  and  regulations  of  the  board 
shall  be  obeyed  by  the  policemen,  officers  of  police  and  detec- 
tives, on  pain  of  dismissal  or  such  lighter  punishment  as  may 
be  prescribed  by  the  said  board,  and  the  said  board  shall  have 
power  to  suspend  from  duty,  fine  or  forfeit  the  pay  of  any  rule 
or  regulation  by  them  made  and  adopted. 

1867, c.  367.  11.     No  officer  of  police,  policeman   or  detective  shall  be 

No  gratuity  to    allowcd  to  rcccive  any  money  as  a  gratuity  or  extra  compen- 

be  received.  .  „  .  ,  1*11 

sation  for  any  services  he  may  render  without  the  consent  of 
the  said  board  ;  and  all  suich  moneys  as  any  officer  of  police, 
policeman  and  detective  may  be  so  permitted  to  receive  shall 
be  paid  over  to  the  said  board,  and  together  with  the  pro- 
ceeds of  all  fines,  forfeitures,  penalties  and  unclaimed  prop- 
erty which  may  come  into  the  possession  of  the  said  board,  or 
be  recovered  by  them  under  the  provisions  of  this  act  or  any 
other  law,  shall  form  a  fund  which  the  board  may  apply  to- 
wards the  allowances  of  officers  of  police,  policemen  and  de- 
tectives and  their  families  as  hereinbefore  authorized,  and  for 
extra  pay  to  such  members  of  the  force  as  by  gallantry  and 
good  conduct  on  extraordinary  occasions  they  may  be  judged 
to  merit ;  and  any  officer  of  police,  policeman  or  detective  who 
shall  directly  or  indirectly  in  violation  of  this  section,  receive 
any   moneys  as  a  gratuity  or  extra  compensation,  and  shall 


POLICB.  701 

Article  XXXVIII.— Statutes. 

fail  to  deliver  the  same  to  the  board  for  the  purposes  herein- 
before provided,  and  shall  apply  the  same  to  his  own  use,  shall 
be  forthwith  dismissed,  and  forever  after  ineligible  to  any  posi-  Penalty, 
tion  in  the  force. 

12.  The  Board  of  Police  Commissioners  shall  cause  to  be  i874,c.  mb. 
kept  by  their  clerk  aforesaid,  a  full  report  of  their  proceedings,  proceedinga. 
and  also  cause  all  their  receipts  and  disbursements  of  money  Receipts. 

to  be  faithfully  entered  in  books,  to  be  provided  for  that  pur-  Disbursements. 

pose,  and  said  books,  journals  and  all  other  documents  in  the 

possession  of  said  board,  shall  always  be  open  to  inspection  by  inspections  by 

the  General  Assembly  of  Maryland,  or  any  committee  appoint-  sembiy. 

ed  by  it  for  that  purpose;  and  it  shall  be  tiie  duty  of  the  said 

board  to  report  to  the  General  Assembly  at  eacii  regular  session,  Report  to  oen- 

or  as  may  hereafter  be  directed  by  said  General  Assembly, 

the  number  and  expense  of  the  police  force  employed  by  them 

under  this  act,  and  all  such  other  matters  as  may  be  of  public 

interest  in  connection  with  the  duties  assigned  to  them,  and 

said  books,  journals  and  other  documents,  and  the  vouchers 

for  all  payments  by  said  Board  of  Police  Commissioners  shall 

at  all  times  be  open  to  the  inspection  of  the  Mayor  and  Re-  inspection  by 

gister  of  the  City  of  Baltimore,  and  either  of  them,  and  it  councu. 

shall  be  the  duty  of  the  Comptroller  of  the  City  of  Baltimore  outyof  comp- 

to  examine  all  bills  and  accounts  presented  by  said  Board  of 

Police  Commissioners  and  the  vouchers  therefor. 

13.  The  Treasurer  of  the  Board  of  Police  Commissioners  1867,  c.  367. 
hereinbefore  selected  before  entering  upon  the  duties  of  his  Treasurer  to 
office  as  such  treasurer,  shall  in  addition  to  the  bond  given  as 
commissioner,  enter  into  bond  to  the  State  of  Maryland,  as 
hereinbefore  directed,  with  one  or  more  sureties  in  the  penalty 

of  ten  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  the  duties  imposed  npon  him  as  treasurer,  and  the  faithful 
application  and  payment  over,  pursuant  to  the  order  and 
direction  of  the  said  board,  of  all  moneys  which  may  come 
into  his  hands  as  such  treasurer,  and  shall  every  six  months, 


702  Police. 

Article  XXXVIII.— Statutes. 


on  the  first  day  of  January  and  July,  in  each  and  every  year, 

during  his  continuance  in  office,  render  to  his  associates  in 

Account  to  be    Said  board,  a  true  and  faithful  account  of  the  receipts  and 

rendered.  - 

disbursements  of  all  moneys  received  and  disbursed  by  him, 
by  order  of  the  said  board,  with  the  vouchers  tliereof  during 
said  period,  which  account  shall  be  verified  by  the  affidavit 
of  the  said  treasurer ;  and  the  said  board  shall  thereupon 
examine  said  account,  and  if  they  find  the  same  to  be  correct, 
they  shall  certify  said  account,  and  forward  the  same  to  the 
Governor  of  the  State,  to  be  filed  in  the  office  of  the  Secretary 
of  State ;  the  said  board  shall  retain  a  copy  thereof,  with  their 
certificate  attached,  to  be  filed  among  the  papers  of  their  office. 

1867,  c.  367.  14.     The  said  Board  of  Police  Commissioners  are  authorized 

Board  may  close  and  empowcrcd,  whenever  in  their  judgment  the  public  peace 

bar  rooms,  &c.  ,  .,.  .  iii-  •^ 

and  tranquihty  may  require,  to  order  the  closing  temporarily 
of  any  and  all  bar  rooms,  bars,  drinking  houses  and  liquor 
shops,  and  all  other  places  where  liquor  is  usually  sold  in  the 
city  of  Baltimore,  and  forbid  the  selling  and  furnishing  of 
liquor  thereat ;  and  any  proprietor  or  keeper,  or  any  other 
person  for  such  proprietor  or  keeper,  of  any  such  drinking 
house,  place  or  places,  as  well  as  all  other  places  where  liquor 
is  usually  sold,  who  shall  refuse  or  fail  to  obey  such  order  of 
said  Board  of  Police  Commissioners  passed  in  pursuance 
thereof,  or  who  shall  sell  or  furnish  liquor  from  any  such  place 
or  places,  during  such  period  as  said  board  shall  so  forbid, 
shall  be  guilty  of  a  misdemeanor,  and  it  shall  be  the  duty  of 
each  and  every  officer  of  police,  policeman  and  detective,  who 
may  be  cognizant  of  any  violation  of  this  section,  to  report 
the  same  to  the  grand  jury  of  the  city  of  Baltimore,  if  in  session, 
and  if  not  in  session,  then  to  the  next  grand  jury  that  may  be 
summoned  for  said  city,  and  every  officer  of  police,  policeman 
and  detective  who  shall  wilfully  fail  to  make  such  report,  shall 
Penalty.  be  forthwith  dismissed  from  his  position,  and  shall  be  forever 

after  ineligible  to  any  position  in  the  police. 


Police.  703 

Article  XXXVIII.— Statutes. 

15.  The  said  Board  of  Police  Commissioners  are  hereby  lae?,  c.  367. 
authorized  and  empowered  to  take  possession  of  all  property  powers  of  hoard 
heretofore  by  law  assigned  to  the  former  Board  of  Police,  and  pouco  district's, 
to  have  and  use  a  common  seal ;  they  may  divide  the  city  into 

such  number  of  police  districts,  as  they  may  think  necessary 
for  the  public  good  ;  and  if  found  practicable,  in  addition  to 
the  station  houses  and  property  attached  thereto,  whicli  they 
are  hereby  authorized  and  empowered  to  take  possession  of, 
and  use,  they  may  provide  additional  station  houses,  with  all 
necessary  appurtenances,  as  may  be  found  needful  and  neces- 
sary, and  such  accommodations  as  may  be  requisite  for  the 
police  force ;  said  board  shall  also  have  the  use  of  the  fire  Fire  alarm  and 
alarm  and  police  telegraph  in  the  city  of  Baltimore,  and  of  graph, 
all  station  houses,  watch  boxes,  arms,  accoutrements  and 
other  accommodations  and  property  provided  by  the  city  of 
Baltimore  for  the  use  and  service  of  the  police  heretofore 
created  by  an  act  of  the  corporation  of  said  city,  as  fully  and 
to  the  same  extent,  as  if  the  same  had  been  provided  for  the 
use  of  the  board  created  by  this  act. 

16.  It  shall  be  the  duty  of  every  officer  of  police,  and  every  igev.c.  367. 
policeman  and  detective  to  report  to  the  board,  and  deliver  Disposition  of 
to  them  all  property  seized  or  found  by  said  officers  of  police,  ^c^^"  * 
policeman  or  detective,  immediately  after  the  same  shall  have 

come  into  their  possession,  which  property,  with  the  date  of 
delivery  and  description  of  the  same,  and  the  name  of  the 
officer,  policeman  or  detective  depositing  the  same,  shall  be 
entered  in  a  book  by  the  clerk,  to  be  provided  for  that  purpose  ; 
said  clerk  shall  have  the  custody  of  all  such  property,  and 
shall  be  held  responsible  for  the  safe  delivery  of  the  same  to 
the  claimants,  when  ordered  to  do  so  in  writing  by  the  said 
board,  which  order  shall  be  his  voucher ;  and  any  officer,  po- 
liceman or  detective,  who  shall  fail  or  refuse,  for  a  period  of 
twenty-four  hours,  to  deposit  all  such  property  as  aforesaid, 
shall  be  subject  to  removal  by  the  said  board,  and  every  offi- 


704  POLIOE. 

Article  XXXVIII.— Statutes. 


cer,  policeman  or  detective,  who  shall  wilfully  refuse  to  return 
all  such  property  as  aforesaid,  or  shall  return  the  same  to  any 
claimant,  shall  be  forthwith  dismissed  from  office. 

1867,  c.  367.  17.     It  shall  bc  the  duty  of  the  Marshal  of  Police  of  the  city 

Duty  of  mar-     to  make  to  the  Board  of  Police  Commissioners,  to  be  by  them 
shal.  _  ,  ^  »  J 

certified  to  the  clerk  of  the  Criminal  Court  of  Baltimore,  on 
Report.  the  morning  of  each  day,  (except  Sunday,)  a  report  showing 

the  number  of  persons  confined  in  the  several  station  houses 
of  said  city,  for  any  ofience  indictable  under  the  common  law, 
or  the  Code  of  Public  General  Laws  of  Maryland,  with  the 
cause  of  their  commitment,  and  how  many,  if  any  were  re- 
leased, and  by  whom ;  and  if  any  trial  was  had,  and  before 
whom ;  and  the  names  of  the  witnesses,  if  any,  examined  or 
present  at  the  trial,  and  the  place  of  their  residence,  and  if 
any  fine  and  costs  were  imposed ;  if  so,  how  much  and  to 
whom  paid. 

1867,  c.  367.  18.     No  marshal  of  police,  or  any  of  the  captains  of  any  of 

Release  of  per-  tlic  dlstricts  Or  statiou  liouses,  or  anyone  acting  for  or  under 

.sons  committed,     ,  /.     i  i      n         i  .         -, 

&c.  them,  or  any  oi  them,  shall  release  any  persons  committed  or 

confined  in  any  of  the  station  houses*  for  any  felony,  or  mis- 
demeanor, but  all  such  persons  shall  be  released  only  on  the 
order  of  the  committing  magistrate,  the  judge  of  the  Crimi- 
nal Court,  or  one  of  the  members  of  the  board,  or  other  law- 
ful process. 

1867,  c.  367.  19.     The  said  Board  of  Police  Commissioners  are  required, 

Park  police.  ou  the  requisition  of  the  Druid  Hill  Park  Commissioners,  to 
detail  from  time  to  time  such  number  of  the  regular  police 
force  of  said  city  as  the  said  board  may  deem  necessary  for  the 
preservation  of  order  within  the  said  park,  which  detailed  force 
shall  have  the  same  power  in  the  premises  that  the  police  force  of 
the  city  have,  as  conservators  of  the  peace  within  the  city  limts. 

*  As  to  justices  of  the  peace  at  the  Station  Houses,  see  sees.  84,  &c.,  p.  222, 
&c.,  ante. 


Police.  705 

Article  XXXVIII.— Statutes. 

20.  Nothing  in  this  act  contained  shall  be  so  construed  as  imi,  c.  ser. 
to  destroy  or  diminish  the  liability  or  responsibility  of  the  Responsibility, 
Mayor  and  City  Council  of  Baltimore  for  any  failure  to  dis-  &<=.' 
charge  the  duties  and  obligations  of   said  Mayor   and  City 
Council,  or  any  of  them,  or  give  the  said  Mayor  and  Council 

any  control  over  said  board,  or  any  officer  of  police,  police- 
man or  detective  appointed  thereby. 

21.  All  persons  arrested  in  the  daytime  under  the  pro- leer.c.sev. 
visions  of  this  act  shall  be  taken  by  the  officer  or  officers  Examination  of 
making  the  arrest,  immediately  before  the  nearest  magistrate  in  day  time, 
for  examination,  previous  to  their  incarceration  in  either  of  the 

watch  houses  or  jail  of  the  city  of  Baltimore. 

CARRYING  CONCEALED  WEAPONS. 

22.  Whenever  any  person  shall  bo  arrested,  charged  with  X874,  c.  i78. 
any  crime  or  misdemeanor,  and  carried  to  any  of  the  justices  carrying  con- 
of  the   peace   of  the  city  of   Baltimore,  upon    whose  person  *^^''  *  "**?*"''• 
shall  be  found  any  pistol,  dirk  knife,  bowie  knife,  sling  shot, 

billy,  brass,  iron  or  any  otlier  metal  knuckles,  razor,  or  any  other 

deadly  weapon   whatsoever,  such  person  shall  be  subject  to  a 

fine  of  not  less  than  three  nor  more  than  ten  dollars,  in  the  penalty. 

discretion  of  tlie  justice  of  the  peace  to  which  such  person  may 

be  carried,  which  said  fine  shall  be  collected  as  other  fines  are 

now  collected  ;  provided,  however,  that  the  provisions  of  this  Proviso. 

section  shall  not  afiect  those  persons  who  as  conservators  of 

the  peace,  are  required  to  carry  a  pistol  or  other  weapon  as 

part  of  their  equipments ;  and  provided  further,  that  it  shall 

be  the  duty  of  all  officers  to  take  all  persons  arrested  in  the  persons  arrested 

day  time  under  this  act  immediately  before  the  justice  of  the 

peace  nearest  the  place  of  arrest  for  examination,  except  for 

drunk  and  disorderly  conduct,  or  theft,  and  any  officer  failing 

so  to  do  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  penalty  on 

conviction  shall  be  fined  not  less  than  five  nor  more  than  ten 

dollars. 


706  Police. 

Article  XXXVIII.— Statutes. 


MILITIA. 

i87o,c.i82,s.25.      23.     Whenever  the  Board  of  Police  Commissioners  for  the 
Militia,  when    Citv  of  Baltimore,  or  the  Sheriff  of  any  county  shall  call  out 

called  out  by  J  ■)  J  J 

OT  Sheriff ^^uv  ^^y  portion  of  the  militia  to  aid  in  preventing  threatened  dis- 
orders.'^*^"^  Order  or  opposition  to  the  laws,  or  in  suppressing  riot  or 
disorder  on  election  days,  or  at  any  other  times,  as  provided 
in  section  eight  hundred  and  thirteen,  of  article  four.  Code  of 
Public  Local  Laws,  as  amended  by  Act  of  Assembly  of  eighteen 
hundred  and  sixty-seven,  chapter  three  hundred  and  sixly- 
seven,  [sec.  9,  p.  699,  ante]  said  military  force  shall  be  deemed  to 
be  on  detached  service,  while  under  the  orders  of  the  said 
board  or  sheriff,  and  the  commanding  officer  thereof  shall  not 
be  subject  to  the  orders  of  any  superior  officer  whatsoever, 
except  the  commander-in-chief. 

REGISTRATION*. 
1874,  c.  490,  s.        24.     The  Board  of  Police  Commissioners  for  Baltimore  City, 

19;  1876,  c.  249,  .  i      n    j  -i 

»•  17.  upon  the  written  request  of  the  registers  of  voters,  shall  detail 

Order.  polico  officcrs  Sufficient  to  preserve  order  at  the  place  where 

the  officers  of  registration  in  Baltimore  city  are  discharging  the 

duties  of  their  office.* 

RACES. 

1872,  c.  65,  s.  6.      25.     For  the  purpose  of  preserving  order  and  protecting 

Order.  property,  the  Police  Commissioners  of  the  City  of  Baltimore 

are  hereby  authorized,  upon  the  request  of  the  president  of  the 

*  As  to  furnishing  lists  of  voters,  see  1876,  c.  249,  sec.  6.  By  the  act  of 
1874,  c.  310,  the  Board  of  Police  Commissioners  were  authorized  and  empow- 
ered to  purchase  or  lease  ground  in  the  city  of  Baltimore,  suitable  in  their 
judgment,  for  the  erection  of  station  houses  thereon,  and  to  have  erected 
thereon  suitable  station  houses,  and  the  title  to  said  ground  and  improvements 
to  vest  in  the  Mayor  and  City  Council  of  Baltimore,  the  purchase  money  for 
said  ground  and  the  cost  of  erecting  the  station  houses  to  be  paid  by  Board 
of  Police  Commissioners  out  of  their  special  fund. 


Police.  707 

Article  XXXVUI.— Statutes. 


Maryland  Jockey  Club,  to  detail  such  force  as  they  may  deem 
sufficient  for  the  preservation  of  order  during  any  exhibition 
of  the  said  club,  which  detailed  force  shall  have  the  power 
that  the  police  of  the  city  have  as  conservators  of  the  peace.* 

THIEVES  AND  PICKPOCKETS. 

26.     It  shall  be  the  duty  of  all  police  officers  in  Baltimore  i864,  c.ss.s.  i. 
city  to  arrest  and  take  before  some  one  of  the  station  house  punishment 
iustices  in  Baltimore  city,  all  persons  whom  they  shall  find  in  thieves  or  pick- 

*•  ./  '  r  J     ^  pockets  in  Bal- 

any  passenger  railway  car,  or  in  or  about  any  railway  depot  »'™o'ecity. 

in  Baltimore  city,  or  in  any  place  of  public  amusement,  or  in 

any  street  of  the  city,  whom  they  shall  know  or  have  good 

reason  to  believe  are  common  thieves  or  pickpockets,  and  said 

justices  shall  commit  or  bail  such  persons  for  trial  before  the 

Criminal  Court;  and  if  any  person  in  Baltimore  city  shall  be 

charged  on  oath  before  any  justice  of  the  peace  in  Baltimore 

city,  or  before  the  judge  of  the  Criminal  Court,  with  being  a 

common  thief  or  pickpocket,  such  justice  or  judge  shall  issue 

a  warrant  for  the  arrest  of  such  person,  and  him  commit  or 

bail  for  trial,  and  any  person  convicted  in  the  Criminal  Court 

of  Baltimore,  of  being  a  common  thief  or  common  pickpocket, 

shall  be  imprisoned  in  jail  not  more  than  two  years  nor  less 

than  six  months,  and  be  fined  not  more  than  one  hundred 

dollars ;  but  if  any  person  is  arrested  or  indicted  a  second  time, 

or  more,  for  such  ofience,  he  shall  be  convicted  only  on  proof 

that  he  has  continued  to  be  a  common  thief  or  pickpocket  for 

at  least  one  month  since  his  last  conviction  or  acquittal,  and  it 

shall  be  necessary  to  charge  in  the  indictment  only  that  the  indictment  and 

person  is  a  common  thief  or  common  pickpocket,  and  any 

evidence  either  of  facts  or  reputation  proving  that  such  person 

is  habitually  and  by  practice  a  thief  or  pickpocket  shall  be 

sufficient  for  his  conviction,  if  satisfactorily  establishing  the 

*  The  Maryland  Jockey  Club,  for  the  improvement  of  the  breed  of  horses, 
was  incorporated  by  Act  of  1872,  c.  55. 


708 


Police. 


Article  XXXVIII.— Statutes. 


fact  to  the  court  or  jury  by  whom  he  is  tried,  and  there  shall 
be  no  discretion  in  any  police  officer  or  justice  of  the  peace  to 
discharge  or  release  any  person  who  is  by  such  proof  before 
them,  or  knowledge  on  their  part,  shown  to  be  a  thief  or  pick- 
pocket as  aforesaid ;  but  such  person  shall  be  bailed  or  com- 
mitted for  trial,  and  no  conviction  or  charge  of,  or  for  being  a 
common  thief  or  pickpocket,  shall  prevent  any  such  person 
from  being  tried  and  convicted  for  any  particular  act  of  larceny 
he  may  have  committed. 


Thieves,  &c 
ou  railroads. 


Ibid,  s. 2.  27.     If  any  person  shall  be  arrested  at  any  place  on  the  line 

of  the  Baltimore  and  Ohio  railroad,  or  on  the  line  of  the 
Northern  Central  railroad,  or  on  the  line  of  the  Philadelphia, 
Wilmington  and  Baltimore  railroad,  or  in  any  of  the  cars  or 
depots,  or  at  any  of  the  stations  on  said  roads,  or  on  any  ferry 
boat  employed  to  carry  passengers  over  any  part  of  said  road, 
and  within  the  limits  of  this  State,  charged  with  being  a  common 
thief  or  pickpocket,  such  persons  may  be  taken  before  any  jus- 
tice of  the  peace  of  the  county  in  which  said  place  or  depot  or 
station  may  be  situated  ;  or  if  such  person  be  arrested  in  any  car. 

Ferry  boats.  or  OU  any  ferry  boat,  before  any  justice  of  the  peaceof  the  nearest 
convenient  county  or  of  the  city  of  Baltimore,  and  such  justice 
shall  on  proof,  as  provided  in  the  preceding  section,  commit  or 
bail  such  person  for  trial  before  the  Circuit  Court  of  the  county, 
or  the  Criminal  Court  of  Baltimore,  as  the  case  may  be  :  and  all 
police  officers  of  Baltimore  city,  and  all  conductors  of  trains 
and  police  employed  by  any  of  said  railway  companies,  and 
all  constables  and  bailiffs  of  any  county  or  city  on  the  lines  of 

Duty  of  police,  said  road,  shall  arrest  all  such  persons  at  any  of  the  places 
aforesaid,  on  the  same  knowledge  and  proof  of  their  being 
common  thieves  or  pickpockets,  as  provided  in  the  preceding 
section,  and  the  said  justice  shall  commit  or  bail  such  person 
on  the  same  knowledge  or  proof;  and  any  person  convicted  in 
any  county  on  the  line  of  said  roads,  with  being  a  common 

Penalty.  pickpockct,  shall  be  punished  by  a  fine  or  imprisonment  in  the 


I 


Police.  709 

Article  XXXVIII.— Ordinances. 

jail  of  the  county  for  the  same  time  and  in  the  same  amount 
as  provided  in  the  preceding  section,  and  all  the  provisions  of 
the  preceding  section  shall  apply  to  all  cases  under  this  section, 
except  so  far  as  altered  by  this  section. 

ORDINANCES. 

1.  The  Mayor  is  hereby  authorized  and  directed  to  issue  j^"- ^^^  ^°*- '5, 
his  proclamation,  offering  a  reward  of  such  an  amount  as  he  may  ?i»y'""  author- 
deem  proper,  for  the  discovery,  arrest  and  conviction,  in  any  ^"sVhargld 
of  the  courts,  of  any  person  wlio  may  be  suspected  or  charged  rrso*lirin|urmg 
with  the  crime  of  murder,  manslaughter,  assault  with  intent  hose  carriage, 
to  kill,  or  arson,  committed  within  the  city,  with  setting  fire 

to  any  building,  lumber  yard  or  ship  yard  in  the  city,  or  with 
having  destroyed,  injured  or  defaced  any  engine,  hose,  hose 
carriage  or  other  apparatus  or  property  belonging  to  the  fire 
department  of  the  city,  whenever  he  shall  have  knowledge  of 
the  commission  of  any  of  said  crimes  or  receive  information 
thereof  from  any  respectable  person  or  persons. 

2.  The   Board  of    Police   Commissioners  are   hereby  re- No.  33,  s.  55,  r. 
quested  to  ascertain  the  situation,  number,  character,  and  con-  RetaiUiquor 
dition  of  the  shops  for  retailing  spiritous  liquors  in  each  ward 

of  the  city,  and  of  the  owners  or  keepers  of  the  same,  and 
report  quarterly  to  the  Mayor,  in  order  that  he,  in  concert 
with  the  judge  of  the  Criminal  Court  of  Baltimore,  may  adopt 
such  measures  as  may  be  deemed  requisite  in  order  to  reduce 
the  number  and  regulate  the  order  of  such  shops. 

FORTUNE  TELLING. 

3.  Any  person  who  shall  engage  in  the  practice  of  fortune  no.  83,  May  1, 

'75. 

telling,  or  any  similar  device,  in  the  city  of  Baltimore,  shall  Fortune  teiang 
upon  conviction,  for  the  first  offence,  be  fined  not  less  than 
twenty-five  dollars,  and  for  every  subsequent  offence  not  less 
than  fifty  nor  more  than  one  hundred  dollars,  said  fines  to  be  Penalty. 
collected  as  other  fines  are  now  collected. 


no  Police. 

Article  XXXVIII.— Ordinances. 

Powers  op  Board. — 186] ,  c.  46,  relating  to  closing  bar-rooms,  unrepealed 
by  the  act  of  1867,  c.  267,  is  incorporated  in  said  act,  with  modification,  as 
section  14  of  this  Article.  1861,  c.  6,  relating  to  the  constabulary  and  justi- 
ciary power  of  the  board  over  negroes  and  mulattoes  is  also  unrepealed  by 
1867,  c.  367,  but  was  repealed  by  implication,  by  1865,  c.  166,  relating  to 
negroes. 

1867,  c.  117,  provided  for  the  liquidation  and  settlement  of  arrearages  of 
pay  due  to  the  ofiicers  and  men  of  the  police  force  appointed  and  organized 
under  act  of  1860,  c.  7.    See  Res.  No.  10,  Nov.  25,  '67. 

In  City  Court,  April,  1876,  MarioWs  administrators  v.  Mayor,  &g.  The 
plaintiff's  intestate  was  in  1861  a  member  of  the  police  force  during  Mayor 
Brown's  administration.  During  that  year  the  police  force  was  disbanded 
by  the  military  order  of  General  Dix.  Several  months  afterwards  the  force 
was  disbanded  by  the  State.  In  1867  an  act  was  passed  by  the  Legislature 
under  which  nearly  all  the  members  of  the  force  were  paid,  but  Mariott  died 
without  availing  himself  of  the  act.  Letters  of  administration  were  taken 
out,  but  not  until  after  the  expiration  of  the  time  as  provided  by  the  act,  in 
which  claim  was  to  be  made.  Suit  was  then  brought  against  the  city,  the 
amount  of  claim  being  $387.  The  City  in  1868-69  and  '70  had  paid  out  to 
the  members  of  the  old  police  force  $185,101.61  as  pay  between  the  27th  of 
June,  1861,  and  18th  of  February,  1862,  under  this  act  of  1867,  chapter  117, 
which  in  its  preamble  recited  that  the  officers  and  men  of  the  police  force 
which  had  been  disbanded  by  military  authority,  had  the  same  right  to  be 
paid  during  the  interval  mentioned  as  the  members  of  the  Police  Board,  and 
as  authority  cited  the  case  of  the  Mayor  <&c.,  v.  Howard  et.  al.,  20  Md.  335.  It 
was  claimed  by  the  counsel  for  Mariott's  administrators  that  they  were  en- 
titled to  recover  under  this  decision,  irrespective  of  the  act  of  1867.  Brown, 
C.  J.,  held,  that  the  decision  in  20  Md.,  did  not  cover  the  plaintiffs  case ; 
that  nothing  more  was  decided  by  it  than  that  the  Treasurer  of  the  old  Police 
Board  had  a  right,  under  the  law  of  the  State  creating  the  Board,  to  draw 
his  check  on  the  Farmers'  and  Planters'  Bank  for  a  portion  of  an  unexpend- 
ed balance  on  deposit  to  the  credit  of  the  Board,  and  that  that  right  continued 
until  the  Board  was  abolished  by  Act  of  Assembly.  The  Court  of  Appeals 
did  not  decide  that  the  members  of  the  old  Police  Board  had  a  right  of 
action  against  the  city  for  the  balance  of  salary  due  them  from  the  date  of 
their  forcible  displacement  by  the  military,  from  the  27th  of  June,  1861, 
down  to  the  time  of  their  lawful  abolishment  by  the  act  of  Assembly,  18th 
February,  1862,  and  that  as  the  police  were  appointed  and  paid  by  the  State, 
no  suit  for  pay  claimed  by  them  could  lie  against  the  city.  The  case  was 
therefore  decided  in  favor  of  the  defendant. 

It  was  held  under  the  acts  of  1860,  c.  7;  1862,  c.  Ill,  and  1862,  c.  131,  re- 
lating to  the  former  Board  of  Police  that,  as  a  board  of  State  officers,  possess- 
ing the  power,  among  others,  to  make  disbursements,  they  could  not  be 
disturbed  or  their  power  suspended  except  by  the  legislature ;  and  the  dis- 
bursement of  a  portion  of  the  fund  for  the  payment  of  a  salary  of  one  of 


Police.  711 

Article  XXXVIII.— Ordinances. 

the  board,  was  a  legal  exercise  of  their  official  duty.  A  check  given  to  one 
of  the  board,  and  accepted  by  him  in  payment  of  his  salary,  must  be  held 
to  be  a  legal  appropriation  and  disbursement,  excluding  to  that  extent  the 
board  from  any  further  control  over  the  amount  thus  appropriated.  Though 
displaced  by  a  force  to  which  they  yielded  and  could  not  resist,  their  powers 
and  rights  under  their  organization  were  still  preserved,  and  they  were 
amenable  for  any  dereliction  of  official  duty,  except  in  so  far  as  they  were 
excused  by  uncontrollable  events.  They  were  a  board  of  State  officers, 
strictly  within  the  jurisdiction  of  the  State  authorities,  and  the  courts  in  de- 
terming  their  rights  and  obligations,  have  no  other  guide  than  the  statute 
law  of  the  State  applicable  to  the  case  and  the  parties  presenting  the  appeal. 
Mayor  &c.  of  Bolt.  v.  Howa/rd  et.  al.  20  Md.  335.  The  validity  and  constitu- 
tionality of  the  act  of  1860,  c.  7,  by  which  the  Board  of  Police  was  created, 
was  determined  in  Mayor,  &c.  Bait.  v.  State  ex.  ret.  of  the  Board  of  Police  of 
Bait.  15  Md.  376.  Res.  No.  22,  Feb.  8, '60;  23,  Feb.  11, '60.  See  Haheas 
Corpus  case  of  Young,  Valiant  and  Thomson,  in  report  of  Police  Commis- 
sioners, Jan.  1867,  and  Res.  Nos.  23,  Nov.  13,  '66;  l.Jan.  22, '67;  3,  Jan. 
28,  '67,  and  249;  May  25,  '67. 

Held  before  the  establishment  of  the  Police  Board,  that  the  corporation  of 
the  city  of  Baltimore  having,  by  its  charter,  power  to  prevent  nuisances,  was 
liable  in  damages  to  the  owner  of  a  horse  for  an  injury  done  the  horse,  oc- 
casioned by  the  digging  of  a  trench  or  hole  in  a  street  of  the  city,  into 
which  the  horse  fell,  the  driver  having  used  reasonable  and  proper  care  and 
diligence  to  avoid  the  danger ;  and  Vuit  the  fact  that  the  trench  was  dug  by 
the  owner  of  a  house  fronting  on  the  street,  for  the  purpose  of  conducting 
water  on  his  premises  from  the  water-pipes  of  the  city,  and  that  by  the  city 
ordinances  on  the  subject,  the  necessary  excavation,  filling  up  and  paving 
was  to  be'done  by  such  owner,  did  not  relieve  the  corporation  from  the  obli- 
gation under  its  charter,  to  keep  the  public  highways  free  from  nuisances 
and  in  a  condition  to  be  safely  traveled. 

Mayor  dec.,  Balto.  v.  Pennington  &  Harlan,  15  Md.  12.  But  see  note,  under 
Art.  XL VII,  Streets,  and  following  cases  : 

The  Board  of  Police  Commissioners  are  not  made  authorities  of  the  City 
of  Baltimore  as  such  by  any  provision  of  law.  Although  they  exercise 
authority  within  the  city  for  public  purposes  and  objects,  and  to  aid  in 
maintaining  good  order  therein,  they  have  not  derived  their  power  from  th© 
corporation,  nor  have  they  been  made  amenable  to  the  City  for  the  faithful 
discharge  of  their  duties.  Among  their  other  duties  they  are  specially 
required  to  prevent  and  remove  nuisances  within  the  city.  A  person  while 
passing  along  one  of  the  streets  of  Baltimore,  was  thrown  down  and  injured 
by  being  run  against  by  a  sled  going  along  the  street  at  a  rapid  rate  of 
speed.  In  an  action  against  the  City  to  recover  damages  for  the  injury, 
Held :  that  the  City  was  not  responsible,  inasmuch  as  it  had  no  control  over 
the  Board  of  Police  Commissioners,  who  had  exclusive  charge  of  the  re- 
moval of  the  nuisance  complained  of.  AUmter  v.  Mayor,  dtc.,  31  Md.  462. 
See  Flynn  v.  Canton  Company,  40  Md.  312. 


712  Police. 

Article  XXXVIII.— Ordinances. 

The  Board  of  Police  Commissioners  and  the  police  officers  appointed  by 
the  board  are  State  officers,  but  they  exercise  the  police  power  of  tlie  City 
of  Baltimore^  and  it  is  their  duty  to  enforce  all  the  laws  and  ordinances  of 
the  city,  which  can  be  enforced  by  the  police.  They  have  the  power  tc^ 
prevent  the  commission  of  crime,  and  to  arrest  and  detain  offenders  for  a 
hearing  without  warrant,  wherever  other  police  officers  can  do  so  by  the 
common  law,  that  is,  where  the  offence,  whether  by  common  law,  by 
statute,  ordinances  of  the  city  or  police  regulations,  is  committed  within 
their  view.    Roddy  v.  Finnexjan,  43  Md.  492. 

If  a  party  not  concerned  in  the  violation  of  the  law  obstructs  a  police 
officer  while  the  latter  is  inquiring  into  circumstances,  for  the  purpose  of 
enabling  him  to  ascertain  the  offending  party,  such  conduct  is  unlawful  and 
justifies  the  officer  in  arresting  him.    Ibid. 

Police  officers,  like  otlier  officers  of  the  law,  are  not  to  be  maltreated  in 
the  faithful  discharge  of  their  duty,  free  from  malice,  ill  will,  oppression  or 
the  use  of  any  unnecessary  force,  but  are  entitled  to  aid  and  assistance.  If 
they  fail  in  the  performance  of  duty,  or  their  conduct  proceeds  from  a  spirit 
of  oppression  or  annoyance,  they  place  themselves  beyond  the  immunity 
afforded  by  the  law,  and  become  offenders  themselves  and  are  liable  to  the 
severest  penalties.    Ibid. 

An  ordinance  [sec.  3,  p.  183,  ante,']  prohibited  all  persons  from  driving  or 
placing  any  horse  attached  to  a  wagon  upon  any  of  the  footways  of  the 
city.  A.  having  purchased  a  load  of  hay  from  B.,  ordered  tlie  latter  to  de- 
liver the  hay  at  the  window  of  his  stable  loft,  and  while  it  was  being  so  de- 
livered A.  was  arrested  for  a  violation  of  the  ordinance.  In  an  action  for  an. 
illegal  arrest  brought  by  A.  against  the  officer  making,  it  was  held  :■ 

1.  That  if  A.  gave  the  order  for  the  delivery  of  the  hay  at  the  window 
and  it  could  not  be  delivered  without  driving  over  the  pavement,  or  if  he 
intended  the  wagon  to  be  driven  over  the  pavement,  and  B.  so  understood 
the  order;  or  if  A.  stood  by  and  made  no  objection  thereto,  but  acquiesced 
in  the  act  as  done  in  pursuance  of  his  direction,  he  was  guilty  of  a  violation 
of  the  ordinance,  and  the  officer  was  justifiable  in  making  the  arrest,  if  he 
used  no  more  force  than  was  necessary  to  make  the  arrest  and  detention  for 
hearing  effectual. 

3.  That  finding  the  parties  in  the  act  of  violating  the  ordinance  the 
officer  was  not  only  justified  in  making  the  arrest  and  detaining  the  offender 
for  a  hearing,  but  his  duty  required  him  to  do  so  upon  his  responsibility 
as  a  police  officer,  without  obtaining  a  warrant  from  any  other  quarter. 

3.  That  the  fact  that  A.  had,  prior  to  the  unloading  of  the  hay,  and  had 
since,  unloaded  other  hay  into  his  stable  loft  while  the  horses  and  wagon 
containing  the  same  were  placed  upon  the  footway  of  the  street  for  that 
purpose,  could  not  be  used  to  show  his  intention  in  the  matter  in  questitm. 

im. 

An  indictment  in  the  Criminal  Court  of  Baltimore  charged  the  defendant 
with  disobedience  of  an  order  of  the  Board  of  Police  Commissioners  of 


Police.  713 

Article  XXXVIII.— Ordinances. 

Baltimore,  issued  on  23d  July,  1877,  (the  time  of  the  Baltimore  riots),  whereby 
the  said  board,  judging  that  the  public  peace  and  tranquility  required  the 
same,  and  having  lawful  authority  so  to  do,  and  in  pursuance  of  the  laws 
of  said  State  in  that  behalf,  ordered  any  and  all  "  bar-rooms,  drinking- 
houses,  and  all  other  places  where  liquor  is  usually  sold  in  the  city  of 
Baltimore,  to  be  temporarily  closed,  tliat  is  to  say,  to  be  closed  until  further 
notice."  Held  by  the  Court  of  Appeals,  June  28,  1878,  that:  wlien  the 
board  issues  such  orders  it  must  be  for  a  definite  period,  and  if  the  danger, 
at  its  close  has  not  been  averted,  the  time  can  be  lengthened  l>y  another 
order.  For  its  indefiniteness  the  order  was  illegal,  and  the  judgment  of  the 
court  below  sustaining  a  demurrer  to  the  indictment  and  discharging  the 
accused  was  alflrmed.    State  v.  Strauss. 

Just  before  the  Fourth  of  July,  1873,  the  marshal  of  police  issued  an  order 
instructing  the  police  to  enforce  the  ordinance  of  the  city  against  firing 
crackers  or  other  explosive  combustibles  within  the  city  limits,  [sec.  45,  p.  299, 
anteJ]  The  captain  read  the  order  to  his  men,  one  of  whom  very  early  on 
the  morning  of  the  Fourth  saw  a  boy  standing  in  a  cart  or  wagon  in  a 
yard  firing  off  crackers,  one  of  which  exploded  in  the  air,  and  another  fell 
in  the  street.  There  was  proof  that  the  gate  was  open,  and  the  officer  en- 
tered by  it  into  the  yard,  and  arresting  the  boy,  took  him  to  the  station  house, 
about  7  o'clock,  and  he  (tlie  boy)  was  taken  back  and  put  in  one  of  the  cells 
until  the  arrival  of  the  justice,  when  he  was  fined  and  discharged.  The 
friends  of  tlie  boy  claimed  that  the  police  officer  had  no  right  without  a 
warrant  to  enter  private  premises  to  make  an  arrest  for  violation  of  a  cor- 
poration ordinance.  Suit  was  brought  against  the  officer  before  a  justice  of 
the  peace,  and  he  fined  the  officer  one  cent.  From  this  the  police  took  an 
appeal,  for  the  purpose  of  having  their  rights  authoritatively  determined. 
Brown,  C.  J.,  in  City  Court,  December,  1872,  reversed  the  decision  of 
the  justice,  and  held  that  when  a  police  officer  saw  a  violation  of  law  he 
had  a  right  to  enter  private  premises  and  make  an  arrest  without  waiting 
for  a  warrant.    See  MitcluU  v.  Lemon,  note  p.  412,  ante. 


714 


Pkinteb. 


Article  XXXIX. — Ordinances. 


ARTICLE   XXXIX. 


PKINTER. 


ORDINANCES 


1.  City  Printer  to  be  appointed  an- 
nually by  convention  of  City 
Council :  duties  :  bond  to  be 
approved  by  Mayor  and  Comp- 
troller. 


2.  Joint  Standing   Committee  o  n 

Printing  and  Stationery. 

3.  Prices  to  be  paid  printer. 


No.  6,  s,  2,  Nov, 
21,  '71. 

City  Printer  to 
be  appointed 
annually  by 
convention  of 
City  Council. 


Duties. 


To  give  bond 
approved  by 
Mayor  and 
Comptroller. 


No.  138  s.  5, 
Oct.  21, '71. 


ORDINANCES  . 

1.  There  shall  be  appointed  on  the  second  Tuesday  of 
November,  and  annually  thereafter,  by  a  convention  of  both 
branches  of  the  City  Council,  a  person  or  firm  of  integrity, 
who  shall  be  bona  fide  engaged  in  the  printing  business  in 
the  city  of  Baltimore,  to  execute  the  printing  required  by 
both  branches  of  the  City  Council,  who  shall  perform  the 
duties  required  of  him  or  them  by  this  or  any  other  ordi-r 
nance,  and  who  shall,  before  he  or  they  shall  enter  upon  the 
discharge  of  his  or  their  duties  as  such,  execute  a  bond  to 
the  corporation,  with  such  security  as  the  Mayor  and  Comp- 
troller may  approve,  in  the  penal  sum  of  five  thousand 
dollars,  with  the  condition  that  he  or  they  will  faithfully 
discharge  the  several  duties  incumbent  upon  him  or  them  ; 
which  bond  shall  be  deposited  in  such  place  as  the  Mayor 
may  select  for  depositing  papers  of  that  kind,  and  be  de- 
livered by  him  to  his  successor  in  office. 

2.  There  shall  be  appointed,  as  other  joint  standing  com- 
mittees are  appointed,  three  members  of  the  Council  from 


I 


Printeb.  715 

Article  XXXIX. — Ordinances, 
each  branch,  to  constitute  the  joint  standing  committee  on  Joint  standing 

Committee  on 

printing  and  stationery,  who  shall  order   all  printing  or  |[^{'.'^°|j*'*'* 
other  articles  required  by  the  Council,  and  examine  and  ap- 
prove all  bills  for  the  execution  of  the  same  before  they  are 
presented  to  the  Comptroller  for  settlement. 

3.     For  the  work  performed  by  the  City  Printer  he  may  no.  6,  s.  i,  Nov. 
be  allowed  by  the  joint  standing  committee  on  printing  and  prices  to  be 
stationery,  for  the  work  specified,  if  performed,  and  approved  ^^ 
by  them,  the  following  prices,  to  wit — For  : 

200  copies  of  the  journals  of  first  and  second  branches  of  journals  First 

the  City  Council,  say  100  copies  for  daily  use  during  Branciie*. 

the  session  and  100  copies  to  be  printed  close  work,  and 
bound  as  usual,  including  index,  at  for  printing  per 
page $1  10 

Binding  100  copies  each  of  first  and  second   branch  Binding, 
journals  in  the  usual  style,  200  books,  at  for  bind- 
ing per  copy 50 

1  copy  of  proceedings  of  each  branch  to  be  printed  on  proceedings, 

writing  paper,  with  space  at  the  end  of  each  day's  pro- 
ceedings for  the  signatures  of  the  president  and  clerk 
of  the  branch,  including  index,  at  for  printing  per  page.      01 

200  copies  ordinances  and  resolutions  of  the  Mayor  and  ordinances  and 
City  Council  of  Baltimore,  printed  on  24x38,  50  lb. 
S.  S.  &  C.  book  paper,  including  index,  at  for  print- 
ing per  page 1  10 

Binding  said  200  copies,  as  usual,  per  copy 25 

200  copies  of  the  reports  of  the  several  departments,  ^*^'"ents'  '^^' 

rule  and  figure  work  included,  including  index, 
printed  on  24x38,  50  lb.  S.  S.  &  C.  book  paper,  at 
for  printing  per  page 1  25 

To  binding  200  copies  of  the  same,  as  usual,  per  copy..       50 

To  printing  150  copies  ditto,  including  covers  and  rule 
and  figure  work,  printed  on  24x38,  60  lb.  tinted 
paper,  100  copies  for  first  and  50  copies  for  second 
branch  City  Council,  at  for  printing  per  page 50 


716  Fkinteb. 

Article  XXXIX. — Ordinances. 

Bills  of  each  70  copies  of  the  bills  of  each  branch  on  cap  paper,  300 
pages,  at  for  printing  per  page,  (no  allowance  to  be 
made  for  blank  pages.) 1  00 

Tablet  cards.  100  copies  tablet  cards,  containing  lists  of  members  of 
City  Council,  4  pages,  on  bristol  board,  at  for  print- 
ing per  page 1  50 

Yeasand  nays.  1000  ycas  and  najs,  at  for  printing  per  1000 2  50 

1000  yeas  and  nays,  in  convention,  at  for  printing  per 
1000  3  00 

Rules  and  regu- 100  rulcs    and  regulations  for    government    of    both 

lations.  °  ^ 

branches   City    Council,    printed   on  24x38,   60  lb. 

tinted  book  paper,  at  for  printing  per  page  80 

To  binding  the  same  in  full  English  cloth,  with  side 
lettering  iu  gilt,  at  per  copy 01 

Committees.     100  cards,  list  of  committecs  of  City  Council,  printed 

on  best  bristol  board,  at  for  printing  per  100 8  00 

Mayor's  mes-  1000  copics  Mayor's  mcssagc,  or  any  other  report  or- 
dered by  special  resolution  of  the  City  Council, 
printed  on  24x38,  50  lb.  tinted  or  S.  S.  &  C.  book 
paper,  including  covers,  and  rule  and  figure  work,  at 

for  printing  per  page .1   75 

1000  copies,  more  or  less,  Mayor's  message  translated 
into  the  German  language,  printed  on  24x38,  50  lb. 
S.  S.  &  C.  book  paper,  including  covers  and  rule 
and  figure  work  (24  pages,  more  or  less,)  ordered  by 
special  resolution,  at  per  printing  and  translating 
per  page 2  25 

Work  not  enu-      And  for  all  work  not  enumerated  herein,  or  any  additional 

merated. 

quantities,  such  prices  as  may  be  determined  upon  by  the 
joint  standing  committee  on  printing  and  stationery.* 

*  See  sees.  15,  &c.  p.  19,  ante,  and  Librarian,  Art.  XXXII. 


Kailboads. 


717 


Article  XL. 


ARTICLE  XL. 

RAILROADS. 

STATUTE. 
Power  to  Mayor  and  City  Council  to  construct  railways  on  streets. 

ORDINANCES  . 


11. 
12. 


CAE8. 

Railway  cars  not  to  stand  on 
streets  unless  chained :  mode 
of  chaining:  penalty:  not  to  re- 
main on  streets  on  Sunday  : 
proviso. 

Penalty  for  removing  cars,  &c. 

Where  cars  may  be  loaded  and 
unloaded :  penalty : 

Cars,  &c.  not  to  be  placed  across 
flagstones:  penalty. 

Streets  between  railroads  and 
footways  not  to  be  obstructed : 
penalty. 

Railroad  cars  regulated  :  penalty. 

Rate  at  which  railroad  cars  may 
move:  penalty. 

Vehicles  in  passing  railways  to 
take  the  right. 

Not  more  than  two  cars  in  con- 
nection to  be  moved  on  track : 

Minors  not  to  jump  on  or  off 
railroad  cars :  exception :  pen- 
alty. 

TRACKS    AND   SWITCHES. 

Railway  tracks  regulated. 
To  be  kept  in  good  condition: 
penalty. 


LOCOMOTIVE  ENGINES. 

Permission  to  use  locomotive  en- 
gines on  certain  streets. 

Locomotive  engines   regulated : 
bell  to  be  rung :  penalty. 
15.   Penalty  for  using  steam  engines 
in  city :  exception :  penalty. 

Permission  to  use  wood  as  well 
as  coal  or  coke. 

Speed  regulated. 

Application  of  ordinance. 


13. 


14 


RAILWAYS. 

19.  Railways  to  be  examined  :  ordi- 

nance to  be  enforced. 

20.  When  obstruction  to  be  removed. 

21.  Obstructions  of  gutters  to  be  re- 

moved . 

22.  Penalty  for  obstruction. 

RAILWAY    TRACKS    ACROSS   BRIDGES. 

23.  How  tracks  over  bridges  shall  be 

laid:  penalty. 

RIGHT   OF  WAY. 

24.  Who  entitled. 

25.  City  passenger  railway  cars. 

26.  Penalty. 


718 


Railkoads. 


Article  XL. 


BALTIMORE   CITY   PASSENGER    RAIL- 
WAY. 

27.  Empowered    to    lay  tracks    on 

streets-:  single  tracks:  double 
tracks. 

28.  Su  pervision  of  the  building  of  the 

road :  rails :  time  for  completing 
the  tracks  :  in  case  of  failure. 

29.  The  gauge. 

30.  Conditions  for  laying  down  said 

tracks. 

31.  Kegulations  for  running    cars: 

fare. 

32.  Length  of  time  the  cars  to  run : 

speed. 

33.  Stock  subscription  books  to  be 

opened:  notice  to  be  given: 
excess  of  stock. 

34.  Required  to  purchase  property  of 

omnibus  lines  :  in  case  of  disa- 
greement: proviso. 

35.  In    case    of    becoming    incor- 

porated. 

36.  Materials,  how  and  where  ob- 

tained :  labor,  how  performed. 

37.  How  the  streets  shall  be  kept 

and  at  whose  expense  :  penalty 
for  non-compliance. 

38.  Abandonment  of  any  route. 

39.  Privilege  to  purchase  the  stock 

of  city  railway  :  in  case  of  dis- 
agreement as  to  value  of  said 
stock. 

40.  What  part  of  gross  receipts  to  be 

paid  to  City  Register :  how  it 
shall  be  applied :  power  to  re- 
duce fare. 

41.  Grantees  to  give  bond. 
42-43.   Additional  tracks. 

44.  Speed  during  market  hours  along 
Hanover  market:  obstructing 
cars:  penalty. 

45-58.   Additional  tracks. 

citizens'  railway  company. 

59.  Authority  to  lay  railway  on  cer- 
tain streets. 


60.  How  to  be  built. 

61.  Grades  of  streets. 

62.  Cars  not  to  remain    standing  • 

fare. 

63.  Opening  of  stock  books. 

64.  If  incorporated. 

65.  Streets  to  be  kept  repaired. 

66.  What  part  of  receipts  to  park 

fund. 

67.  To  give  bond. 
•68.    Streets. 

69.    Double  or  single  tracks. 
70-77.   Additional  tracks. 

BALTIMORE,  PEABODY   HEIGHTS  AND 
WAVERLY   RAILROAD. 

78.  Tracks. 

79.  To  be  laid  subject  to  inspection 

and  approval  of  City  Commis- 
missioner :  proviso :  penalty 
for  non-compliance. 

80.  Tracks  to  conform  to  grades  of 

streets:  streets  to  be  kept  in 
proper  repair :  free  from  snow, 
&c. 

81.  Tracks  not  to  be  used  by  street 

vehicles:  fine. 

82.  Quarterly  statement  to  City  Reg- 

ister: tax:  license. 

83.  Completion  of  work :  proviso. 

84.  Intervals  of  time  at  which  cars 

shall  be  run :  penalty. 

85.  Bond. 

86.  Privilege  to  use  track  on  Charles 

street,  between  Fayette  and 
German  streets :  consideration. 

87.  Books  of  subscription :  notice  in 

daily  papers. 

88.  Assignment:  additional  tracks. 

89.  Right  of  way  to  other  roads  to 

run  cars  on  track :  considera- 
tion. 

90.  Requirements:    bond  to  Balto., 

Peabody  Heights  and  Waverly 
Railroad. 

91.  Double  track  on  Howard  street. 


Kailboads. 


719 


Article  XL. 


BALTIMORK  AND   YORKTOWN    TURN- 
PIKE. 

92.  Authorized    to    lay   tracks    on 

North  avenue,  &c. 

93.  Superintendence     of     work: 

grades :    water  courses :   pas- 
sengers for  pay. 

94.  Cars  not  to  remain  standing  on 

streets:      police    regulations: 
fare. 

95.  Streets  to  be  repaired  at  expense 

of  company :  snow  and  other 
obstructions :  penalty, 

96.  What  part  of  gross  receipts  to 

City  Register:    penalty:    city 
boundary  avenue. 

97.  Right  to  change  price  of  fare. 

98.  Forfeiture  of  right. 
99-102.   Additional  tracks. 

REDUCTION   OF  TAX. 

103.  Twelve  per  centum  of  gross  re- 

ceipts to  be  paid  to  city. 

104.  Agreement:    Slawson  fare 

boxes :  children's  fare. 

105.  Penalty    for    non-payment    of 

tax. 

106.  Slawson  boxes  on  B.,  P.  H.  & 

W.  P.  R.:   proviso :    amounts 
I  due  by  companies. 

107.  License  on  cars. 
people's  passenger  railway. 

108.  On  what  streets  tracks  to  be 
laid. 

109.  Rails :  inspection  of  City  Com- 
missioner: penalty. 

110.  Repaving:    obstructions:  pen- 
alty. 

111.  Vacating  track  for  cars:  pen- 
alty. 

112.  Fare:  tax:  license. 

113.  Time  within  which  work  to  be 
begun  and  done. 

114.  Intervals  of  running  cars. 

115.  Bond. 

116.  Board    of  directors:    majority 
residents  of  Baltimore  city. 


DRUID  HILL  PARK  RAILWAY. 

117.  Park  Commission  to  lay  down 

railway  tracks  on  North  ave- 
nue, &c. 

118.  Route:  fare. 

BALTIMORE  AND  HALL'S   BFRINOS 
RAILWAY. 

119.  Tracks. 

120.  Manner  in  which  tracks  shall 

be  laid. 

121.  Tracks  to  conform  to  grades  of 

streets. 

122.  Tracks  not  to  be  used  by  ve- 

hicles: penalty. 

123.  Fare:    quarterly  statement  to 

City.Register:  tax:  license. 

124.  Completion  of  work. 

125.  Turnouts  or  sidings. 

126.  Bond. 

127.  Turnout  or  siding. 

128.  IIow  constructed. 

129.  Indebtedness  to  city :  tax  after 

January  1st,  1876. 

130.  Switches  on  Harford,  Central 

avenue,  Aisquith  street,  «&c. 

BALTIMORE  AND  HERRING  BUN 
RAILROAD. 

131.  Tracks. 

132.  Manner  in  which  tracks  shall 

be  laid :  proviso :  penalty. 

133.  Tracks  to  conform  to  grades  of 

streets. 

134.  Tracks  not  to  be  used  by  vehi- 

cles: penalty. 

135.  Fare:    quarterly   statement  to 

City  Register :  tax :  license. 

136.  Completion  of  work. 

137.  Bond. 

BALTO.  AND  RANDALL6T0WN  R.  R. 

138.  Tracks. 

139.  Tracks  to  be  laid  subject  to  ap- 

proval of  City  Commissioner. 

140.  To  correspond  to  the  grade  of 

the  streets :  streets  to  be  kept 
paved  and  in  proper  repair: 
free  of  snow,  «&c. 


720 


Railroads. 


Article  XL. 


141.    Street  vehicles  prohibited  from 
using  track:    Police  regula- 


166. 


tions. 

167 
168. 

BALTIMOKE   AND   OHIO   RAILROAD. 

142. 

Authorized  to  introduce  railroad 

into  city. 

169. 

143. 

From  depot  to   city  property, 
east  of  Jones'  Falls. 

170. 

144. 

On  Camden  street:  Pratt  and 
Camden  streets  connected. 

145. 

On  Green  to    Franklin  street 
&c. 

171. 

146. 

The  company  not  complying. 

147. 

On  Howard  and  Liberty  to  Bal- 
timore street:    on  Baltimore 

172. 

street  to  city  property,  east  of 

173. 

Jones'    Falls:     track     com- 

pleted. 

148. 

On  High,  Hillen  and    Exeter 

streets. 

174. 

149. 

Turn-outs. 

150. 

Cars  drawn  by  animal  power : 

speed  regulated :  penalty. 

175. 

151. 

Passenger  cars  speed. 

152. 

AVhen    rails    and  obstructions 

176. 

may  be  removed. 

177. 

153. 

To  construct    railways  within 
the  city,  reserved  :  collecting 

toll. 

178. 

154. 

Railway  to  be  kept  in  repair. 

179. 

155. 

To  lay  rails  in  certain  streets. 

156. 

How  governed. 

180. 

157. 

City  Commissioners  duty  in  re- 
spect to  railways  connected 

with  main  stem  of  B.  &  0, 

181. 

RR. 

158. 

Mode  of  assessing  expense  of 
railway. 

182. 

159. 

Of  collecting  such  assessment. 

183. 

160. 

Grades  of  streets,  how  altered. 

161. 

Private  railway  authorized. 

184. 

163. 

Gutters  not  to  be  obstructed. 

185. 

163. 

Private  railway  authorized. 

186. 

164. 

What  railways    may  be  con- 

187. 

structed. 

188. 

165. 

Mayor  may  sign  application. 

189. 

Railway  may  be  laid  otherwise 
than  on  a  street. 

Restrictions. 

B.  &  O.  R.  R.  Co.  authorized  to 
construct  railway  on  Alice 
Anna  and  other  streets. 

How  governed. 

B.  &.  O.  R.  R.  Co.  permitted  to 
construct  a  branch  on  their 
road  to  south  side  of  basin  : 
proviso. 

What  articles  to  be  transported 
on  said  road :  exempt  from 
wharfage. 

Company  may  construct 
wharves. 

Company  authorized  to  con- 
struct a  branch  road  from 
Pratt  street  to  any  part  of 
Fell's  Point. 

What  articles  exempt  from 
wharfage:  articles  of  trans- 
portation, &c. 

Privileges  granted  to  said  com- 
pany :  proviso :  steam  engine. 

Damages  to  property,  life,  &c. 

B.  &  O.  R.  R.  Co.  authorized  to 
lay  single  track  on  certain 
streets:  proviso. 

Street  grades  not  to  be  altered. 

Track  on  Concord  street:  pro- 
viso. 

Autliorized  to  change  curves  at 
President  and  Howard  streets: 
proviso. 

Railroad  track  on  South  Paca 
street. 

Not  to  occupy  more  than 
twenty-four  feet  width. 

Railroad  track  on  south  Charles 
street:  proviso:  notice. 

Branch  road. 

Restrictions. 

Grades  of  streets. 

Reservations  to  city. 

Additional  track. 

Switch,  &c. 


Kailboads. 


721 


Article  XL. 


194. 

195. 
196. 

197. 
198. 
199. 
200. 

201. 

202. 
203. 


190.  Authorized  to  change  grade  of 

Fort  avenue :  expense. 

BALTIMORE  AND  POTOMAC  RAILROAD. 

191.  Authority  to  construct  railway 

in  city :  in  what  streets. 

192.  Tunnels:  grades:  proviso. 

193.  Construction  of  tunnels :  penal- 
ty- 
Conditions  :  Western  Maryland 

Railroad:  Union  Railroad. 
Depot. 
Construction    of    road    across 

turnpikes  and  avenues. 
Ventilation  to  tunnel. 
Railroad  along  streets,  &c. 
How  governed. 
Time   limited:    completion    of 

tunnel :  proviso. 
Water  and  gas  mains. 
Signals. 
Offices  and  president. 

NORTHERN   CENTRAL   RAILROAD. 

204.  Track  of  railway  agreeably  to 
plat  in  Register's  office  : 
Mayor,  &c.,  to  lay  off  ground 
for  depots :  to  revert  to  city. 

Railways  to  be  removed  when 
required. 

Turn-outs. 

Cars  drawn  by  animal  power: 
speed. 

208.  Railways  kept  in  repair. 

209.  Right  reserved  to  come  in  with 

the  main  stem. 
Extending    railroad    along 

streets. 
Time  limited  for  laying  rails. 
Mayor  authorized  to  remove. 
Location  of  railroad  on  Wilk 

and  Exeter  streets. 
Railroad  extended  to  tide  water. 

215.  Where  tracks  may  be  laid  :  tun- 

nels. 

216.  Locomotives  may  be  used. 

217.  Connection  with  main  stem. 

218.  Reservation  to  city. 


205. 

20(5. 
207. 


210. 

211. 
212. 
213. 

214. 


219. 
220. 
221. 
222. 
223. 
224. 

225. 
226. 

227. 

228. 
229. 

230. 
231. 
232. 

233. 

234. 

235. 
236. 
237. 
238. 

239. 


240. 
241. 

242. 
243. 

244. 
245. 


Grades  to  be  established. 

City  to  have  supervision. 

Terminus. 

Rates  of  tonnage. 

Wharves  and  coal  shutes. 

Tracks  through  Central  avenue, 
&c. 

Conditions. 

Powers  and  privileges  to  N.  C. 
R.  R.  Co. 

Permission  to  lay  down  track 
on  Belair  avenue. 

Conditions,  &c. 

Engines  not  to  pass  except  be- 
tween certain  hours :  penalty. 

To  give  bond. 

Damages,  how  recovered. 

Streets  to  be  placed  in  good 
condition. 

Company  not  to  be  released 
from  obligations,  &c. 

To  lay  two  tracks  on  said  ave- 
nue. 

Powers  reserved. 

lioute  on  Canton  extension. 

Penalty. 

Change  of  route,  plan  and  pro- 
file. 

Offices  to  be  located  in  Balti- 
more :  bridges  and  streets  to 
be  kept  in  order. 

Plats  to  be  deposited. 

Domain  in  streets. 

Assent  to  ordinance. 

Track  on  Eastern  avenue :  pro- 
viso. 

Powers  reserved. 

Red  lights:  bells  on  horses: 
penalty. 


PHILADELPHIA,  WILMINGTON  AND 
BALTIMORE  RAILROAD. 

246.  Tracks  laid  along  Fleet  street, 

&c.:     proviso:    assent    of 
Mayor. 

247.  Railroad  not  to  obstruct  streets : 

remedy :  duty  of  Mayor. 


T22 


Railroads. 


Article  XL.— Statute. 


248.  Canton  Company  to  construct  a 
track  on  Chester  and  Alice 
Anna  streets :  proviso  :  tracks, 
how  coustrucfed :  when  P. 
W.  &  B.  R.  R.  to  use  locomo- 
tive engines  on  tracks. 

UNION  RAILROAD. 

349.  To  lower  bed  of  Belair  avenue : 
bridge:  proviso. 

250.  To  occupy  beds  of  John  and 

Wolfe  streets :  proviso  :  how 
changes  made. 

251.  Authorized  to  construct  its  rail- 

road under  Belvidere  street : 
provisos. 

WESTERN   MARYLAND   RAILROAD. 

253.   Tram  railway  :  how  laid. 

BALTIMORE,   CALVERTON    AND   POW- 
HATAN RAILROAD. 

Incorporation,  &c. 


BALTIMORE,  CANTONSVILLE,  AND  EL- 
LICOTT'S  MILLS  PASS.  RAILWAY. 

Incorporation,  &c. 

BALTIMORE  AND  DELTA  RAILWAY. 

Incorporation,  &c. 

BALTIMORE,  HAMPDEN  AND  LAKE 
ROLAND  RAILROAD. 

Incorporation,  &c. 

BALTIMORE,  HIGHLANDTOWN    AND 
BIVERVIEW  RAILROAD. 

Incorporation,  &c. 

BALTIMORE   AND   PIKESVILLE    RAIL- 
ROAD. 

Incorporation,  &c. 

CARROLLTON    AVENUE   RAILROAD. 

Incorporation,  &c. 


STATUTE. 


P.  L.  L.,  art.  4,      The  Major  and  City  Council  may,  on  the  application  or  as- 
c.  252.    '        '  sent  in  writing  of  the  owners  of  the  major  part  in  extent  of 


Power  to  con- 
struct railways 
on  streets. 


Sidelings. 


front  feet  of  the  lots  fronting  on  each  side  of  any  street,  or 
part  of  a  street,  pass  such  ordinances  as  shall  be  necessary  for 
the  construction  of  any  track  or  tracks  of  railway  on  and 
along  any  such  street;  and  may  permit  and  cause  such  altera- 
tion in  the  grade  of  such  street  as  may  be  necessary  for  the 
more  convenient  and  useful  construction  of  such  railway,  and 
may  levy  and  assess  on  all  the  lots  fronting  on  the  street,  or 
part  of  a  street,  or  on  the  owners  of  such  lots,  their  just  pro- 
portion of  expense  of  such  construction,  and  enforce  the  pay- 
ment thereof;  and  the  proprietor  of  any  lot  in  front  of  which 
any  railway  shall  be  so  constructed,  and  the  just  proportion 
of  constructing  which  shall  be  paid  by  him,  shall  be  entitled 
at  his  own  expense  to  have  a  convenient  sideling  or  turnout 
made  to  enable  him  to  have  the  beneficial  use  of  said  railway. 


Kailkoads.  723 

Article  XL. — Ordinances. 


ORDINANCES. 
CARS. 

1.  It  shall  not  be  lawful  for  any  railroad  company,  or  any  No.  34,8.  i,  r. 
other  person  or  persons  or  company,  owning  any  car  or  cars^  Railroad  cars 
to  permit  such  car  or  cars,  when  not  in  actual  service,  to  re-  streets  unies* 
main  in  any  paved  street  for  a  longer  period  than  one  hour, 

unless  there  be  some  chain  or  other  fastening  affixed  to  the 
wheels  of  every  such  car,  except  when  several  cars  may  be 
connected  together,  in  which  case  the  said  chain  or  fastening 
shall  be  attached  to  one  of  the  said  cars,  so  as  to  prevent  the  Mode  of  chain- 
car  or  cars  from  being  moved  by  any  person  or  persons,  with- 
out violently  breaking  or  removing  the  said  chain  or  other 
fastening,  and  keep  the  said  chain  or  fastening  affixed  as 
aforesaid,  until  the  same  may  be  regularly  removed  by  the 
agent  or  person  in  the  actual  service  of  the  said  person  or 
persons  or  company,  owner  or  owners  of  any  such  car;  and 
for  every  violation  of  the  provisions  of  this  section,  the  per- 
son or  persons  or  company,  owner  or  owners  of  the  car  or 
cars  so  remaining,  and  nOt  chained  or  fastened  as  aforesaid, 
shall  forfeit  and  pay,  for  each  and  every  violation  thereof,  not 
less  than  one  nor  more  than  twenty  dollars ;  and  any  person  penalty, 
or  persons,  company,  owner  or  owners,  as  aforesaid,  who  shall 
permit  any  car  to  remain  in  any  paved  street  on  Sunday,  shall  Not  to  remain 
forfeit  and  pay  five  dollars  for  every  car  so  remaining ;  pro-  Sunday. 
vided,  this  section  shall  not  be  extended  to  cars  engaged  in  the  proviso, 
operation  of  making  or  repairing  any  railways  or  pavements 
within  the  city. 

2.  It  shall  not  be  lawful  for  any  person,  other  than  an  agent  iwd,  a.  2. 
or  person  in  the  actual  service  or  employ  of  the  railroad  com-  penalty  for 

moving  cara, 

pany,  or  other  person  or  persons,  or  company,  owning  any  car  &c. 
or  other  carriage  on  any  railway  within  the  city,  without  the 
consent  or  permission  of  the  person  rightfully  having  charge 
of  the  particular  car,  to  put  or  attempt  to  assist  to  put  any 


724  Kailkoads. 

Article  XL. — Ordinances. 


car  in  motion  on  any  railway  within  the  city,  or  to  go  on  or 
into,  or  attempt,  or  assist  any  other  person  to  get  on  or  into 
any  such  car,  or  to"  remove,  unfasten  or  break,  or  attempt  or 
assist  to  remove,  or  unfasten  or  break  any  chain,  lock  or  other 
fastening  by  which  any  such  car  or  carriage  shall  be  fastened 
or  restrained  from  motion,  or  from  being  put  in  motion  ;  and 
any  person  offending  in  the  premises,  shall  forfeit  and  pay  a 
sum  not  less  than  one  nor  more  than  twenty  dollars. 

Ibid,  6.3.  3.     It  shall  not  be  lawful  for  any  person  or  persons  to  load 

Where  cars  may  or  unload  any  railroad  car  in  any  of  the  streets,  lanes  or 

be  loaded  and 

unloaded.  allcys  of  the  city,  within  the  limits  of  direct  taxation,  except 
at  the  several  depots,  or  by  the  consent  of  occupiers  of  houses 
or  lots  immediately  opposite  their  respective  premises,  or  load  or 
unload  coal,  on  or  from  any  railroad  car  or  cars,  on  any  of  the 
streets,  lanes  or  alleys  of  the  city,  unless  by  the  consent  of  the 
occupants  of  houses  or  lots  opposite  to  the  point  where  said 
persons  may  wish  to  load  or  unload  said  car  or  cars,  under  a 

Penalty.  penalty  of  five  dollars  for  each  and  every  offence. 

Ibid,  s.  4.  4.     It  shall  not  be  lawful  for  any  railroad  company,  or  any 

Cars,  &c.,  not  to  othcr  pcrsou  or  persons,  or  company,  owning  any  car  or  cars, 

be  placed  across  ^       i  i  i  i         j 

flagstones.        to  placc  or  causc  to   be  placed  any  passenger  car,  burden  car, 

wagon  or  other  vehicle  on   any  railroad  within   the  limits  of 

direct  taxation,  in  such  manner  as  to  obstruct  the  passage  of 

foot  passengers  on   any  of  the  flag-stones  at  any  of  the  cross 

streets  within  said  limits,  under  a  penalty  of  five  dollars  for 

each  and  every  offence,  and  a  further  penalty  of  five  dollars 

for  any  car  which  may  remain  for  an  hour  after  notice  given  to 

remove  the  same. 

Ibid,  8. 5.  5.     It  shall  not  be  lawful  for  any  company,  person  or  per- 

streets  between  sons,  to  placc  any  railroad  cars  of   any  description,  on  any 

footways^not to  tum-out  or  pHvatc  switch,  within  the  limits  of  direct  taxation, 

in  such  manner  as  to  obstruct  the  free  passage  along  the  line 

of  the  street  between  the  railroad  and  the  footway,  under  a 

Penalty.  penalty  of  five  dollars  for  each  and  every  offence. 


Railboads.  725 

Article  XL. — Ordinances. 


6.  It  shall  not  be  lawful  for  any  company,  person  or  per-  ibw,  s.  6. 
sons,  to  place  any  railroad  cars  of  any  description,  along  the  Railroad  cars 

.  ,  regulated. 

line  of  any  street,  in  such  manner  as  to  prevent  the  passage 
of  foot  passengers,  carts  or  drays,  from  one  side  of  the  street 
to  the  other,  on  any  one  square  occupied  by  railroad  cars ;  but 
in  all  cases,  the  company,  person  or  persons,  so  occupying 
the  street  with  railroad  cars,  shall  leave  an  opening  or  space 
of  not  less  than  twenty  feet,  at  or  near  the  centre  of  the 
square,  or  at  equal  distances  from  the  two  nearest  cross  streets, 
under  a  penalty  of  not  less  than  ten  dollars  for  each  and  every  Penalty, 
offence. 

7.  No  passenger  or  burden  car  shall  be  driven  on  any  of  iwd,  a.  7. 
the  railways  within  the  limits  of  direct  taxation,  (except  in  Rate  at  which 

•,.  ,        ,  in  1  •    1  •  railroad  cars 

ascending  the  heavy  grades  oi   streets,  which  may  require  a  may  move, 
greater  speed,  when  the  rate  shall    not  exceed  six  miles  an 
hour,)  at  any  faster  gait  than  a  walk,  and  at  no  time  move 
without  a  brakesman,  in  addition  to  the  driver,  under  the  pen-  Penalty, 
alty  for  each  and  every  oftence  of  twenty  dollars. 

8.  It  shall  be  the  duty  of  every  person  having  charge  of  iwd, ».  s. 
or  driving  any  cart,  dray,  wagon  or  other  carriage,  which  shall  vehicle*  in 
be  passing  on  or  along  any  street  in  which  any  railway  is  or  way3"t^  take 
shall  be  laid  within  the  city,  to  travel  or  pass  only  on  the 

right  hand  side,  between  the  curb  stone  and  the  track  of  the 
railway,  except  when  prevented  by  some  obstruction  in  the 
street,  or  when  it  shall  be  necessary,  for  any  sufficient  cause, 
to  cross  or  pass  over  such  railway  to  the  opposite  side. 

9.  It  shall  not  be  lawful  for  any  person  or  persons,  corpo-  ibid,  s.  9. 
ration  or  company,  to  move  or  cause  to  be  moved,  more  than  Not  more  than 

two  cars  In  con 

two  railroad  cars  in  connection,  upon  any  railroad  track  lead-  necuontobe 

'      ^  •'  moved  on  track. 

ing  through  any  of  the  streets  of  the  city,  where  the  descent 
of  said  road  does  not  require  the  aid  of  propelling  power, 
under   the  penalty  of   twenty  dollars  for   each    and   every  penalty, 
offence. 


726 


Railkoads. 


Article  XL. — Ordinances. 


No.  11,  Mar.  3,  10.  It  shall  Dot  be  lawful  for  any  minor  not  in  the  employ 
of  the  railroad  company,  to  jump  on  or  from  any  railroad  car, 
except  the  city  passenger  railway,  whilst  such  car  is  in  mo- 
tion, under  a  penalty  of  one  dollar  for  every  such  offence,  to  be 
collected  as  other  fines  and  penalties  are  now  recoverable. 


Minors  not  to 
jump  on  or  off 
railroad  cars. 
Exception. 
Penalty. 


TRACKS  AND  SWITCHES. 

No.  54,8.1,1854.      11.     All  railroad  tracks  and  switches  now  laid,  and  those 
Railway  tracks  that  may  bc  hereafter  laid  in  any  of  the  streets,  lanes  or 

regulated. 

alleys  in  the  city  of  Baltimore,  shall  be  filled  up  between  the 
rails  thereof  within  one  and  a  half  inches  of  the  top  of  the 
iron  rails,  and  raised  with  a  convex  form  in  the  centre  even 
with  the  top  of  said  rails,  with  good  even  stone  pavements,  or 
by  planking  the  same  with  two  inch  oak  plank. 

Ibid,  8.2.  12.     The  owners  and  occupiers  of  all  railroads  and  switches 

To  be  kept  in    above  referred  to  shall  at  all  times  keep  them  in  good  condi- 

good  condition.     .  .iiii.t 

tion,  as  prescribed  by  this  ordinance,  under  a  penalty  oi  ten 
Penalty.  dollars  for  every  day  (after  notice  shall  have  been  given)  that 

any  part  thereof  shall,  in  the  opinion  of  the  City  Commis- 
sioner, require  repairing  ;  and  in  case  of  the  neglect  or  refusal 
to  do  the  same  within  the  time  specified  in  said  notice,  then 
said  commissioner  shall  have  the  same  done  in  a  good  and 
sufficient  manner,  at  the  expense  of  said  owner  or  occnpier. 


LOCOMOTIVE  ENGINES. 

No.  67,  s.  1,  R.       13.     The  Northern  Central  Kailway  Company  are  hereby 
Permission  to    authorized  to  usc  locomotivc  engines,  adapted  to  a  low  speed, 

use  locomotive  ,  -t  i  i  tvt        i  i    /»  /-t    i 

engines  on  car- on  the  railroad  track  on  JNorth  street,  to  and  irom  Calvert 

tain  streets. 

station :  the  Baltimore  and  Ohio  Railroad  Company  are 
authorized  to  use  locomotive  steam  power  upon  their  tracks 
between  the  city  limits  and  Camden  station,  and  along  Pratt 
street,  upon  their  track,  from  Howard  street  to  the  Mount 
Clare  station ;  and  the  Philadelphia,  Wilmington  and  Balti- 


Kailboads. 


727 


Article  XL. — Ordinances. 


more  Railroad  Company  are  authorized  to  use  locomotive 
engines  on  their  railway  track,  between  the  eastern  boundary 
line  of  the  city  and  depot  at  the  intersection  of  Canton  avenue 
and  President  street. 

14.  When  a  locomotive  engine  is  used  within  the  limits  iwd,  s.  2. 
of  the  city,  a  man  shall  be  required  to  ride  on  the  front  of  the  Locomotive 

•'  ^  ^  engines  regu- 

locomotive  engine  when  going  forward,  and  when  going  back-  !**«''• 
ward  on  the  tender,  not  more  than  twelve  inches  from  the 
bed  of  the  road,  nor  shall  any  locomotive  engine  be  propelled 
at  a  greater  rate  of  speed  than  live  miles  per  hour,  except 
when  there  are  grades  requiring  a  greater  speed,  and  then  it 
shall  not  exceed  the  rate  of  six  miles  per  hour ;  and  the  per- 
son or  persons  having  charge  of  such  locomotive  engine  shall 
ring  a  bell  when  approaching  any  and  every  cross  street,  and  Beii  to  be  rung, 
no  steam  whistle  attached  to  any  locomotive  engine  shall  be 
used  within  the  limits  of  the  city,  except  at  the  Mount  Clare 
and  Camden  stations,  and  between  said  stations  and  the  city 
limits ;  for  any  violation  of  the  conditions  herein  set  forth,  the 
company  so  violating  shall   forfeit  and  pay  the  sum  of  ten  Penalty, 
dollars  for  each  and  every  offence. 

15.  If  any  railroad  company  shall  use  or  cause  to  be  used  iwd,  s.  3. 
any  locomotive  engine  or  engines  propelled  by  steam  on  any  Penalty  for 
railway  track  within  the  city  of  Baltimore,  other  than  those  pnes  in  city 
where  authorized  by  ordinances  of   the   city,  the  company  Exception, 
shall  forfeit  and  pay  for  every  such  offence  the  sum  of  twenty  Penalty, 
dollars,  to  be  collected  as  other  fines  and  penalties  of  the  city. 

16.  Privilege  is  granted  the  several  railroad  companies  to  ibia,  8.4. 
use  wood  as  well  as  coal  or  coke  as  a  fuel  for  steam  within  the  Permission  to 

use  wood  as 

limits  of  the  city    of    Baltimore ;    provided,  however,  that  "^^^^^^  '^""^  °' 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  Proviso. 
the  Mayor  and  City  Council  of  Baltimore  from  repealing  all 
or  any  part  of  this  ordinance,  whenever  they  may  deem  it 
expedient. 


728  Kailroads. 

Article  XL. — Ordinances. 


Ibid,  8. 6.  17.     No  cars  with  or  without  horse  power,  shall,  under  the 

Speed  regH-      Same  penalty  imposed  by  section  fourteen  hereof,  be  propelled 

at  a  greater  speed  than  four  miles  an  hour,  within  the  city  of 

Baltimore,  unless  attached  to  engines  as  provided  for  in  said 

section  fourteen. 

Ibid,  8. 6.  18.     This  ordinance  is  intended  to  apply  to  all  locomotive 

Application  of  engines  that  now  are  or  may  hereafter  be  used  within  the 

ordinance. 

limits  of  the  city  of  Baltimore.* 


RAILWAYS. 

No.6,Api.3,'5o.      19.     It  shall  be  the  duty  of  the  City  Commissioner  from 

Railroad  tracks  time  to  time  to  cxamine  the  construction  of  the  several  rail- 
to  be  examined  ,  i-ni  t  i       t    •  i         •  ^  •         i 

way  tracks  authorized  by  ordinances  to  be  Jaid  within  the 
limits  of  the  city,  and  to  report  to  the  Mayor  any  obstruction 
or  impediment  to  the  ordinary  use  of  any  street  or  streets, 
caused  by  the  said  tracks  being  improperly  laid  and  not  being 
in  conformity  with  the  provisions  of  the  ordinances  author- 
izing their  construction  ;  and  it  shall  be  the  duty  of  the  Mayor 
Ordinance  to  be  to  cnforcc  the  Ordinance  relating  to  the  removal  of  said  tracks, 
unless  in  his  judgment  the  remedy  shall  be  furnished  by  the 
enactment  contained  in  the  succeeding  section. 

*  In  running  its  engines  and  cars,  in  the  thronged  streets  of  a  populous 
city,  a  railroad  company  is  required  to  use  a  higher  degree  of  caution  than 
•would  be  necessary  when  moving  in  the  open  country.  A  railroad  com- 
pany is  bound  to  use  precaution  and  vigilance  corresponding  with  the  dan- 
gerous results  which  may  be  occasioned  by  the  negligent  use  of  its  machinerj^ 
A  railroad  company,  in  the  lawful  pursuit  of  its  business,  is  bound  to  use 
such  reasona  ble  care  and  diligence  as  prudence  would  suggest  and  require 
in  the  passage  of  its  locomotives  throiigh  the  thoroughfares  of  a  city.  Where 
a  railroad  company  does  not  conform  to  the  city  ordinances,  it  is  responsible 
for  any  accident  occasioned  by  it,  unless  the  injured  party  was  also  in  fault. 
If  the  company  failed  with  regard  to  such  requirements,  it  is  then  not  in  the 
lawful  pursuit  of  its  business,  and  not  entitled  to  the  consideration  of  the 
law  whose  injunctions  it  has  disregarded.  Under  such  circumstances  the 
highest  possible  vigilance  could  not  protect  it  from  the  consequence  of  its 
lawless  act.  B.  &  0.  R.  B.  Co.  v.  State,  use  of  Miller,  29  Md.  253.  See  B.  & 
0.  B.  B.  Co.  V.  Bahrs,  28  Md.  647. 


Railroads.  729 

Article  XL. — Ordinances. 


20.  It  shall  and  may  be  lawfal  for  the  Mayor  of  the  City  ibid,  s.  2. 

to  exercise  his  discretion  in  all  cases  where  an  obstruction  or  when  obstruc- 
tion to  be  re- 
impediment  is  caused  by  the  mode  of  construction  of  any  rail-  moved. 

way  within  the  city,  to  the  ordinary  use  of  said  street,  to  have 

the  said  track  entirely  removed,  or  to  have  the  said  track  so 

altered  or  arranged  as  to  abate  the  evil  complained  of,  by 

giving  notice  to  said  companies  or  owners  of  said  railway 

track,  who  shall  be  allowed  a  reasonable  time  to  make  said 

alteration  under  the  direction  of  the  City  Commissioner;  and 

upon  a  failure  on  the  part  of  said  companies  or  owners  to 

comply  with  the  said  notice,  it  shall  be  the  duty  of  the  City 

Commissioner  to  have  the  said  work  done,  and  the  bills  shall 

be  collected  from  the  owners  of  said  railway  tracks  by  legal 

proceedings,  if  the  same  shall  be  disputed  or  remain  unpaid 

for  the  space  of  thirty  days. 

21.  It    shall  be  the  duty  of  the  City   Commissioner  toiwd,  8.3. 
examine  the  constiuction  of  said  railways,  and  enforce  strictly  obstruction  or 

11     1  ..  /»j.  !•  It  .  .gutters  to  be 

all  the  provisions  of  ordinances  relating  to  the  obstruction  ot  removed, 
the  gutters  caused  by  the  laying  of  said  railway  tracks ;  and 
in  all  cases  of  obstruction  and  impediments  of  any  kind 
arising  from  the  improper  construction  of  railway  tracks,  in 
which  no  other  remedy  is  now  provided  by  ordinance,  it  shall 
be  the  duty  of  the  City  Commissioner  to  give  notice  to  the 
owners  of  said  railway  tracks  that  unless  the  said  obstructions 
be  removed  or  altered  so  as  to  remedy  the  evil  complained  of 
within  a  reasonable  time,  that  the  City  Commissioner  shall 
proceed  to  have  the  said  railway  reconstructed  at  the  cost  of 
the  owners  aforesaid. 

22.  If  at  any  time  hereafter  any  railway  shall  be  con- iwd,  s.  4. 
structed  within  the  limits  of  the  city,  in  the  mode  or  manner  penalty  for  ob- 
so  as  to  obstruct  the  ordinary  use  of  the  street  or  streets  in 

which  the  said  railway  shall  be  laid  down,  the  owners  of  said 
railway  shall  be  subject  to  a  penalty  of  one  hundred  dollars, 
and  be  liable  to  a  line  of  five  dollars  for  each  and  every  day 


730  Railroads. 

Article  XL. — Ordinances. 


such  obstructions  shall  be  permitted  to  remain  after  notice  of 
the  City  Commissioner  to  remove  the  same. 

RAILWAY  TRACKS  ACROSS  BRIDGES. 

No.  12,  Feb.  20,  23.  It  shall  not  be  lawful  for  any  passenger  railway  com- 
How  tracks       pauy  to  coustruct  any  railway  track  over  any  of  the  bridges 

oxer  bridges         ^       •'  J  J  J  b 

shall  be  laid,  belonging  to  the  city  of  Baltimore  in  any  other  manner  than 
by  notching  the  regular  form  of  rail,  or  by  laying  a  bar  three 
fourths  to  one  inch  in  thickness  on  the  top  of  the  floor  of  the 
bridge ;  and  any  person  or  persons  or  body  corporate  who  shall 
violate  the  provisions  of  this  section,  shall  forfeit  and  pay  a 

Penalty.  penalty  of  twenty  dollars,  and  a  further  penalty  of  ten  dollars 

for  every  day  such  violation  shall  be  continued,  to  be  recovered 
in  the  same  manner  as  other  fines  and  penalties  are  now  re- 
coverable. 

RIGHT  OF  WAY. 

No.  98,  Oct.  19,      24.     All  vehicles  going  in  the  same  direction,  and  upon  the 
Who  entitled  to  track  with  a  passenger  railway  car,  shall  be  entitled  to  the 
right  of  way  of  such  track,  and  not  compelled  to  leave  the 
same  for  vehicles  travelling  in  an  opposite  direction. 

Ibid,  s.  2.  25.     This  ordinance  shall  not  in  any  way  conflict  with  the 

City  Passenger  right  of  Way  already  granted  the  several  city  passenger  rail- 
way companies  for  the  use  of  their  tracks. 

Ibid,  s.  3.  26.     Each  and  every  person  violating  the  provisions  of  this 

Penalty.  Ordinance  shall  be  liable  to  a  penalty  of  two  dollars,  the  same  to 

be  collected  as  all  other  fines  imposed  by  ordinances  of  the 

city. 

BALTIMORE  CITY  PASSENGER  RAILWAY. 

No.  44,  Mar.  38,  27.  By  Ordinance  No.  44,  March  28,  1859,  the  persons 
Empowered  to  therein  named  and  others  were  authorized  and  empowered  to 
streets.  '  lay  a  double  track  of  city  passenger  iron  railways  on"^  Balti- 

more street,  from  the  western  limits  of  the  city  to  Broadway  ; 


Railroads.  731 

Article  XL. — Ordinances. 


thence  along  Broadway,  diverging  at  Canton  avenue,  on  each 
side  of  the  market  house,  to  Thames  street — the  tracks  along 
the  market  not  to  be  used  during  market  hours — thence  along 
Thames  street  east  to  Ann  or  Wolfe  streets ;  thence  north  to 
Aliceanna  street  or  Gough  street,  for  the  purpose  of  running 
thereon  passenger  cars  to  be  drawn  by  horse  power ;  and  they 
are  also  authorized  to  lay  down  a  single  track  on  Lombard  or  single  tracks. 
Fayette  streets,  or  both,  as  far  as  said  streets  may  be  graded 
and  paved  ;  and  they  are  hereby  further  authorized  and  em- 
powered, for  the  same  purpose,  to  construct  and  lay  down 
double  tracks  of  railways  upon  Charles  street,  from  the  northern  Double  tracks, 
limits  of  the  city  to  Read  street,  thence  along  Read  street  to 
Calvert  street,  thence  along  Calvert  street  to  Lexington  street, 
thence  along  Lexington  street  to  North  street*  thence  along 
North  and  South  streets  to  Exchange  Place,  thence  along  Ex- 
change Place  and  Lombard  street  to  Exeter  street,  thence 
along  Exeter  street  to  Bank  street,  thence  along  Bank  street 
to  Ann  street,  thence  along  Ann  street  to  Aliceanna  street, 
thence  along  Aliceanna  street  to  Windsor  street,t  thence  along 
Windsor  street  to  Essex  street,  thence  along  Essex  and  Burke 
streets  to  Lancaster  street,  thence  along  Lancaster  street  to 
Chesapeake  street,  thence  along  Chesapeake  street  to  Elliott 
street,  and  thence  along  Elliott  street  to  the  eastern  limits  of 
the  city,  at  Canton ;  also  upon  Hanover  street  or  Sharp  street, 
from  Baltimore  street  to  Hill  street,  thence  along  Hill  street 
to  Hanover  street,  thence  along  Hanover  street  to  Montgom- 
ery street,  thence  along  Montgomery  street  to  Light  street, 
and  thence  along  Light  street  to  Fort  street,  to  be  continued 
by  way  of  Fort  and  Marshall  streets  to  Ferry  Bar,  when  said 
Fort  street  shall  have  been  graded  and  paved  from  Fort  street 

*By  Ordinance  No.  21,  May  11,  '69,  the  company  was  authorized  to  re- 
move its  tracks  from  Lexington  and  North  streets. 

t  By  Ordinance  No.  88,  July  5,  '72,  the  company  was  authorized  to  remove 
its  tracks  from  Aliceanna  and  Windsor  streets. 


732  Railroads. 

Article  XL. — Ordinances. 


to  Ferry  Bar ;  also  upon  Eutaw  street,  from  Baltimore  street 
to  Madison  street,  and  thence  northwestwardly  along  Madison 
street  to  the  city  limits,  or  as  far  on  said  street  as  the  same 
shall  have  been  graded  and  paved  ;  also  upon  Green  street, 
from  Baltimore  street  to  Pennsylvania  avenue,  and  thence 
along  Pennsylvania  avenue  to  North  avenue,  or  as  far  on  said 
Pennsylvania  avenue  as  the  same  may  be  graded  and  paved  ; 
also  a  double  track  upon  Gay  street,  from  Baltimore  street  to 
Baltimore  Cemetery.* 

Ibid,  s.  2.  28.     The  said  railway  shall  be  built  under  the  supervision 

Supervision  of  ^f  the  City  Commissioner  and  joint  standing  committee  on 
the  roTd!""^ "'  highways,  and  the  rails  shall  be  of  the  most  approved  pattern, 
and  be  so  constructed  and  laid  down  as  not  to  obstruct  or 
impede  the  free  flow  of  water  across  the  streets,  or  down  the 
gutters  thereof;  and  further,  the  track  upon  Baltimore  street 
and  Green  street,  Pennsylvania  avenue  and  Gay  street,  also 
the  track  to  the  eastern  boundary  of  the  city  at  Canton,  and 
Hanover  street,  or  Sharp  street,  to  the  southern  section  of  the 
Time  for  com-    city  as  far  as  paved,  shall  be  laid  down  and  completed  within 
tracks?^  "^        twclvc  mouths  from  the  passage  of  this  ordinance,  and  the  re- 
maining, mentioned  in  the  preceding  section,  shall  be  com- 
pleted as  far  as  the  streets  therein  designated  may  be  graded 


*By  Ordinance  No.  3,  Nov.  25, '59,  the  company  was  authorized  to  lay  down 
single  track  upon  such  portion  of  Gay  street  as  lies  between  Chesnut  street 
and  Chew  street ;  and  they  were  also  authorized  and  empowered  to  lay  down 
a  single  track  upon  Ensor  street,  from  Chesnut  street  to  Chew  street,  and 
along  Chew  street  to  intersect  the  double  track  at  Gay  street ;  and  all  the 
provisions,  conditions  and  restrictions  contained  in  Ordinance  No.  44, 
March  28,  '59,  in  relation  to  the  construction  and  use  of  the  tracks  of  rail- 
way therein  mentioned,  shall  apply  to  the  said  tracks  of  railway  upon 
Ensor  street  and  Chew  street ;  provided  the  written  consent  of  the  owners 
of  property  representing  the  majority  of  front  feet  on  the  line  of  said  rail- 
way tracks  on  Ensor  and  Chew  streets  be  first  obtained,  as  provided  for  by  law. 
And  by  Ordinance  No.  56,  Sept.  22,  '65,  the  company  was  authorized  and  em- 
powered to  lay  a  single  track  of  railway  on  Gay  street,  from  the  bridge  over 
Jones'  Falls  to  Chesnut  street,  in  place  of  the  two  tracks ;  the  said  single 
track  to  be  laid  in  the  centre  of  the  street. 


Railroads.  733 

Article  XL. — Ordinances. 


and  paved  within  such  time  thereafter  as  may  be  determined 
upon  by  the  Mayor  and  City  Comptroller,  and  not  to  exceed 
two  years  after  the  passage  of  this  ordinance ;  and  in  case  of 
failure  of  the  company  to  comply  with  this  section,  they  shall  in  case  or  faii- 

ure. 

forfeit  and  pay  five  hundred  dollars  per  month  for  every  month 
until  this  section  be  complied  with. 

29.  The  gauge  of  said  railway  tracks  shall  be  the  same  as  tbid.s.  3. 
that  of  ordinary  street  carriages  in  use  in  the  city  of  Balti- The  gauge, 
more,  in  order  to  admit  of  the  passage  of  such  carriages  upon 

the  tram  plate  of  the  said  railway  ;  but  no  vehicles  shall  be 
permitted  to  use  said  railways  for  the  purpose  of  carrying 
passengers  for  pay  or  hire.* 

30.  Inlaying  down  said  railways  the  proprietors  thereof  ibid,  s.  4. 
shall  conform  to  the  grades  of  the  several  streets  used  by  them,  conditions  for 
as  the  same  are  now  or  may  hereafter  be  established  by  law.      «»»*  tracts. 

31.  The  cars  running  upon  said  railways  shall  not  remain  iwd.s.  5. 
standing  on  the  line  of  their  routes  for  passengers,  but  shall  ueRuiations  for 

1  1  •  n     1  1.  1      •  1.1  running  cars. 

be  subject  to  all  the  police  regulations  which  are  now  or  may 

hereafter  be  contained  in  the  ordinances  of  the  city,  in  regard 

to  railway  cars  or  other  vehicles,  so  far  as  said  regulations  may 

be  applicable  thereto ;  and  further,  the  price  for  transporting 

passengers  from  any  one  part  of  the  city  to  any  other  on  the 

line  of  these  railways,  shall  not  exceed  the  sum  of  five  centsf  Price  per  pas- 
senger. 

*This  section  further  provided  that,  in  no  case  should  it  be  lawful  to  use 
said  railroad  cars  for  tlie  accommodation  of  passengers  on  the  Sabbatli 
untfer  a  penalty  of  fifty  dollars  for  each  car  so  run  on  the  Sabbath,  to  be 
collected  as  other  fines ;  but  by  the  act  of  1867,  c.  344,  the  Baltimore  City 
Passenger  Railway  Company  were  authorized  to  run  tlieir  cars  on  Sunday 
to  the  several  termini  of  their  routes  ,  and  to  provide  a  suflicient  number  for 
the  accommodation  of  tlie  people  of  the  city  ;  provided,  the  provisions  of 
the  act  should  be  submitted  to  the  people  of  Baltimore  for  ratification,  at 
tlie  first  election  to  l)e  held  in  said  city  after  its  passage.  The  citizens  of 
Baltimore  accordingly  voted  on  the  question,  and  declared  by  a  majority  of 
votes  for  the  running  of  the  cars  on  Sunday  ;  and  this  act  was  adopted. 

t  Changed  to  six  cents,  &c.    See  note  of  Acts  of  Assembly,  post. 


734  Railroads. 

Article  XL. — Ordinances. 


License.  per  passcnger,  and    the   sum    of    twenty   dollars*   shall  be 

paid  annually  upon  each  car  running  regularly  on  said  rail- 
way, as  license  mon6y  therefor,  to  the  City  Register. 

Ibid,  s.  6.  .32.     It  shall  be  the  duty  of  said  company  to  run  cars  at 

Length  of  time  intervals  of  not  over  ten  minutes  to  the  extent  of  their  tracks, 

that  the  cars  .  ■,     ,    ,         ^  a        •^    r^  /^        i  n 

shaurun.  from  6  A.  M.  to  midnight,  from  April  nrst  to  October  first; 
from  7  A.  M.  to  midnight,  from  October  first  to  April  first, 
under  a  penalty  of  five  dollars  for  each  car  that  does  not  run 
to  the  extent  of  tracks  as  embraced  in  this  ordinance,  collect- 
able as  other  city  fines  are  collectable ;  and  further,  the  run- 
ning speed  upon  said  roads  shall  not  at  any  time  be  at  a  greater 

Speed.  rate  than  six  miles  an  hour  in  the  built   up  portions  of  the 

city. 

Ibid,  s.  7.  33.     The  said  company  shall  cause  a  book  to  be  opened  in 

stock  subscrip-  tliis  city,  for  the  purpose  of   receivirip;  subscriptions  to  the 

lion  book  to  be  .,.„.,.  .,  ,     ,  ,  .       • 

opened.  Capital  stocK  01  Said  City  railways,  and  the  subscriptions  to  the 

same  from  such  persons  as  may  wish  in  their  own  right  to  be- 
come stockholders  therein  ;  and  said  book  shall  be  opened  for 
the  purpose  within  ninety  days  from  the  passage  of  this  or- 
dinance, and  its  approval  by  the  Mayor,  and  shall  be  kept  open 

Notice  to  be      for  fivo  days ;  and  the  said  company  shall  give  notice  of  the 

given  of  time. 

time  and  place  of  opening  said  book  in  all  the  daily  news- 
papers of  this  city  ten  days  previous  thereto,  and  in  the  event 
Excess  of  stock,  of  more  stock  being  subscribed  for  than  said  company  are  au- 
thorized to  issue,  the  same  shall  be  divided  pro  rata  to  each 
subscriber. 

Ibid,  8. 8.  34.     The  parties  hereby  authorized  to  construct  the  railways 

Required  to      aforcsaid,  are  hereby  required  to  agree  with  James  Mitchell, 

purchase  prop-  itt       •  t 

erty  of  omnibus  Oolcmau  &  Bailey,  and  William  Robertson,  owners  of  exist- 
ing omnibus  lines  in  the  city  of  Baltimore,  for  the  purchase  of 
their  horses,  harness,  carriages  and  stabling,  to  be  paid  for  in 

*  Reduced  to  $5,  see  sec.  107  of  this  Article. 


Railroads.  735 

Article  XL. — Ordinances. 


cash  before  the  streets  shall  be  broken  for  the  construction  of 
any  part  of  said  railway  ;  and  for  the  purpose  of  ascertaining 
the  true  value  or  amount  to  be  paid  for  said  property,  if  the 
price  demanded  by  said  omnibus  proprietors  be  deemed  ex- 
cessive, the  parties  to  this  giant  shall  appoint  one  referee,  and 
the  said  omnibus  proprietors  another  referee,  who,  in  the  event 
of  disagreement,  shall  appoint  an  umpire — the  decision    of  in  case  of  dis- 
whom  shall  be  final  as  to  the  price  to  be  paid  as  aforesaid ;  **^''^"°®"  • 
provided,  however,  that  if  said  omnibus  proprietors  shall  refuse  Proviso, 
to  sell  out  as  provided  for  in  this  section,  then  the  said  parties 
authorized  to  construct  passenger  railways,  shall  be  authorized 
to  proceed  without  reference  to  said  purchase  from  the  omni- 
bus proprietors. 

35.  If  the  aforesaid  parties,  their  associates,  successors  or  ibw,  g.  9. 
assigns,  shall  hereafter  become  incorporated,  the  rights  and  in  case  of  be- 
privileges  granted  to  them  by  virtue  of  this  ordinance  shall  Mt°d!' ''"^°'*^ 
extend  to  such  corporation  upon  the  conditions  herein  pre- 
scribed, and  until  such  acts  of  incorporation  shall  have  been 
obtained,  such  association  shall  have  all  the  rights  and  privi- 
leges hereby  granted,  or  the  successors  of  said  parties,  without 

further  action  of  the  Mayor  and  City  Council  of  Baltimore. 

36.  All  the  cars,  iron  rail,  and  other  material   used  and  ibid.s.io. 
employed  in  and  upon  or  about  the  construction  and  use  of  Material,  how 
said  city  railways,  and  all  the  labor  necessary  to  the  building,  tained. 

use  and  occupation  of  the  same,  shall  be  made,  manufactured,  Labor,  how  per. 

formed. 

employed  and  obtained  in  the  city  of  Baltimore,  and  not  else- 
where unless  it  shall  appear,  after  due  eftbrt  by  advertisement, 
that  any  part  thereof  cannot  be  had  or  obtained  within  the 
prescribed  limits,  in  a  reasonable  time,  so  as  to  enable  said 
company  to  complete  said  railways  within  the  time  limited  in 
this  ordinance  for  the  completion  of  the  same,  when  after  due 
effort  as  aforesaid,  such  part  as  cannot  be  had  within  the  limits 
aforesaid  may  be  had  and  obtained  elsewhere. 


736  Railroads. 

Article  XL. — Ordinances. 


Ibid,  s.  11.  37.     The  owners   and  proprietors   of   said   railways  shall 

How  the  streets  keep  the  stroots  covered  by  said  track,  and  extending;  two  feet 

shall  be  kept,  ^  ./  '  t? 

and  at  whose     on  the  outcr  limits  of  either  side  of  said  tracks  in  thorough 

expense.  o 

repair,  at  their  own  expense,  and  shall  free  the  same  from 
snow  or  other  obstructions,  in  doing  which  they  shall  not  cause 
to  be  obstructed  the  other  portions  of  the  street  on  either  side 
of  the  railway  tracks  authorized  by  this  ordinance  to  be  con- 
Penaityfornon-  structed,  and  for  nou-compliancc,  the  Mavor  and  City  Council 

compliance.  ,  i  i        r-  "  -,. 

may  impose  such  reasonable  tines,  not  exceeding  twenty  dol- 
lars per  square,  to  be  collected  as  other  fines  are  now  collected. 

Ibid,  8.  la,  38.     No  route  or  routes  of  railway  authorized  to  be  con- 

Abandonment  structed  by  the  provisions  of  this  ordinance  shall  be  aban- 
o  any  roue,  ^^j^^g^j^  qj.  ^^^  ^gg  ^^  them  discontinued,  unless  a  majority  of 
the  property  holders  upon  said  route  or  routes  shall  first  assent 
thereto ;  in  the  event  of  said  assent  being  obtained,  said  route 
or  routes  shall  not  be  again  used  without  the  consent  of  the 
Mayor  and  City  Council  of  Baltimore. 

Ibid,  s.  13.  39.     The  Mayor  and  City  Council  of  Baltimore  shall  have 

Privilege  to      the  privilege,  within  two  years  after  the  expiration  of  fifteen 

stock  of  city      years  from  the  passage  of  this  ordinance,  to  purchase  a;nd  buy 

out  the  stock  and  interest  of   said  association  or  company, 

together  with  such  appurtenances  belonging  to  said  railways 

as  the  said  Mayor  and  City  Council  may  deem  proper,  for  and 

at  a  fair  and  equitable  consideration  or  value,  and  in  case  of 

incaseofdis-    a  disagreement  as  to  said  value  and  consideration,  the  Mayor 

to  value  of  said  and  City  Council  aforesaid  shall  appoint  one  referee,  and  the 

said  parties  to  this  grant,  or  their  assigns,  shall  appoint  another 

referee,  who,  in  the  event  of  disagreement,  shall  appoint  an 

umpire,  the  decision  of  whom  shall  be  final  as  to  the  price  to 

be  paid  aforesaid  ;  and  provided  further,  that  if  the  said  Mayor 

and  City  Council  shall  decline  or  neglect  to  give  notice  to  said 

company  of  their  intention  to  make  said  purchase  within   the 

aforesaid  two  years,  then  the  grants  and  privileges  herein  given 

to  said  company  shall  continue  to  them  or  to  their  assigns,  for 


Raileoads.  T37 

Article  XL. — Ordinances. 


fifteen  years  longer,  subject  to  all  the  conditions  and  terms 
contained  in  this  ordinance,  and  renewable  thereafter  every 
fifteen  years  under  the  aforesaid  terms  and  conditions. 

40.  The  said  company  shall,  by  their  treasurer,  under  oath,  iwd,  n.  u. 
pay  into  the  hands  of  the  City  Register,  quarterly,  one-fifth  what  pan  of 

gross  receipts 

[now  twelve  per  centuml  of  the  gross  receipts  accruing  from  to  be  paid  to 

^  ^  .  City  Register. 

the  passenger  travel  upon  said  roads  located  within  the  city 
limits  under  this  ordinance,  or  any  extension  of  said  limits  >' 

which  may  be  determined  upon  hereafter,  the  same  to  be  ap- 
plied to  the  establishment  and  improvement  of  the  City  How  it  shaii  be 
Boundary  avenue,  and  to  the  location,  purchase  and  improve- 
ment of  such  park  or  parks  as  may  be  determined  upon  here- 
after by  the  Mayor  and  City  Council  of  Baltimore,  for  the 
benefit  of  the  people  of  said  city ;  said  park  or  parks  to  com- 
prise an  area  of  not  loss  than  fifty  acres  each ;  and  the  said 
Mayor  and  City  Council  shall  have  the  power  on  the  comple- 
tion of  said  improvements,  to  reduce  the  rate  of  fare  on  pas*  power  to  reduce 
senger  travel  to  such  limit  within  the  range  of  one-fifth  of  tlie 
gross  receipts  of  said  road  as  they  may  deem  expedient  and 
advisable,  the  city  at  the  same  time  relinquishing  its  interest 
in  the  receipts  from  said  road  to  the  extent  of  said  reduction 
on  said  fare. 

41.  The  parties  hereby  empowered  to  construct  a  passen-  ibia,  s.  is. 
ger  railway  aforesaid,  shall  give  bond  and  security  to  the  Guarantees  to 
Mayor  and  City  Comptroller,  in  the  sum  of  one  hundred  ^""^ 
thousand  dollars,  for  the  faithful  performance  of  all  the  ob- 
ligations and  liabilities  contained  in  this  ordinance,  and  to 
commence  the  road  within  sixty  days  after  the  passage  of 

this  ordinance. 

42.  Permission  is  granted  to  the  City  Passenger  Railway  no.  44,  June  28, 
Company  to  lay  down,  construct   and  use  for  the  space  of  to  lay  single 

track  on  Green- 

two   years,   a   single   track   of  railway   and   the   necessary  wiiiow  street, 
switches   on    Greenwillow  street,  connecting  the  tracks  on 


738 


Raileoads. 


Article  XL. — Ordinances. 


Pennsylvania  avenue  with  the  stables  of  said  company;  said 
track  to  be  laid  under  the  supervision  of  the  City  Commis- 
sioner, and  when  said  track  is  removed  the  pavement  to  be 
replaced  and  put  in  same  condition  as  before ;  the  expense 
of  the  same  to  be  paid  by  the  said  railway  company. 


No.  70,  Aug.  1, 

'60. 

Single  tracks 

on  Sharp,  Hill 

and' Hanover 

streets. 


Centre  of 
streets. 


Ibid,  S.2. 

Speed  during 
market  hours 
along-  Hanover 
Market. 


Obstructing 
cars. 


Penalty. 


No.  54,  Sept.  II, 
'65. 

Changing  the 
route  on  Gay, 
Sharp  and 
Green  streets. 


Transfer 
tickets. 


43.  The  said  company  is  hereby  authorized  to  construct 
a  single  track  of  tram  railway  on  Sharp  street,  commencing 
on  the  south  side  of  Baltimore  street  track  to  Hill  street, 
and  a  single  track  along  Hill  street  to  Hanover  street ;  also 
to  construct  a  single  track  on  Hanover  street,  commencing 
on  the  south  side  of  the  Baltimore  street  track  to  Hill  street. 
From  the  intersection  of  Hill  and  Hanover  streets  south,  the 
track  to  be  laid  agreeably  to  the  provisions  of  Ordinance 
No.  44,  approved  March  28th,  1859  ;  said  tracks  to  be  con- 
structed in  the  centre  of  all  the  above  named  streets,  at  an 
equal  distance  from  the  kerb  on  either  side. 

44.  The  said  company  shall  be  allowed  to  run  their  cars 
along  Hanover  street  at  the  market  during  market  hours, 
at  a  speed  not  faster  than  a  walk  ;  and  also  it  shall  not  be 
lawful  at  the  Hanover  market  for  any  person  or  persons  to 
obstruct  wilfully  the  passage  of  cars,  by  allowing  their 
vehicles  to  remain  on  or  about  the  track.  Any  person  or 
persons  violating  the  last  clause  of  this  section  shall  be  sub- 
ject to  a  fine  of  not  less  than  one  or  more  than  five  dollars 
for  each  and  every  ofience,  to  be  recovered  as  other  fines  and 
forfeitures  are  now  recovered. 

45.  The  said  company  is  hereby  authorized  to  construct  a 
track  or  tracks  of  railway,  connecting  with  their  tracks  at  the 
intersection  of  Baltimore  and  south  Gay  streets,  and  extend- 
ing along  south  Gay  street  to  its  intersection  with  Second 
street,  and  to  run  thereon  the  cars  of  the  Green  street  route 
and  those  of  the  Sharp  street  route,  as  two  separate  and  dis- 
tinct lines— these  lines  to  give  and  receive  transfer  tickets  as 


Railroads.  739 

Article  XL. — Ordinances. 


provided  for  in  the  act  of  incorporation  of  the  said  company, 
and  they  shall  place  a  suflBcient  number  of  cais  upon  the  two 
routes  to  enable  one  to  be  started  every  ten  minutes  from  each 
terminus  of  said  routes. 

46.  The  track  or  tracks  authorized  to  be  constructed  by  ibid,  s.  2. 
this  ordinance,  shall  in  all  respects  be  governed  by  and  subject  subject  to  rules, 
to  the  same  rules  and  regulations  as  are  prescribed  by  the 
ordinances  of  the  city  for  the  government  of  other  tracks  of 

the  said  company. 

47.  The  said  company  is  hereby  authorized  and  empowered  No.  9,  Feb.  23, 
to  construct  a  double  track  of  railway  on  North  avenue,  be-  Double  track 

on  North 

tween  Madison  and  Pennsylvania  avenues,  to  connect  the  two  avenue  and 

•'  '  Holliday  street. 

lines  on  said  avenues  together,  and  also  to  construct  a  double 
track  on  Holliday  street,  between  Baltimore  and  Fayette 
streets,  to  be  the  terminus  and  starting  point  for  a  new  line, 
to  run  between  Holliday  street  and  North  avenue  ;  provided,  proviso, 
that  whenever  Holliday  street  shall  be  opened  south  of  Balti- 
more street,  the  terminus  or  starting  point  shall  be  removed 
to  and  made  in  Holliday  street,  between  Baltimore  and  Second 
streets. 

48.  The  said  company  is  requested  and  hereby  authorized  no.  21.  s.i. 
and  empowered  to  lay  tracks  of  their  railways  on  High  and  no.  a?,  kar! 3", 
Albemarle  streets,  connecting  with  their  tracks  on  Baltimore  Tracts  on 

J,         1  a  .,  p     ^        -rt  i«      High  and  Alb«- 

street,  lor  the  purpose  of  running  the  cars  of  the  rennsylvania  marie  streets, 
avenue  line  from  its  present  terminus  at  North  avenue  to  the 
President  street  station  of  the  Philadelphia,  Wilmington  and  President  street 

.  .  station. 

Baltimore  railroad  ;  and  the  said  company  is  further  authorized 
and  empowered  to  extend  their  tracks  from  the  intersection 
of  Calvert  and  Lexington  streets,  alonsr  Calvert  street  to  con-  caivert  and 

'^  ^  Lexington 

nect  with  their  tracks  on  Baltimore  street,  and  to  run  over  the  streets. 

tracks  thus  connected,  a  line  of  cars  from  the  terminus  on 

north  Charles  street  to  the  terminus  on  Light  street,  thereby  b.  &o.  r.  r. 

°  ,  station. 

enabling  passengers  to  reach  either  the  Baltimore  and  Ohio  or  n.  c.  r.  w. 

^  *^  ^  .  station, 

the  Northern  Central  railw^ay  stations  by  the  city  cars. 


740  Railroads. 

Article  XL. — Ordinances. 


Ibid,  s.  2.  49,     The  said  company  are  hereby  authorized  and  empow- 

Trackson        ered  to  lay  a  line  of  railway  tracks  from  the  intersection  of 
street  to  Lafay-  Townscnd  strcot  and  Pennsylvania  avenue,  on  Townsend  street 

ette  square.  •'  ' 

and  Lafayette  square,  and  to  run  a  portion  of  the  cars  of  the 
Pennsylvania  avenue  line,  not  exceeding  one-half,  over  said 
track  to  Lafayette  Square. 

Ibid,  s.  4.  50.     The  said  company  is  hereby  authorized  and  empowered 

Tracks  on  Bai-  to  lay  a  line  of  railway  tracks  from  the  intersection  of  Balti- 
more street  with  Broadway,  along  Baltimore  street  to  Gist, 
Patterson  Park,  and  aloug  Gist  strcot  to  Pattcrsou  Park,  and  to  run  a  portion 
of  the  cars  of  the  Madison  avenue  and  Broadway  line  to  said 
park. 

No.  27,  Mar.  30,      51.     The  Said  company  is  hereby  authorized  and  empowered 
Authorized  to    to  lay  tracks  of  their  railways  on  High  and  Albemarle  streets, 

lay  tracks  on  .  o  -»-»        • 

certain  streets    and  ou  south  Frout  and  Plowmau  streets,  between  Baltimore 

to  the  Phila.  ' 

depot.  g^jj(j  Albemarle  streets,  connecting  with  their  track  on  Balti- 


more street  and  on  Eastern  avenue,  between  Albemarle  and 
High  streets,  for  the  purpose  of  running  the  cars  of  the  Penn- 
sylvania avenae  line  from  its  terminus  at  Nortli  avenue  to  the 
President  street  station  of  the  Philadelphia  and  Wilmington 
and  Baltimore  railroad. 

Ibid,  s.  4.  52.     Whenever  any  company  incorporated  with  the  authority 

Citizens'  Rail-  to  build  the  passcngcr  railway  mentioned  in  section   59  of 
this  article,  shall  have  constructed  the  railway  therein  men- 
tioned, from  Patterson  Park  to  Lafayette  Square,  they  shall  be 
Authority  to      authorized  to  construct  a  double  track  on  Exeter  street,  be- 
track  on  Exeter  twccu  Pratt  and  Lombard  streets,  and  thence  along  Lombard 

street.  '  ° 

street  to  and  beyond  Albemarle  street. 

Ibid,  8. 5.  53.     The  privileges  by  this  ordinance  extended  to  the  Balti- 

conditions  on    morc  City  Passenger  Railway  Company,  are  extended  upon 

Hallway  co.^^    coudition  that  said  company  shall  first  abandon,  in  such  form 

as  shall  be  prescribed  by  the  Mayor,  all  right  which  they  now 

have,  under  their  charter  or  existing  ordinances,  to  lay  down 


Kailboads.  741 

Article  XL. — Ordinances. 


tracks  on  Lombard  street,  between  Exeter  and  South  streets, 
and  upon  Exeter  street,  between  Pratt  and  Lombard  streets ; 
and  upon  the  further  condition  that  said  Baltimore  City  Pas- 
senger Railway  Company  shall,  whenever  the  railroad  men- 
tioned in  the  preceding  section  shall  be  constructed,  issue  to 
passengers  riding  on  the  cars  of  said  Baltimore  City  Passenger 
Railway  Company,  running  from  the  depot  of  the  Philadel- 
phia, Wilmington  and  Baltimore  Railroad,  transfer  tickets  to  Trauifer  tickets 
the  cars  of  said  Patterson  Park  and  Lafayette  Square  railroad, 
[now  called  Citizens'  Railway  Company,]  at  the  corner  of 
Albemarle  and  Lombard  streets,  and  shall  also  receive  into 
their  cars,  at  the  same  point,  passengers  from  the  cars  of  said 
Patterson  Park  and  Lafayette  Square  railway  ;  and  the  terms 
upon  which  such  transfer  tickets  shall  be  issued  shall  be  de- 
termined by  the  Mayor  and  City  Council  of  Baltimore,  in  case 
said  terms  cannot  be  arranged  satisfactorily  between  the  pro- 
prietors of  said  two  railway  companies. 

54.  The  said  company  is  hereby  authorized  and  empowered  No.  3,  Nov.  29, 
to  lay  a  double  track  of  their  railways  on  Eutaw  and  Camden  Tracks  to  cam- 

,  J    -n  '^^'^  station. 

streets,  from  the  corner  of  Baltimore  and  Eutaw  streets  to 
Camden  station. 

55.  The  said  company  is  hereby  authorized  and  directed  to  No.  4,  Nov.  is, 
place  a  railway  switch  on  Eutaw  street,  between  Fayette  and  Railway  switch 

,  .      ■  o^  Eutaw  street 

Baltimore  streets,  the  work  to  be  done  under  the  supervision 
and  with  the  approval  of  the  City  Commissioner. 

56.  The  said  company  is  hereby  authorized  and  empowered  No.  88,  July  5, 
to  lay  tracks  of  their  railways  on  Bank  street,  from  its  inter-  Additional 

tracks. 

section  with  Ann  street  to  Chester  street,  and  on  Chester 
street,*  Canton  avenue  and  Essex  streets,  so  as  to  join  the 
Madison  avenue  and  Broadway  line,  directly  with  the  Canton 

*  By  Ordinance  No.  147,  Oct.  9,  1875,  the  company  was  authorized  to 
remove  its  tracks  from  Chester  street  and  Canton  avenue,  and  from  Essex 
street,  between  Canton  avenue  and  Gist  street. 


742  Eatlboads. 

Article  XL. — Ordinances. 


line,  and  enable  the  company  to  run  a  line  of  cars,  giving 
direct  connection  between  the  central  and  the  extreme  s  >ith- 
eastern  portion  of  the  city. 

No.  147,  Oct.  9,  ^fj^  The  said  company  is  hereby  authorized  and  em- 
canfon'^^^^' '°  powcred  to  lay  tracks  of  their  railways  on  Bank  street  to 
Gist  street  at  Patterson  Park,  and  down  Grist  street  to  Essex 
Ibid,  s.  2.  street,  connecting  at  Essex  street  with  its  lines  to  Canton; 
Proviso.  provided  the  said  company  will  offer  no  obstruction  to  the 

nfintf'^  ^*^*"    spaces  between  the  railway  tracks  on  Baltimore  street  being 
~  paved  with  Belgian  pavement. 

Subject  to  rules,  53  The  Said  company  in  the  construction  of  the  tracks 
authorized  by  the  ordinances  hereinbefore  contained,  and 
the  running  of  its  passenger  cars  thereon,  shall  in  all  re- 
spects be  governed  by,  and  subject  to,  the  rules  and  regula- 
tions prescribed  by  the  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  and  especially  Ordinance  No.  44,  March 
28,  1859,  under  which  the  said  company  was  empowered  to  lay 
down  and  operate  their  lines  of  railways. 

Incokporation  op  Baltimore  Passenger  Railway  Company.  — 
1861-62,  c.  71,  enacted  inter  alia,  that:  1.  Henry  Tyson,  John  W.  Walker. 
William  Chesnut,  John  W.  Randolph,  Conrad  S.  Grove,  Jonathan  Brock, 
and  Albert  W.  Markley,  and  others,  their  associates,  assignees  of  all  the 
rights,  powers  and  privileges  granted  to  William  H.  Travers,  William  S. 
Browning,  William  D'Goey,  Robert  Cathcart  and  Joshua  B.  Sumwalt,  and 
their  associates  and  assigns,  by  an  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore,  approved  on  or  about  the  twenty-eighth  of  March,  eighteen 
hundred  and  fifty-nine,  are  incorporated  by  the  name  and  style  of  the  Balti- 
more City  Passenger  Railway  Company,  and  by  that  name  shall  have  per- 
petual succession,  and  be  capable  to  sue  and  be  sued,  to  make  and  use  a 
common  seal,  to  make  and  pass  by-laws,  to  acquire  and  hold  all  necessary 
real  estate,  and  in  general  to  have  and  exercise  all  such  other  corporate 
powers  and  faculties  as  may  be  necessary  and  proper  to  effectuate  the  pur- 
pose of  this  Act. 

2.  That  the  corporation  by  this  Act  created  is  hereby  vested  with  all  the 
rights,  powers  and  privileges  given  and  granted  by  the  ordinance  before 
mentioned,  to  be  by  the  said  corporation  held,  enjoyed  and  exercised  in 
manner  and  form,  and  upon  the  terms  and  conditions,  and  subject  to  the 


Kailboads.  743 

Article  XL. — Ordinances. 


CITIZENS'  RAILWAY  COMPANY. 

59.     By  ordinance  No.  70,  July  9,  1868,  the  persons  named  No.  ro,  s.  i, 
therein  and  others  were  authorized  and  empowered  to  lay  a  Authority  to 

,  lay  railway  on 

double  track  of  city  passenger  iron  railways,  commencing  on  certain  streets. 

restrictions  and  limitations  therein  contained,  except  where  the  provisions 
of  said  ordinance  may  be  inconsistent  with  this  Act  or  any  part  thereof; 
and  upon  the  acceptance  of  this  Act  by  the  said  Henry  Tyson,  John  W- 
"Walker,  William  Chesnut,  .John  W.  Randolph,  Conrad  S.  Grove,  Jonathan 
Brock  and  Albert  W.  Markley,  and  others,  their  associates,  all  railways, 
railway  cars,  horses,  and  other  property  of  every  description,  real,  personal 
and  mixed,  acquired  and  held  by  them  for  the  purposes  mentioned  in,  and 
to  carry  out  the  provisions  of  the  aforesaid  ordinance,  shall  be,  and  they  are 
hereby,  vested  in  said  corporation. 

3.  That  the  corporation  hereby  created  is  also  vested  with  all  necessary 
power  and  authority  to  lay  down  and  construct,  and  to  use  and  operate 
passenger  railways  in  any  street  or  streets  in  the  city  of  Baltimore,  other 
than  those  named  in  the  said  ordinance,  with  the  consent  of  the  Mayor  and 
City  Council  of  Baltimore,  and  with  the  restrictions  and  limitations,  and 
upon  the  terms  and  conditions  in  the  said  ordinance  mentioned ;  provided, 
that  the  said  Mayor  and  City  Council  shall  have  the  privilege,  within  two 
years  after  the  expiration  of  fifteen  years  from  the  date  of  the  passage  of  said 
ordinance,  to  purchase  and  buy  out  the  said  corporation,  and  all  its  property 
and  franchises,  whether  originally  conceded  by  the  ordinance  aforesaid,  or 
granted  by  this  Act,  for  and  at  a  fair  and  equitable  consideration  or  value 
and  in  case  of  a  disagreement  as  to  the  said  value  and  consideration,  the 
Mayor  and  City  Council  aforesaid  shall  appoint  one  referee,  and  the  corpo- 
ration hereby  ci'cated  shall  appoint  another  referee,  who,  in  event  of  dis- 
agreement, shall  appoint  an  umpire,  the  decision  of  whom  shall  be  final  as 
to  the  price  to  be  paid  as  aforesaid ;  and  provided  further,  that  if  tlie  said 
Mayor  and  City  Council  of  Baltimore  shall  decline  or  neglect  to  give  notice 
to  the  said  corporation  of  their  intention  to  make  said  purchase  within  the 
aforesaid  two  years,  then  the  grants  and  privileges  held  and  enjoyed  by  said 
corporation  shall  continue  to  belong  to  it  for  fifteen  years  longer  from  the 
expiration  of  said  original  fifteen  years,  subject  to  all  the  terms  and  con- 
ditions imposed  and  recognized  by  this  Act,  and  continuable  thereafter  in 
like  manner  from  time  to  time  as  aforesaid,  upon  the  said  terms  and  con- 
ditions. 

4.  That  the  corporation  hereby  created  is  hereby  required  to  pay  over  to 
the  Register  of  the  City  of  Baltimore  the  one-fifth  portion  (see.Reduction  of 
Tax,  ordinances,  sees.  103-106,)  of  the  whole  passenger  receipts  of  this  corpo- 
ration, at  or  before  the  stated  periods  named  in  the  aforesaid  recited  ordi- 
nance of  the  city  of  Baltimore ;  in  default  of  which  payments,  on  or  before 


744  Railroads. 

Article  XL. — Ordinances. 


Gough  street  at  Patterson  Park,  and  running  thence  westerly  on 
Gough  street  to  Ann  street;  thence  northerly  along  Ann  street 
to  Pratt  street ;  thence  westerly  along  Pratt  street  to  Albe- 
marle street ;  thence  northerly  along  Albemarle  street  to 
Lombard   street;  thence   westerly  along  Lombard   street   to 


the  days  appointed  therefor,  this  corporation  shall  be  liable  to  the  penalty  of 
one  hundred  dollars  for  each  day  of  the  continuance  of  such  default,  after 
ten  days  after  the  expiration  of  each  quarter,  to  be  recovered  by  the  said 
city  of  Baltimore  according  to  law ;  provided  further,  that  the  said  corpo- 
ration shall  be  subject  to  such  police  regulations  as  the  Mayor  and  City 
Council  of  Baltimore  may  hereafter,  from  time  to  time,  enact  by  ordinance 
for  the  government  of  their  conduct  in  the  performance  of  their  duties  under 
this  law ;  and  provided  also,  that  said  corporation  hereby  created  shall  pro- 
vide books,  in  which  shall  be  entered  by  a  treasurer,  under  oath,  the  weekly 
receipts  of  said  company,  and  that  said  books  shall  be  open  to  the  inspec- 
tion of  the  Mayor  and  City  Council  of  Baltimore. 

9.  That  this  Act  shall  go  into  operation  immediately  after  the  passage 
thereof,  (Feb.  13, 1862,)  and  after  the  said  Henry  Tyson,  John  W.  Walker, 
William  Chesnut,  John  W.  Randolph,  Conrad  S.  Grove,  Jonathan  Brock 
and  Albert  W.  Markley,  and  others,  their  associates,  or  their  attorneys  or 
agents,  shall  declare  their  acceptance  thereof  by  writing  under  their  hands 
or  the  hands  of  their  attorneys  or  agents,  to  be  executed  in  duplicate,  and 
shall  file  one  of  the  said  duplicates  with  the  clerk  of  the  Superior  Court  of 
Baltimore  City,  for  enrolment  among  the  land  records  of  said  city,  and 
deliver  the  other  to  the  Eegister  of  the  City  of  Baltimore. 

11.  That  the  said  company  shall  forfeit  and  lose  all  the  rights  and  fran- 
chises granted  by  this  Act,  unless  the  said  company  shall  build,  equip  and 
stock,  and  run  their  cars  upon,  in  accordance  with  the  ordinance  aforesaid, 
the  track  to  be  laid  from  the  intersection  of  Baltimore  street  and  North 
street,  out  North  to  Lexington,  along  Lexington  to  Calvert,  along  Calvert  to 
Read,  along  Read  to  Charles,  and  out  Charles  street  to  the  city  limits — the 
same  to  be  continued  and  in  full  running  order  on  or  before  January  1, 1863. 

13.  That  the  General  Assembly  hereby  expressly  reserves  the  power  at  all 
times  to  repeal,  alter  or  amend  this  charter. 

The  Act  of  1864,  c.  170,  recites  that:  the  Act  of  1861-62,  c.  71,  granted  to 
the  Baltimore  City  Passenger  Railway  Company,  under  the  provisions  of  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  the  right  to  receive  the 
sum  of  five  cents  for  transporting  each  passenger  from  any  one  part  of  the 
city  of  Baltimore  to  any  other  part  on  the  line  of  their  railways;  the  said 
ordinance  further  providing  that  one-fifth  (see  Reduction  of  Tax,  ordinances, 
sees.  103-106,)  of  the  receipts  of  the  said  company  from  passengers  shall  bo 
paid  to  the  Register  of  the  City  of  Baltimore,  t<.)  be  applied  to  the  purchase, 
location  and  improvement  of  such  parks  as  may  be  determined  upon,  for  the 


Railboads.  745 

Article  XL. — Ordinances. 


Exchange  Place ;  thence  a  single  track  westerly  along  Lombard 
street  to  Charles  street ;  thence  still  on  LotMbard  street  a  double 
track  to  Fremont  street;  thence  northwesterly  on  Fremont 
street  to  Lexington  street ;  thence  westerly  along  Lexington 
street  to  Republican  street ;  thence  northerly  on  Republican 


benefit  of  tiie  people  of  said  city;  and  that  it  has  been  shown  by  the 
president  and  directors  of  the  Baltimore  City  Passenger  liailway  Con)i)any 
that  Willi  the  utmost  economy  they  have  been  able  to  introduce  into  their 
management,  tlie  present  rate  of  fare  is  inadequate  t<j  pay  the  cost  of  work- 
ing their  railways,  and  for  keeping  tlie  track  and  equipment  thereof  in 
proper  condition ;  and  that  the  said  company,  after  complying  with  the 
requirements  of  the  act  of  incorporation,  and  having  paid  one-fifth  of  their 
receipts  from  passengers  to  the  Register  of  the  City  of  Baltimore,  and  after 
an  entirely  unremunerative  service  of  over  four  years,  find  themselves 
further  embarrassed  by  the  unprecedented  advance  in  the  price  of  labor  and 
material ;  therefore  it  enacts  that  the  Baltimore  City  Passenger  Railway 
Company  is  authorized  and  empowered  to  charge  and  collect  six  cents  fare 
from  each  passenger  passing  from  any  one  part  of  the  city  of  Baltimore  to 
any  other  part  on  the  line  of  their  railways,  without  charge  for  transfer 
tickets,  and  one-fifth  of  the  gross  receipts  from  passengers  to  be  paid  to  the 
Register  of  tlie  City  of  Baltimore,  as  provided  for  by  the  ordinance  of  the 
Mayor  and  City  Council  of  said  city. 

1865,  c.  100,  recites  that:  in  consequence  of  the  further  and  extraordinary 
increase  in  the  cost  of  labor  and  materials,  it  has  become  necessary  that  the 
Baltimore  City  Passenger  Railway  Company  siiouid  have  more  eff"ectual 
relief  than  was  sought  to  be  provided  by  the  Act  of  1864,  c.  170 ;  and  that 
it  is  not  deemed  expedient,  having  due  regard  either  for  the  interest  and 
convenience  of  the  public,  or  the  welfare  of  the  said  company,  that  the  rate 
of  I'are  for  a  single  passenger  in  the  same  car  should  be  increased  beyond  six 
cents ;  it  then  enacts : 

1.  That  the  Baltimore  City  Passenger  Railway  Company  is  authorized 
and  empowered  to  charge  and  collect  six  cents  from  each  passenger  passing 
from  any  part  of  the  city  of  Baltimore  to  any  other  part,  in  any  line  of  their 
railways,  with  a  charge  for  transfer  tickets  of  four  cents ;  and  one-fifth  of 
the  gross  receipts  from  passengers  to  be  paid  to  the  Register  of  the  City  of 
Baltimore,  as  provided  for  by  the  ordinance  of  the  Mayor  and  City  Council 
of  said  city. 

2.  That  the  said  Act  of  1864,  c.  170,  and  so  much  of  the  Act  of  1861-63,  c. 
71,  to  which  this  is  a  supplement,  as  are  inconsistent  with  the  provisions  of 
this  Act,  arc  hereby  repealed. 

3.  That  the  said  railroad  company  shall  be  and  is  compelled  to  run  not 


746  Kailboads. 

Article  XL. — Ordinances. 


street  to  Mosher  street ;  thence  easterly  along  Mosher  street  to 
Oregon  street ;  thence  northerly  along  Oregon  street  to  Fremont 
street;  thence  northwesterly  along  Fremont  street  to  Presstman 
street;  thence  easterly  along  Presstman  street  to  Division  street; 
thence  northwesterly  along  Division  street  to  Northern  Boun- 

less  than  four  cars  from  the  end  of  the  line  on  Thames  street,  to  the  end  of 
the  line  at  Canton. 

4.  That  the  General  Assembly  hereby  expressly  reserves  the  power  at  all 
times  to  repeal,  alter  or  amend  this  Act. 

As  to  Sunday  cars,  see  Twte,  p.  733,  ante. 

Note. — The  assignees  of  certain  street  railway  franchises  entered  into 
articles  of  association,  in  contemplation  of  incorporation,  wherein  it  was  pro- 
vided, inte7'  alia,  that  the  beneficial  interest  in  the  properties,  rights  and  fran- 
chises of  the  association  should  be  divided  into  a  fixed  number  of  shares,  at 
a  certain  par  value,  transferable  only  on  the  books  of  the  association.  By 
the  terms  of  the  act  of  incorporation  the  associates  became  entitled  to  the 
stock  of  the  company  so  formed,  in  proportion  to  their  respective  interests  in 
the  association,  to  be  ascertained  at  the  time  of  acceptance  of  the  charter. 
One  of  the  associates  assigned  certain  of  his  shares  before  the  incorporation, 
and  his  assignees  having  brought  suit  against  the  corporation  for  its  refusal 
to  issue  to  them  certificates  of  stock  in  lieu  of  their  shares,  it  was  held : 

1st.  That  the  right  of  an  associate  or  his  assignee  to  sue  for  such  refusal 
does  not  diflS'er  in  principle  from  that  of  an  ordinary  assignee  of  stock. 

2d.  That  the  transfer  from  the  assignor,  although  not  made  on  the  books 
of  the  association,  passed  his  title  and  interest  in  the  shares  to  the  assignees, 
and  they  became  thereby  entitled  to  the  stock  of  the  corporation. 

3d.  That  the  shares  thus  assigned  were  personal  property,  the  title  to 
which  would  pass  by  transfer  and  delivery. 

4th.  That  the  assignees  could,  in  their  own  names,  maintain  an  action  for 
the  refusal  to  deliver  the  stock. 

5th.  That  where  the  declaration  avers  an  assignment  under  seal,  accom- 
panied by  a  delivery  of  the  certificates  of  stock,  the  court  will ,  on  motion  in 
arrest  of  judgment,  presume  that  the  assignment  was  made  for  a  bona  fide 
consideration,  and  that  the  jury  so  found. 

6th.  That  a  failure  to  ascertain  the  interest  of  the  associate  or  his  transferee 
at  the  time  of  the  acceptance  of  the  charter  could  not  aff"ect  the  right  of 
either  to  the  stock  of  the  company  in  lieu  of  their  shares. 

7th.  That  defences  based  on  the  ground  of  issual  of  stock  to  the  assignor 
prior  to  notice  and  demand  by  his  assignee,  or  of  indebtedness  of  the  assignor 
to  the  association,  should  have  been  made  at  the  trial  below. 

In  an  action  at  law  against  a  corporation  for  refusing  to  issue  or  transfer 


I 


Railroads.  747 

Article  XL. — Ordinances. 


darj  avenue.  And  they  are  further  hereby  authorized  and  em- 
powered to  construct  and  lay  down  asinfyle  track  or  iron  railway, 
commencing  where  the  aforesaid  double  track  on  Pratt  street 
connects  with  the  aforesaid  double  track  on  Albemarle  street, 
to  a  point  on  said  Albemarle  street  opposite  to  where  the  depot 

stock,  the  plaintiff  may  claim  in  the  same  suit  the  value  of  the  stock,  to- 
gether with  the  dividends  due  thereon,  and  in  such  a  case  the  measure  of 
damages  is  the  value  of  the  stock  at  the  time  of  the  demand,  together  with 
the  dividends  accrued  thereon  at  that  time,  with  interest,  to  the  day  of  trial. 
Baltimore  City  Passenger  Railway  Company  v.  SeiceU,  35  Md.  238 ;  37  Md. 
443. 

Where  the  plaintiff  was  injured  by  one  of  the  Baltimore  City  Passenger 
Railway  cars,  which  at  the  time  was  running  at  a  greater  speed  than  was  al- 
lowable under  a  city  ordinance,  (see  sec.  82,  p.  734,)  it  was  held :  that  the 
passenger  railway  was  guilty  of  negligence,  if  the  accident  could  have  been 
avoided  had  the  car  not  been  running  at  a  prohibited  rate  of  speed.  BaUi- 
rrwre  City  Passenger  Railway  v.  McDonnell,  43  Md.  535. 

In  a  large,  populous  city,  where  all  descriptions  of  vehicles  are  constantly 
passing  and  repassing,  as  well  as  persons  on  foot,  including  the  aged  and 
infirm,  and  children,  who  are  young,  and  wanting  in  prudence  and  dis- 
cretion, it  is  the  duty  of  drivers  of  cars,  not  only  to  see  that  the  railway 
track  is  clear,  but  also  to  exercise  a  constant  watchfulness  for  persons  who 
may  be  apj)roaching  the  track.    IMd. 

The  plaintiff  who  was  returning  from  market,  accompanied  by  his  wife, 
ran  forward  with  his  market  basket  on  his  arm  and  called  to  the  driver  of  a 
street  car,  who  stopped  the  car;  the  plaintiff  got  upon  the  front  platform, 
placed  his  basket  thereon,  and  asked  the  driver  to  be  so  kind  as  to  take  it,  to 
which  the  driver  assented ;  the  car  started  immediately,  and  the  plaintiff 
was  thrown  off,  (or  fell  in  the  act  of  descending,)  and  was  injured.  The 
plaintiff  himself  never  meant  to  be  a  passenger,  but  evidence  was  given 
that  his  wife  did  intend  to  ride  in  the  car;  this  intention,  however,  on  her 
part  was  not  manifested  in  any  manner  to  the  driver,  nor  did  the  plaintiff 
communicate  his  own  purpose  not  to  ride.  Held  :  a  regulation  of  the  City 
Passenger  Railway  Company,  prohibiting  passengers  from  getting  on  or  off 
at  the  front  end  of  any  car,  and  requiring  them  to  enter  and  descend  by  the 
rear  platform  only,  is  a  reasonable  regulation,  and  knowingly  to  violate  it, 
without  the  compulsion  of  some  existing  necessity,  is  conclusive  evidence  of 
negligence  on  the  part  of  the  passenger;  so  that,  should  he  sustain  an  injury 
in  consequence  thereof,  he  will  have  no  right  of  action  against  the  company, 
notwithstanding  the  driver  may  also  have  been  negligent. 

The  circumstance  that  a  driver  or  conductor  may  have  given  permission 
thus  to  use  the  front  platform,  is  immaterial ;  for  the  company  cannot  be 


748  Railroads. 

Article  XL. — Ordinances. 


buildings  of  the  Philadelphia,  Wilrniugton  and  Baltimore 
Railroad  Company  now  stand,  for  the  purpose  of  running  on 
said  single  and  double  track  or  railways,  passenger  cars  to  be 
drawn  by  horse  power.* 


bound  by  the  act  of  their  servant  in  attempting  to  dispense  with  a  known 
and  positive  regulation. 

The  obligation  of  a  railway  company  for  the  safe  carriage  of  passengers, 
rests  upon  contract,  and  while  the  law  casts  certain  duties  upon  the  com- 
pany, there  is  a  co-relative  obligation  upon  the  passenger  to  observe  the 
reasonable  regulations  of  the  company  in  entering  and  leaving  the  cars,  and 
for  the  consequences  of  a  breach  thereof,  the  company  is  not  responsible. 
In  such  case,  the  question  of  negligence  on  the  part  of  the  passenger  is  a 
legal  question  for  the  court  to  decide — unlike  the  case  where  the  facts  from 
negligence  is  to  be  inferred  are  controverted,  or  are  numerous  and  compli- 
cated, and  where  no  certain  legal  rule  or  standard  can  be  laid  down,  and 
where,  therefore,  the  question  of  negligence  is  necessarily  to  be  submitted  to 
the  jury;  and  where  there  is  thus  evidence  of  a  breach  of  legal  duty  on  the 
part  of  the  lilaintiflf  causing  the  accident,  and  constituting  negligence  in 
law  on  his  part,  it  is  error  to  refuse  specific  instructions  on  the  subject,  even 
although  the  jury  are  correctly  instructed  in  general  terms  as  to  the  doctrine 
of  contributory  negligence.  And  here,  the  legal  duty  imposed  upon  the 
plaintiff  was  clear  and  well  defined,  and  the  failure  on  his  part  to  perform 
it,  if  found  by  the  jury,  would  constitute  negligence  in  law,  which  would 
debar  him  from  the  right  to  recover. 

The  fact  that  a  legible  notice  of  such  regulation  was  put  up  inside  of  all 
the  cars,  and  the  fact  that  the  plaintifi"  had  often  previously  ridden  in  the 
cars,  are  competent  evidence  that  he  had  knowledge  of  its  existence. 

There  being  no  evidence  in  the  cause  that  the  driver  had  any  knowledge 
of  the  purpose  of  the  plaintifl''s  wife  to  get  on  the  car  as  passenger,  nor  any 
evidence  to  charge  the  defendant  by  reason  of  such  purpose  or  intention  on 
his  part,  a  prayer  that  there  was  no  evidence  from  which  the  defendant 
could  be  charged  with  any  responsibilty,  on  the  ground  that  the  plaintiflPs 
wife  was  to  become  a  passenger  on  the  car  in  question,  ought  to  have  been 
granted. 

If  an  accident  occur  in  consequence  of  violating  a  regulation  of  the  com- 
pany, which  prohibits  the  conveyance  of  baskets  or  parcels  unaccompanied 
by  a  passenger,  the  person  participating  in  such  violation,  and  so  sustaining 
injury,  will  be  debarred  from  recovering  therefor,  if  it  be  shown  that  he  had 
knowledge  of  such  regulation.    B.  C  P.  R.  Co.  v.  Wilkinson,  30  Md.  224. 

*  So  much  of  the  above  section  as  conflicts  with  Ordinance  No.  27,  Mar.  30, 
'70,  on  p.  740,  ante,  is  repealed  by  said  ordinance. 


Raileoads.  749 

Article  XL. — Ordinances. 


60.  The  said  railway  shall  be  built  under  the  supervision  iwa,  s.  2. 
of  the  City  Commissioner,  and  the  rails  shall  be  of  the  most  How  to  be 

•^  built. 

improved  pattern,  and  the  said  tracks  in  their  gauge  to  be  the 
same  as  that  of  the  Baltimore  City  Passenger  Railway,  and 
to  be  so  constructed  and  laid  down  as  not  to  obstruct  or  im- 
pede the  free  flow  of  water  across  the  streets  or  down  the 
gutters  thereof. 

61.  In  laying  down  said  railways,  the  proprietors  thereof  ibid,  s.  3. 
shall  conform  to  the  grades  of  the  several   streets  used   by  Grades  or 

.    "  streets. 

them,  as  the  same  are  now  or  may  hereafter  be  established  by 
law ;  and  further,  that  no  street  vehicle  shall  be  permitted  to 
use  said  railways  for  the  purpose  of  carrying  passengers  for 
pay  or  hire. 

62.  The  cars  running  upon  said  railways  shall  not  remain  ibid,8.4. 
standing  on  the  line  of  their  routes  for  passengers,  but  shall  be  cars  not  to  re- 

1  •  11       1  T  1       •  1  •    1  •"*'"  standing. 

subject  to  all  the  police  regulations  which  are  now  or  may  Poiice  reguia- 
hereafter  be  contained  in  the  ordinances  of  the  city  in  regard 
to  railway  cars  or  other  vehicles,  so  far  as  the  said  regulations 
may  be  applicable  thereto ;  and  further,  the  price  for  transport- 
ing passengers  from  any  one  part  of  the  city  to  any  other,  on 
the  line  of  these  railways,  shall  not  exceed  the  sum  of  seven  Fare  not  to  ex- 

ceed  seven 

cents  per  passenger,  and  the  sum  of  twenty  dollars  [now  five]  cents, 
shall  be  paid  annually  upon  each  car  running  regularly  on  said  License, 
railways,  as  license  money  therefor  to  the  City  Comptroller. 

63.  The  grantees  aforesaid,  their  associates  or  assigns,  shall,  iwd,  s.  5. 
after  the  passage  of  this  ordinance,  cause  a  book  to  be  opened  opening  of 

'^  ^  '  *^  stock  books. 

in  this  city  for  the  purpose  of  receiving  subscriptions  to  the 
capital  stock  of  said  city  railways,  and  the  subscriptions  to  the 
same,  from  such  persons  as  may  wish  in  their  own  right  to  be- 
come stockholders  therein  ;  and  the  said  books  shall  be  opened 
for  this  purpose  within  ninety  days  from  the  passage  of  this 
ordinance  and  its  approval  by  the  Mayor,  and  shall  be  kept 
open  for  five  days,  and  said  grantees  shall  give  notice  of  the 


750  Kailroads. 

Article  XL. — Ordinances. 


time  and  place  of  opening  said  books,  in  at  least  three  of  the 
daily  newspapers  of  this  city,  ten  days  previous  thereto. 

Ibid,  s.  6.  64.     If  the  aforesaid  grantees,  their  associates   or   assigns, 

If  incorporated,  shall  hereafter  become  incorporated,  the  rights  and  privileges 
granted  to  them  by  virtue  of  this  ordinance  shall  extend  to 
such  corporation  upon  the  conditions  herein  prescribed. 

Ibid,  s  7.  65.     The  owners  and  proprietors  of  said  railways  shall  keep 

streets  to  be      the  strccts  covcrcd  by  said  tracks,  and  extending  two  feet  on 

kept  in  repair.  t.  c      •  ^  •  i         n        •  ^  i-i 

the  out  limits  oi  either  side  ot  said  tracks,  in  thorough  repair, 
Snow,  &c.  at  their  own  expense,  and  shall  free  the  same  from  snow  or 
other  obstructions,  and  in  doing  which  they  shall  not  cause 
to  be  obstructed  the  other  portions  of  the  streets  on  other  side 
of  the  said  railway  track,  and  for  the  non-compliance  here- 
with, the  Mayor  and  City  Council  may  impose  such  reasonable 
fines,  not  exceeding  twenty  dollars  per  square,  to  be  collected 
as  other  fines  are  now  collected. 

Ibid,  s.  8.  QQ,     The  aforesaid  grantees,  by  their  treasurer,  under  oath. 

What  part  of  re- shall  pay  iuto  the  hands  of  the  City  Register,  quarterly,  one- 

C6iptS  to  irtirK 

fund.  fifth  of  the  gross  receipts  [now  twelve  per  centum]  accruing 

from  the  passenger  travel  upon  said  roads,  dr  any  extension 
thereof,  which  may  be  determined  upon  hereafter,  the  same  to 
be  used  and  applied  to  the  park  fund,  as  is  now  paid  by  other 
passenger  railway  companies. 

Ibid,  s.  9.  67.     The  parties  hereby  empowered  to  construct  the  passen- 

To  give  bond,  ger  railways  aforesaid,  shall  give  bond  and  security  to  the 
Mayor  and  City  Comptroller  in  the  sum  of  fifty  thousand  dol- 
lars, for  the  faithful  performance  of  all  the  obligations  and 
liabilities  contained  in  this  ordinance. 

Ibid,  s.  10.  68.     The  parties  herein  named  shall  not  be  required  to  lay 

streets.  dowu  tlic  railways  aforesaid  upon  any  of  the  streets  herein- 

before named,  until  the  same  shall  have  been  graded  and 
paved. 


Railroads.  751 

Article  XL. — Ordinances. 


69.  If  the  grantees  shall  deem  it  expedient,  in  consequence  iMd.s.  n. 
of  the  narrowness  of  any  street  or  streets  upon  which  double  Double  or  sm- 

•^  '  _         gle  tracks. 

tracks  of  railways  are  authorized  to  be  laid,  to  dispense  with 
the  use  of  one  track,  then  it  shall  and  may  be  lawful  for  them 
to  do  so ;  provided,  the  City  Commissioner  shall  approve  such  Proriso. 
change. 

70.  The  Citizens'  Railway  Company  of  Baltimore  is  here-  ^°;^'^^^^^ 
by   authorized    to   lay  city  passenger  iron    railway  tracks  in  Addinonai 
the  following  streets,  in  addition  to  those  mentioned  in  the  or- 
dinance to  which  this  a  supplement,  that  is  to  say :  in  South 

street,  from  Lombard  street  to  Baltimore  street,  and  in  North 
street,  from  Baltimore  to  Fayette  streets,  along  Fayette  street* 
from  North  street  to  Carey  street,  along  Carey  street  from 
Fayette  street  to  Lafayette  avenue,  along  Lafayette  avenue 
from  Republican  street  to  Gilmor  street,t  along  Gilmor  street 
from  Lafayette  avenue  to  Cumberland  street,  and  along  Cum- 
perland  street  to  the  Northern  avenue,  along  Republican  street 
from  Fayette  street  to  Lexington  street,  along  Paca  street  from 
Fayette  street  to  Camden  street,  and  along  Camden  street 
from  Paca  street  to  Eutaw  street,  and  along  Eutaw  street  to 
Lombard  street ;  provided,  however,  that  only  a  single  track  Proviso, 
shall  be  laid  in  the  following  of  the  above  enumerated  streets, 
that  is  to  say:  in  Fayette  street,  between  North  and  Fremont 
streets,  and  in  North  street. 


*  By  resolution  No.  307,  Sept.  26,  1876,  the  City  Commissioner  was  directed 
to  liave  the  switch-track  on  Fayette  street,  near  Eutaw  street,  removed,  at 
the  expense  of  the  Citizens'  Railway  Company,  and  that  permission  be 
granted  to  said  Company  to  lay  down  a  switch-track  at  the  point  above 
mentioned,  provided  it  be  constructed  of  steel  groove  rails,  laid  in  such 
manner  as  not  to  interfere  with  the  grade  of  the  street. 

t  By  ordinance  No.  2,  Nov.  17,  '74,  the  company  was  authorized  to  re- 
move one  of  its  tracks  on  Lafayette  avenue  between  Republican  and  Gilmor 
streets,  so  that  there  shall  be  only  a  single  track  on  the  bed  of  said  avenue 
between  the  streets  aforesaid. 


m 


llAItKOAlJS. 


Article  XL. — Ordinances. 


Ibid,  s.  2. 
Ordinances. 


71.  The  said  track  shall  in  all  respects  be  laid  on  the  streets 
mentioned  in  the  preceding  section,  and  the  cars  run  on  said 
streets  subject  to  all  the  provisions  and  regulations  prescribed 
in  the  ordinance  to  which  this  is  a  supplement. 

Ibid,  s.  3.  72.     The  tracks  shall  be  laid  down  and  completed  before 

Completion  of    September,  1871,  in  all  the  streets  enumerated  in  this  ordi- 
nance,  and  the  ordinance  to  which  this  is  a  supplement,  [p.  743, 
&c.,  ante,]  except  where  such  streets  may  not  be  graded  and 
paved  by  such  date,  otherwise  the  privileges  so  granted  shall  be 
Proviso.  revoked  and  cease  ;  provided,  however,  that  this  forfeiture  shall 

apply  only  to  those  streets  where  the  company  shall  have  failed 
to  lay  their  tracks  before  the  ti^ne  above  limited. 


No.  109,  June 
19,  '71. 
Additional 
tracks. 


No.  7,  Nov.  20, 
'71. 

Additional 
tracks. 


73.  The  said  company  is  hereby  authorized  to  lay  city  pas- 
senger iron  railway  tracks  in  the  following  streets,  in  addition 
to  those  mentioned  in  the  ordinance  to  which  this  is  a  supple- 
ment, [p.  743,  &c.,  ante,]  that  is  to  say :  beginning  for  the  same  at 
the  corner  of  Gist  and  Gough  streets,  thence  running  northerly 
along  Gist  street  to  Baltimore  street,  thence  westerly  on  Balti- 
more street  to  Ann  street,  thence  southerly  on  Ann  street  to 
Pratt  street,  thence  easterly  on  Pratt  street  to  Gist  street,  and 
on  Exeter  street  from  Lombard  street  to  Fayette  street,  on 
Fayette  street  from  Exeter  to  South  streets,  on  Carey  street 
from  Townsend  street  to  Mosher  street,  on  Mosher  street  from 
Park  to  Strieker  streets,  and  on  Strieker  street  to  Calhoun 
street,  and  on  Calhoun  street  to  the  city  limits ;  on  Baker 
street  from  Gilmor  to  Division  streets,  and  on  Division  street 
to  the  city  limits,  and  the  requirements  of  the  original 
ordinance,  in  relation  to  the  payment  of  the  one-fifth  [now 
twelve  per  centum]  of  the  passenger  receipts  to  the  park  fund, 
shall  be  applicable  to  the  receipts  in  the  routes  named  in  this 
supplement. 

74.  The  said  company  is  hereby  authorized  to  lay  city  pas- 
senger iron  railway  tracks  in  the  following  streets,  in  addition 
to  those  mentioned  in  the  ordinance  to  which  this  is  a  supple- 


Kailroads.  753 

Article  XL. — Ordinances. 


meDt,  [p.  743  ante,']  that  is  to  say :  on  Howard  street,  from 
Lombard  street  to  Fayette  street,  said  tracks  to  be  double 
along  the  line  of  said  street,  after  the  present  railroad  track 
is  removed  from  the  bed  of  the  street ;  provided,  that  in  the 
event  of  the  privilege  being  hereafter  granted  to  any  other 
company  to  run  a  railroad  along  Howard  street,  from  Fayette 
street  north,  the  said  company  shall,  if  so  expressed  in  the 
ordinance  giving  it  such  privilege,  pass  its  cars  to  and  fro  over 
the  line  of  the  Citizens'  Railway  Company  on  Howard  street, 
between  Fayette  and  Lombard  streets,  upon  paying  a  proper 
sum  to  said  Citizens'  Railway  Company,  to  be  determined  on 
by  the  City  Commissioner. 

75.  The  said  company  is  further  authorized  to  lay  a  double  ibid.a.  2. 
city  passenger  iron   railway  track  on    Fayette    street,  from  oouWe track. 
Fremont  to  Howard  streets,  and  the  said  tracks  shall  in  all  re- 
spects be  laid  on  the  streets  mentioned  in  this  ordinance,  and 

the  cars  run  on  said  streets,  subject  to  all  the  provisions  and 
regulations  prescribed  in  the  ordinance  to  which  this  is  a  sup-  ordinance*, 
plement ;  and   provided,  that   the  privileges  in    this  section  Proviso, 
granted  shall  in  no  manner  release  the  said  company  from  its 
obligation  to  run  its  cars  on  Lombard  street,  between  said 
Howard  and  Fremont  streets;  and  provided  further,  that  the 
cars  so  to  be  run  on  said  Lombard  street  shall  be  run  at  inter-  interval*  of 
vals  of  not  more  than  ten  minutes. 

76.  The  said  company  is  hereby  authorized  at  any  time  to  No.  2.  Nov.  17, 
lay  down  and  construct  for  use  and  travel  thereon  a  single  a  single  track 

.         1  «         .,  ,.   .  ...  .  ,         onMosheraud 

track  ot  railway  01  iron,  such  as  it  is  now  using  on  other  Republican 

...  .        .         streets,  &c. 

Streets  in  the  city  of  Baltimore,  on  Mosher  street,  beginning 
at  the  intersection  of  that  street  with  Gilmor  street  and  con- 
tinuing on  Mosher  street  to  Republican  street,  and  thence  on 
Republican  street  to  connect  with  the  track  of  said  company 
now  on  said  last  named  street,  where  it  is  intersected  by 
Lafayette  avenue. 


754 


Eailkoads. 


Article  XL. — Ordinances. 


Ibid,  s.  3. 

Track  to  be 
built  under  su- 
pervision of 
City  Comn&is- 
sioner. 


77.  Said  track  shall  be  built  under  the  supervision  of  the 
City  Commissioner,  and  in  laying  it  down  the  said  company 
shall  conform  to  the  grades  of  said  streets  on  which  the  same 
is  to  be  laid,  as  the  same  are  now  or  may  hereafter  be  con- 
structed, and  when  laid  and  ready  for  use,  it  shall  be  subject 
to  the  same  uses  by  said  company  as  its  other  tracks  now  are, 
and  subject  to  the  same  conditions,  limitations  and  reserva- 
tions as  contained  in  the  ordinance  to  which  this  is  a  supple- 
ment.    [P.  743  ante.] 


Incorporation  op  Citizens'  Railway  Company.— The  Act  of  1870,  c. 
438,  enacted,  inter  alia,  that : 

1.  Samuel  Snowden,  Jacob  Rice,  Matthew  B.  Sellers,  John  Richardson, 
Capt.  Geo.  A.  Coleman,  James  S.  Ilagerty,  Doctor  J.  J.  Moran,  Wm.  J. 
Hooper,  John  W.  Munson,  Andrew  J.  Myers,  Alfred  P.  Burt  and  others, 
their  associates,  by  an  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more, numbered  seventy,  approved  July  ninth,  eighteen  hundred  and  sixty- 
eight,  are  hereby  incorporated  by  the  name  and  style  of  the  Citizens'  Rail- 
way Company,  and  by  that  name  shall  have  perpetual  succession  and  be 
capable  to  sue  and  be  sued,  to  make  and  use  a  common  seal,  make  and  pass 
by-laws,  to  acquire  all  necessary  real  estate,  and  to  hold  the  same,  and  in 
general  to  have  and  exercise  all  such  other  corporate  powers  which  may  be 
necessary  and  proper  to  effectuate  the  objects  and  purposes  of  this  act. 

2.  The  corporation  by  this  act  created,  is  vested  with  all  the  rights, 
powers  and  privileges  given  and  granted  by  the  ordinance  before  mentioned, 
to  be  by  the  said  corporation  held,  enjoyed  and  exercised,  in  manner  and 
form,  and  upon  the  terms  and  conditions,  and  subject  to  the  restrictions  and 
limitations  therein  contained,  except  where  the  provisions  of  said  ordinance 
may  be  inconsistent  with  this  act  or  any  part  thereof. 

3.  The  corporation  hereby  created  is  also  vested  with  all  necessary 
power  and  authority  to  lay  down  and  construct,  to  use  and  operate  passen- 
ger railways  in  any  street  or  streets  in  the  city  of  Baltimore,  other  than 
those  named  in  the  ordinance  aforesaid,  with  the  consent  of  the  Mayor  and 
City  Council  of  Baltimore,  under  the  restrictions  and  limitations  in  said 
ordinance  contained  ;  provided,  nevertheless,  that  this  act  shall  not  be  con- 
strued to  grant  to  the  corporation  hereby  created,  the  right  or  privilege  to 
lay  down,  use  or  operate  in  any  street  or  streets  of  the  city  of  Baltimore,  in 
which  the  Mayor  and  City  Council  of  Baltimore  have  already  authorized 
the  construction  of  passenger  railways  by  other  companies,  except  with  the 
consent  of  such  companies;  and  provided  also,  that  the  said  Mayor  and  City  . 
Council  shall  have  the  privilege  within  two  years  after  the  expiration  of 
fifteen  years  from  the  date  of  the  passage  of  said  ordinance,  to  purchase 


Raileoads.  755 

Article  XL. — Ordinances. 


BALTIMORE,  PEABODY  HEIGHTS  AND  WAVERLY  RAILROAD. 

78.    By  Ordinance  No.  27,  March  28, 1872,  the  ])cr6ons  therein  No.  sr.  Mar.  as, 
named  and  others  were  authorized  and  empowered  to  lay  down  Tracka. 
and  construct  iron  railway  tracks,  single  or  double,  with  turn- 

and  buy  out  tlie  said  corporation,  and  all  its  property  and  franchises,  whether 
originally  conceded  by  the  ordinance  aforesaid  or  granted  by  this  act,  for  and 
at  a  fair  and  equitable  consideration  or  value,  and  in  case  of  a  disagreement 
as  to  said  value  and  consideration,  the  Mayor  and  City  Council  aforesaid 
shall  appoint  one  referee,  and  the  corporation  hereby  created  shall  appoint 
another  referee,  veho  in  event  of  disagreement  shall  appoint  an  umpire,  the 
decision  of  whom  shall  be  final  as  to  the  price  to  be  paid,  as  aforesaid  ;  and 
provided  further,  that  if  the  said  Mayor  ajid  City  Council  shall  decline  or 
neglect  to  make  such  purchase  within  the  aforesaid  two  years,  then  tlie 
grants  and  privileges  held  and  enjoyed  by  said  corporation  shall  continue  to 
belong  to  it  for  fifteen  years  longer  from  the  expiration  of  said  original  fifteen 
years,  subject  to  all  the  terms  and  conditions  imposed  and  recognized  by 
this  act,  and  continuable  thereafter  in  like  manner  from  time  to  time  as 
aforesaid,  upon  the  said  terms  and  conditions. 

7.  This  act  shall  take  effect  on  and  after  the  date  of  its  passage ;  provided, 
that  the  parties  herein  named,  or  a  majority  of  them,  shall,  within  sixty 
days,  signify  their  acceptance  thereof  in  writing,  said  acceptance  to  be  ac- 
knowledged before  some  justice  of  the  peace  of  the  State  of  Maryland  in 
and  for  the  city  of  Baltimore,  and  recorded  in  the  office  of  the  clerk  of  the 
Superior  Court  of  Baltimore  City. 

By  the  Act  of  1876,  c.  118,  this  company  was  authorized  to  increase  its 
capital  stock  from  three  hundred  thousand  to  a  sum  not  exceeding  five 
hundred  thousand  dollars  ;  provided,  the  said  company  shall  from  and  after 
the  passage  of  this  act  [March  33, 1876,]  run  all  its  cars  through  from  one 
terminus  of  the  road  to  the  other. 

Note. — A  bill  alleged  the  incorporation  of  certain  persons  by  the  name 
of  the  Citizens'  Railway  Company,  and  that  by  a  section  of  the  act  of  in- 
corporation it  was  provided  that  the  parties  named  in  the  act  should  choose 
from  their  number  a  president ;  and  the  remaining  incorporators,  or  a  ma- 
jority of  them,  should  act  as  a  board  of  directors  for  the  management  of  the 
affairs  of  the  company  until  the  first  general  meeting  of  the  stockholders ;  it 
further  alleged  that  a  majority  of  the  parties  named  in  the  act  accepted  the 
same  as  required,  and  books  of  subscription  to  the  capital  stock  were  for- 
mally opened,  which  contained  an  agreement  by  which  it  was  agreed  that 
the  parties  subscribing  would  take  the  number  of  shares  opposite  their  re- 
spective names;  that  the  capital  stock  of  the  company  should  not  be  more 
than  $300,000,  and  it  shojild  be  divided  into  shares  of  $20  each;  that  as 


756  Railroads. 

Article  XL. — Ordinances. 


tables  at  either  end,  as  hereinafter  specified,  and  of  the  gauge 
of  other  passenger  railways  now  in  use  in  the  city  of  Balti- 
more, and  to  run  passenger  cars  thereon,  to  be  drawn  by  horses 
through  and  on  the  following  named  streets:  That  is  to  say,  com- 
mencing on  German  street  at  the  west  line  of  South  street,  and 
with  a  double  track  on  German  street  to  Charles  street ;  and 
on  Charles  street  to  Saratoga  street ;  and  with  a  single  track  on 
Saratoga  street,  to  and  on  Park  street,  to  and  on  Franklin  street 
to  Howard  street,  and  on  Howard  street,  running  north  from 
Franklin  street  with  a  double  track  to  and  on  Park  avenue,  to 
and  on  Dolphin  street,  to  and  on  Bolton  street,  to  and  on  Mc- 
Mechen  street  to  the  northern  limits  of  the  city ;  also  with  a 
single  track  on  Howard  street  from  Franklin  street,  running 
south  to  Lexington  street,  and  on  Lexington  street  to  Charles, 
to  connect  with  the  double  track  on  Charles  street ;  also  with 
a  double  or  single  track  on  Townsend  street,  from  Bolton  street 
to  John  street,  and  thence  on  John  street,  to  the  northern  lim- 
its of  the  city,  under  the  name  and  style  of  the  Park  Railway 
Company. 

soon  as  two  thousand  shares  sliould  be  subscribed,  eacli  subscriber  would 
pay  $5  per  share,  at  the  office  of  the  treasurer.  The  bill  further  charged 
that  the  complainants  subscribed  collectively  for  eight  thousand  and  fifteen 
shares,  and  had  been  ready  and  willing  at  all  times  to  comply  with  their 
legal  undertakings  when  lawfully  required;  that  certain  corporators  de- 
clined to  act  as  such,  and  only  four  remained ;  that  one  of  the  four  refused 
to  unite  with  the  remaining  persons,  who,  being  but  three  in  number,  did 
not  constitute  a  majority  of  the  incorporators  after  the  election  of  a  presi- 
dent, and  were  therefore  incompetent  to  perform  the  duties  required  of 
them :  that  notwithstanding  such  incompetency,  they  issued  a  call  for  the 
payment  of  $5  per  share,  and  at  the  same  time  published  a  notice  for  the 
election  of  officers  on  a  day.  named  ;  and  that  the  defendants  pretending  to 
be  stockholders  in  the  corporation  proceeded  to  elect  officers  thereof ;  that 
said  defendants  had  taken  possession  of  seal,  books,  &c.,  of  the  corporation 
and  kept  them  concealed;  that  by  their  agents  they  had  begun  to  dig  up 
the  streets,  and  put  down  rails  in  accordance  with  the  privileges  granted  by 
the  act  of  incorporation  to  the  complainants  and  others  having  a  majority 
of  the  stock.  The  complainants  further  charged  that  they  did  not  make 
any  payment  on  account  of  the  shares  subscribed  by  them,  because  the  per- 
son named  as  treasurer  had  not  been  legally  elected,  and  because  the  parties 


Kaileoads.  757 

Article  XL. — Ordinances. 


79.     The  said  railway  track  shall  be  laid  down  and  construct-  iwd,  i.  2. 
ed  subject  to  the  inspection  of  the  City  Commissioner,  and  in  a  To  beuid  sub- 

.    .         ,  .  ,  ject  to  inspec- 

rnanner  receivini;  his  approval,  so  as  not  to  impede  or  obstruct  tionanUap- 

o  I  r  1  f  proval  of  City 

the  free  flow  of  water  in  the  street  or  gutters,  and  the  crossings  tommigsioner. 
of  the  gutters  by  the  said  railway  tracks  shall  be  covered  with 
iron  plates,  and  to  such  extent  as  the  City  Commissioner  may 
direct ;  provided,  that  iu  the  event  of  the  non-compliance  on  proviso, 
the  part  of  the  said  railroad  company  with  the  provisions  of 
this  section,  then  the  said  railroad  company  shall  forfeit  and  pay 
a  fine  of  not  less  than  ten  dollars,  nor  more  than  twenty  dollars, 
for  every  gutter  not  covered  as  herein  provided,  or  for  the  ob- 
struction of  the  free  flow  of  water  in  every  gutter  so  covered  ; 
and  to  forfeit  and  pay  an  additional  fine  of  not  less  than  five  penalty  fer  non- 
dollars  nor  more  than  ten  dollars  for  each  and  every  day  such  ""*'"""^''" 
non-compliance  may  continue  to  exist,  the  said  fines  to  be  re- 
covered as  other  fines  are  recoverable. 

who  issued  the  call  had  no  right  to  do  so.  The  bill  charged  fraud  and  con- 
spiracy, and  prayed  for  an  injunction,  a  discovery,  and  the  appointment  of 
a  receiver.    Held : 

1.  That  the  complainants,  upon  their  own  showing,  were  mere  sub- 
scribers who  refused  to  comply  with  the  terms  of  their  own  subscription. 

2.  That  the  complainants  by  subscribing  to  the  shares  of  stock,  promised 
not  only  to  take  the  shares,  but  to  pay  for  them  in  accordance  with  the  terms  . 
and  conditions  of  the  subscription. 

3.  That  the  complainants  having  failed  to  comply  with  the  conditions 
and  terms  of  their  subscription  to  the  capital  stock  of  the  railway  company, 
without  any  default  on  the  part  of  the  corporation  or  its  ofBcers,  had  no 

such  rights  or  interests  in  the  stock  as  to  entitle  them  to  an  injunction.  • 

Where  a  corporation  has  gone  into  operation,  and  rights  have  been  ac- 
quired under  its  charter,  every  presumption  should  be  made  in  favor  of  its 
legal  existence. 

Where  an  act  of  incorporation  is  accepted,  and  the  company  organized 
provisionally  thereunder,  no  subsequent  withdrawal  of  any  of  the  corpora- 
tors will  affect  its  vitality. 

The  mere  subscribing  to  the  stock  of  an  incorporated  company  does  not 
constitute  the  subscriber  a  stockholder,  but  puts  it  in  his  power  to  become 
such  by  compelling  the  corporation  to  give  him  the  legal  evidence  of  his 
being  a  stockholder,  upon  his  complying  with  the  terms  of  the  subscription. 
Busy  ei.  al.,  v.  Hooper  et.  al,  35  Md.  15. 


758  Railroads. 

Article  XL. — Ordinances. 


Ibid,  8.  8.  80.     The  said  railway  tracks  shall  be  made  to  conform  to  the 

Tracks  to  con-   Prades  of  the  several  streets  occupied  by  them,  and  in  case  the 

form  to  grades  t  j  i 

of  streets.         said  grades  or  any  of  them-  shall  hereafter  be  changed,  the  pro- 
prietors of  the  said  railway  shall,  at  their  own  expense,  make 
streets  to  be      Corresponding  alterations  of  the  said  tracks:  and  the  streets 

kept  in  proper  . 

repair.  aforesaid  along  and  through  which  the  said  tracks  may  be  laid, 

Free  from  snow,  shall  at  all  timcs  be  kept  in  proper  repair  and  free  from  snow  and 
other  obstructions,  at  the  expense  of  the  proprietors  of  said  rail- 
way, not  only  between  the  tracks,  but  for  two  feet  beyond  the 
outsides  thereof. 

Ibid,  s.  4,  81.     No  person  shall  be  allowed  to  use  street  vehicles  on  the 

Track  not  to  be  aforcsaid  tracks  of  railway  to  the  hindrance  and  delay  of  the 

used  by  street  ''  '' 

vehicles.  cars,  and  all  persons  who  shall  upon  the  call  or  signal  of  any 

driver,  conductor,  or  other  persons  in  charge  of  a  car  passing 
on  its  route,  wilfully  neglect  or  refuse  to  vacate  said  tracks,  shall 

Penalty.  be  subjcct  to  a  fine  of  no  more  than  ten  nor  less  than  five  dol- 

lars, to  be  collected  according  to  the  provisions  of  Article  XIX, 
relating  to  Fines. 

Ibid,  s.  6.  82.     The  fare  for  the  transportation  of  a  single  passenger, 

Fare.  from  torminus  to  terminus,  within  the  city  limits,  on  the  line 

of  railway  by  this  ordinance  authorized  to  be  constructed,  shall 
not  exceed  the  sum  of  six  cents ;  and  it  shall  be  the  duty  of  the 
proprietors  of  the  said  railway  hereinbefore  named,  their  asso- 
ciates, successors,  or  assigns,  through  their  treasurer  or  other 
Quarterly  state-  proper  officor  or  employee,  to  present  quarterly  to  the  City  Keg- 
.Register.  ister  a  statement  of  the  gross  earnings  from  the  passenger  travel 

on  the  line  of  said  railway,  and  to  accompany  said  statement 
with  the  affidavit  of  the  person  making  the  same  as  to  its  cor- 
rectness, and  to  pay  at  the  same  time  to  the  City  Register,  for  the 
use  of  the  park  fund,  one  fifth  [now  twelve  j^er  centum^  of  the 
said  gross  receipts ;  and  for  each  car  in  daily  use  on  the  route 
of  said  railway,  the  proprietors  shall  pay  annually  to  the  City 
Comptroller  a  license  of  twenty  dollars,  [now  five,]  and  the  cars 
of  the  said  railway,  and  the  running  of  the  same,  shall  be  sub- 


Kailkoads.  759 

Article  XL. — Ordinances. 


ject  to  all  the  police  regulatioDS  of  the  city  of  Baltimore,  made 
and  provided  in  such  cases. 

83.  The  persons  hereinbefore  named,  their  associates,  sue- iMd, s. 6. 
cessors  or  assigns,  shall  commence  the  work  of  laying  clown  and  completion  of 
constructing  the  railway  tracks  aforesaid  within  ninety  days, 

and  shall  complete  the  said  work,  and  commence  the  regular 
running  of  cars  within  one  year  after  the  approval  of  this  or- 
dinance, otherwise  the  rights  and  privileges  herein  granted  shall 
be  null  and  void ;  provided,  however,  the  provisions  of  this  proviso, 
section  shall  not  apply  in  the  case  of  any  one  of  the  streets  here- 
inbefore named  which  may  not  be  paved  and  graded  at  the 
time  of  the  approval  of  this  ordinance. 

84.  It  shall  be  the  duty  of  the  proprietors  of  said  railway  iwd.s.?. 
to  run  the  cars  on  their  routes  from  terminus  to  terminus,  at  intervals  of 

1  -,.  .  «  '       k     tr  '  ^     '    1        time  at  which 

intervals  not  exceeding  ten  minutes,  trom  six  A.  M.  to  midnight,  cars  shaii  be 
between  April  Ist  and  October  1st,  and  from  seven  A.  M.  to 
midnight,  from  October  1st  to  April  1st,  under  a  penalty  of  five  penalty, 
dollars  for  each  car  that  does  not  run  to  the  extent  of  tracks  as 
embraced  in  this  ordinance. 

85.  The  persons  herein  named  and  referred  to,  or  their  sue-  ibid,  s.  s. 
cessors  or  assigns,  shall,  before  commencing  the  work  of  con-  Bond, 
structing  railway   tracks    as   aforesaid,  'file   with    the   City 
Comptroller  a  bond  to  the  Mayor  and  City  Council  of  Baltimore, 

to  be  approved  by  him,  in  the  sum  of  thirty  thousand  dollars, 
as  a  consideration  for  the  faithful  performance  of  all  the  ob- 
ligations and  liabilities  contained  in  this  ordinance. 

86.  In  the  event  of  the  privilege  being  hereafter  granted  ibid.s.  9. 

to  any  other  company  to  run  passenger  railway  cars  along  Privilege  to  use 

1  /-N  track  on  Charles 

Charles  street,  from  Fayette  street  south  to  German  street,  street,  between 

'  •'  ...         Fayette  and 

said  company  shall,  if  it  is  expressed  in  the  ordinance  giving  German  street*, 
it  such  privilege,  have  the  right  to  pass  its  cars  to  and  fro  over 
the  track  of  said  Park  Railway  Company  on  Charles  street, 
between  Fayette  street  and  German  street,  on  paying  such  a 


760  Railroads. 

Article  XL. — Ordinances. 


Consideration.  suTn  to  Said  railway  as  may  be  determined  by  the  Mayor, 
City  Commissioner  and  President  of  said  Park  Railway  Com- 
pany, or  a  majority  of  them. 

No. 74,  June?,  87.  The  pcrsons  named  in  the  first  section  of  the  Act  of 
Books  of  sub-  Assembly  of  1872,  c.  3G9,*  shall,  on  or  before  the  twentieth 
day  of  June,  1872,  procure  books  wherein  shall  be  written  or 
printed  the  following  words  :  "  We  whose  names  are  hereto 
subscribed,  do  respectively  and  severally  promise  to  pay  to 
the  Baltimore,  Peabody  Heights  and  Waverly  Railroad,  the 
sum  of  twenty-five  dollars  for  each  share  of  capital  stock  of 
said  company  set  opposite  our  names  respectively  in  such 
manner  and  proportions,  and  at  such  times,  as  shall  be  de- 
termined by  the  president  and  directors  of  said  company  or 

a  majority  of  them.     Witness  our  hands  and  seals  this 

Notice  in  daily  day 1872,"  and  shall  thereupon   give   notice  in  one  or 

more  of  the  daily  papers  published  in  the  city  of  Baltimore 
for  one  week  at  least,  of  the  time  and  place,  when  and  where 
the  said  books  shall  be  opened  for  subscription,  which  place 
shall  be  at  the  office  of  the  Peabody  Heights  and  Waverly 
Railroad  Company  of  Baltimore  county  in  the  city  of  Balti- 
more, and  said  book  or  books  shall  be  there  opened  on  the 
day  to  be  named  at  ten  o'clock  A.  M.,  and  kept  open  until 
at  least  three  thousand  shares  shall  have  been  subscribed 
for  and  taken. 

*  The  Baltimore,  Peabody  Heights  and  Waverly  Passenger  Railroad  was 
incorporated  by  act  of  1873,  c.  369.  It  authorizes  the  company  to  lay  down 
and  construct,  maintain,  use  and  operate  passenger  railways  in  the  city  of 
Baltimore,  on  all  such  streets  or  parts  of  streets  as  may  be  designated  in  any 
ordinance  or  ordinances  which  may  be  passed  on  the  subject  by  the  Mayor 
and  City  Council  of  Baltimore,  and  upon  such  terms  and  subject  to  such  con- 
ditions as  may  be  made  by  such  ordinance  or  ordinances,  and  to  receive  and 
to  take  such  tolls  and  fares  as  may  be  designated  by  such  ordinance  or  ordi- 
nances, and  as  to  all  other  matters  not  therein  mentioned  and  provided 
for,  the  rights  and  powers  of  said  company  shall  be  the  same  as  those  of  the 
Baltimore  City  Passenger  Railway  Company.  The  persons  named  in  ordi- 
nance No.  27,  March  28,  '72,  p.  755  ante,  assigned  their  right  to  B.  P.  H.  & 
W.  P.  R.  Co. 


Railroads.  761 

Article  XL. — Ordinances. 


88.  In  addition  to  the  powers  which  the  said  company  ma,  s.  a. 
has  now  or  may  hereafter  acquire  hy  assignment  from  the  Assignment, 
persons  named  in  the  ordinance,  approved  March  28,  1872,  (p. 

755  ante,)  and  which  assignment  is  hereby  ratified,  it  is  here- 
by further  authorized  and  empowered  to  lay  down  a  single  Additional 
or  double  track  of  passenger  railway  on  North  avenue,  from 
John  street  to  the  terminus  of  the  Peabody  Heights  and 
Waverly  Railroad  of  Baltimore  county,  at  the  intersection 
of  North  avenue  and  north  Charles  street,  and  connect  with 
the  same ;  and  it  is  further  authorized  and  empowered  to 
run  passenger  cars  thereon,  to  be  drawn  by  horses  and  with 
all  the  privileges  and  under  all  the  restrictions  imposed  by 
the  ordinance  before  mentioned. 

89.  If  at  any  time  hereafter  the  Mayor  and  City  Coun-  iwd,  «.3. 

cil  of  Baltimore  shall  grant  to  any  other  road  the  right  to  lay  Right  or  way  to 

.,  ,  ,  .  -kT         1     o'h*'  roads  to 

railway  tiacks  and  run  thereon  city  passenger  cars  on  North  run  cars  on 

avenue   west  from  John   street,    they  shall  then  have  tl^©  JJ^*^^^^k- 

power  to  grant  to  such  other  road  the  right  to  run  their  cars  **"""'*• 

upon   the  tracks   of  the  Baltimore,  Peabody  Heights   and 

Waverly  Railroad  on  North  avenue,  between   Charles  and 

John  streets,  under  such  regulations  and  upon  the  payment 

of  such  sum  or  sums  of  money  to  said  Peabody  Heights  and  consideration. 

Waverly  Railroad  as  shall  be  agreed  upon  and  fixed  by  the 

Mayor,  City  Commissioner  and  President  of  said  Baltimore, 

Peabody  Heights  and  Waverly  Railroad,  or  a  majority  of 

them. 

90.  The  Mayor  and  City  Council  of  Baltimore,  in  here- iwa,  s.  4. 
after  granting  to  other  parties  the  right  to  run  cars  upon  the  Requirements 

,  ,      of  others  using 

tracks   oi  the   Baltmiore,    Peabody  Heights   and    Waverly  tracita. 
Railroad,  either  on  Charles  street  south  from  Fayette  to  Ger- 
man street,  as  provided  for  in  section  86,  ante,  or  on  North 
avenue  between  Charles  and  John  streets  as  provided  in  the 
preceding  section,  shall  require  in  either  case  of  such  party 


762  Raileoads. 

Article  XL. — Ordinances. 


or  parties  before  exercising  such  rights  a  good  and  sufficient 
Bond  to  B.  p     bond  to  be  given  to  the  Baltimore,  Peabody  Heights  and 

H   &  W.  K.  R.  °  '  JO 

Waverly  Railroad,  as  security  for  the  faithful  performance  of 
all  the  requirements  of  any  agreement  made  and  fixed  by 
the  Mayor,  City  Commissioner  and  President  of  said  P.  H. 
&  W.  R.  R.,  by  whom  also  said  bond  shall  be  fixed  and  ap- 
proved. 

No.  106,  June  8,      91.     The   Said  company   is   hereby  authorized  and   em- 

'75. 

Doiibietrack  on  powered  to  lay  down  and  keep  in  repair  a  double  track  on 

Howard  street. 

Howard  street,  to  extend  one  hundred  and  fifty  feet  south  of 
the  south  side  of  Franklin  street,  and  to  connect  the  same 
with  its  track  on  Franklin  street. 


BALTIMORE  AND  YORKTOWN  TURNPIKE  ROAD. 

No. 7, S.I.Feb.      92.     The  president,  managers  and  company  of  the  Balti- 
Authorized  to    morc  and  Yorktown  Turnpike  Road  are  hereby  authorized 

lay  tracks  on 

North  avenue,  and  empowered  to  lay  down  a  double  track  of  the  City  Pas- 
senger Railways  on  North  avenue,  from  G-reenmount  avenue 
to  north  Charles  street,  and  on  Greenmount  avenue  from  the 
city  limits  to  Forrest  street,  and  on  Forrest,  Hillen  and  East 
streets  to  Gay  street,  so  as  to  connect  with  the  city  passen- 
ger railways  at  those  points.* 

Ibid,  8. 2.  93.     The  said  railways  shall  be  built  under  the  super in- 

city  commis-    tcudence  of  the  City  Commissioner ;  the  rails  to  be  similar 

sioner  to  super-  .         ,,  ,  .  p  .,  . 

inteni.  m  all  respccts  to  those  now  m  use  tor  passenger  railways  in 

*  This  ordinance  recited  that,  by  the  Act  of  1860,  c.  259,  the  president, 
managers  and  company  of  the  Baltimore  and  Yorktown  Turnpike  Road  were 
authorized  to  extend  the  railways  authorized  to  be  built  under  that  Act,  into 
the  city  of  Baltimore,  to  such  point  or  points,  through  such  streets  or  ways, 
and  to  connect,  or  cause  the  same  to  be  connected,  with  such  of  the  railway 
tracks  in  said  city,  or  which  may  be  constructed  therein,  as  the  Mayor  and 
City  Council  of  Baltimore  shall  permit,  direct  and  ordain,  and  subject  to 
such  restrictions,  terms  and  conditions  as  said  Mayor  and  City  Council  may 
prescribe  and  impose. 


Bailboads.  763 

Article  XL. — Ordinances. 


this  city  ;  to  be  so  laid  down  as  to  conform  to  the  grades  of  conform  to 
the  several  streets  as  they  are  now,  or  may  hereafter,  be  es- 
tablished, through  which  they  puss,  and  so  as  not  to  impede 
or  obstruct  the  free  flow  of  water  in  the  streets  or  gutters  Not  to  obstruct 

water  courses. 

thereof.  The  gauge  of  said  railways  also  to  be  the  same  as 
that  of  the  passenger  railways  now  in  use  in  this  city,  so  as 
to  allow  vehicles  to  run  upon  the  tram  plate  of  the  rail ;  but 
no  vehicle  shall  be  permitted  to  use  said  railways  for  the  Passengers  for 

pay  or  nire. 

purpose  of  carrying  passengers  for  pay  or  hire.* 

94.     The  cars  running  upon  said  railways  ^shall  not  re- iwd.s.  4. 
main  standing  on  the  line  of  these  routes  for  passengers,  and  cars  not  tore- 

ini  ^  •  111  T  !•  1  1  I"*'**  standing 

shall  be  subject  to  all  the  police  regulations  as  to  speed  and  on  street, 
otherwise,  that  are  now,  or  may  hereafter  be  prescribed  by  subject  to  po- 

,.  ,.     ,  .         .  ;  .,  ,  lice  regulationi. 

ordinances  01  the  city  in  regard  to  railway  cars  or  other  ve- 
hicles, so  far  as  said  regulations  may  be  applicable  thereto  ; 
and  further,  the  price  of  transporting  passengers  on  the 
track  of  railways  hereby  authorized  to  be  laid  down  on 
Greenraount  avenue,  Forrest,  Hillen  and  East  streets,  for 
any  distance,  shall  be  five  cents  for  each  person  over  ten  Fare, 
years  of  age,  and  for  children  ten  years  old  and  under,  a 
sum  not  exceeding  three  cents  each,  and  over  the  track  on 
North  avenue,  two  cents  for  each  person  over  ten  years  of 
age,  and  for  children  ten  years  old  and  under,  one  cent 
each.f 


*  Section  3  provided  tliat  the  cars  should  not  run  on  Sunday,  but,  by  act 
of  1868,  c.  308,  the  company  was  authorized  to  run  its  cars  on  that  day. 

t  By  above  section  the  rate  of  fare  is  fixed  at  five  cents  for  each  passenger 
for  all  distances  within  the  city  limits.  The  act  of  1865,  c.  115,  authorized 
the  company  to  collect  from  each  passenger  over  the  road  not  more  than 
thirty  cents  for  the  distance  between  the  city  limits  and  Towsontown ;  and 
not  more  than  six  cents  for  each  mile  or  fraction  of  a  mile  for  way  passen- 
gers on  any  portion  of  its  railway.  In  the  case  of  a  passenger  to  the  city 
from  a  place  on  the  road  distant  less  than  a  mile  from  the  city,  it  was  held : 

1.  That  the  company  had  no  right  to  claim  from  him  more  than  eleven 


764 


Railroads. 


Article  XL. — Ordinances. 


Ibid  s.  5.  95.     The  president,  managers  and  company  of  the  Balti- 

streetstobe      morc  and  Yorktown  Turnpike  Road  shall  keep  the  streets 

repaired  at  ex-  ^  ■•■ 

penseof  com-  coverod  by  said  tracks,  and  extending  two  feet  over  the  outer 
limits  of  either  side  of  said  tracks,  inclusive,  in  thorough  re- 
pair, at  their  own    expense,  and  shall  free  the  same  from 

Snow  and  other  snow  and  othcr  ohstructious,  in  doing  which  they  shall  not 

obstructions.  ^  o  j 

cause  to  be  obstructed  the  other  portion  of  the  streets,  and 
for  every  non-compliance  with  this  provision,  the  said  com- 
penaity.  pauy  shall  forfeit  and  pay  a  fine  of  twenty  dollars  per  square, 

to  be  collected  as  other  fines  are  now  collected. 

Ibid,  s.  6.  96.     The  president,  managers  and  company  of  the  Baltimore 

What  part  of      and  Yorktowu  Turnpike  Road  shall,  by  their  treasurer,  under 

gross  receipts  to  ,  iii  t         /-^  -n 

City  Register,  oath,  pay  luto  the  hands  of  the  City  Register  during  the  first 
ten  days  of  January,  April,  July  and  October,  in  each  and 
every  year,  commencing  for  the  first  of  said  payments  in  Octo- 
ber, 1863,  one-fifth  [now  twelve  per  centum?^  of  the  gross  receipts 
accruing  from  passenger  travel  upon  said  railways  within  the 
limits  of  the  city,  as  hereby  authorized  ;  and  in  default  of  the 
payment  being  made  within  the  ten  days  appointed,  the  said 
Baltimore  and  Yorktown  Turnpike  Road  Company  shall  be 

Penalty.  liable  to  the  penalty  of  fifty  dollars  for  each  and  every  day  dur- 

ing the  continuance  of  such  default,  to  be  recovered  as  other 
fines  and  forfeitures  are  now  recoverable ;  said  receipts  to  be 

City  Boundary    applied  to   the  establishment   and   improvement   of  the  City 

avenue. 

Boundary  avenue,  as  reported  upon  at  the  annual  session  of  the 
Mayor  and  City  Council  of  Baltimore  in  1853,  by  commision- 
ers  appointed  at  the  annual  session  of  1851,(Res.  Nos,  124  and 


cents,  that  is  to  say,  six  cents  for  tlie  fraction  of  a  mile  beyond  the  city 
limits,  and  five  cents  for  the  route  over  its  road  in  the  city. 

2.  That  while  the  company  might  provide  for  any  reasonable  "  drawback  " 
for  its  own  security,  it  must  not  be  in  the  face  of  the  law,  which  gave  it  no 
authority  to  receive  more  than  eleven  cents.  Below  that  limit,  as  a  maximum, 
it  could  exercise  its  own  discretion  as  to  the  amount  of  fare,  or  any  discount 
on  the  same.    Balto.  &  Ym'ktown  Turnpike  v.  Booiie,  45  Md.  344. 


Railroads.  765 

Article  XL. — Ordinauces. 


138,)  and  to  the  improvement  of  Druid  Hill  and  Patterson 
Parks,  and  such  others  as  may  be  determine  upon  hereafter. 

97.  And  it  is  hereby  made  a  condition  precedent  to  the  ac-  ibid,  s.  7. 
ceptance  of  the  provisions  of  this  ordinance  by  the  said  Balti-  Right  to  change 
more  and  Yorktown  Turnpike  Road  Company,  that  the  Mayor 

and  City  Council  of  Baltimore  shall  have  the  right  and  privil- 
ege to  alter  and  modify  the  price  for  carrying  passengers, 
within  the  limits  of  the  city,  at  any  time  hereafter  when  they 
may  deem  it  expedient  for  the  public  good. 

98.  Should  the  Baltimore  and  Yorktown  Turnpike  Road  ibid,  s.  8. 
Company  fail  to  commence  the  construction  of  the  railways  Forfeiture  of 
hereby  authorized  to  be  laid  down,  before  May  1,  1863,  and'* 
complete  them   before  November  1,  next  ensuing,   or  should 

it  fail  to  run  it  cars  daily  on  the  two  routes  hereinbefore  de- 
signated, according  to  the  true  intent  and  meaning  of  this  ordi- 
nance, for  the  space  of  one  year  after  having  commenced  the 
same,  then,  and  in  either  case,  the  said  company  shall  forfeit 
all  rights  and  privileges  granted  under  and  by  authority  of  this 
ordinance. 

99.  The  president,  managers  and  company  of  the  Baltimore  No,  i6,  Mar.  21, 
and  Yorktown  Turnpike  Road  are  hereby  authorized  to  con- Tracks  on 

XT        1  Northern  Boun- 

struct  temporary  tracks  01  passenger  railways  on  JNorthern  dary  avenue, 
Boundary  avenue  from  Greenmount  avenue  to  Charles  street ; 
the  work  to  be  done  under  the  supervision  and  subject  to  the 
approval  of  the  City  Commissioner;  provided,  however,  and  it  Proviso, 
is  hereby  made  a  condition  precedent  to  the  acceptance  of  this 
ordinance  by  the  said  president,  managers  and  company,  that 
when  that  portion  of  Northern  Boundary  avenue  as  aforesaid 
has  been  paved  and  graded,  they,  the  said  president,  managers 
and  company  will  without  delay  remove  the  tracks  herein  au- 
thorized to  be  temporarily  constructed,  and  put  down  tracks  of 
railway  similar  to  those  now  in  use  by  the  Baltimore  City  Pas- 
sengers Railway  Company. 


766  Railroads. 

Article  XL. — Ordinances. 


No.  40,  June  20,      IQO.     The  president,  managers  and  company  of  the  Bal- 
construct         timorc  and  Yorktown  Turnpike  Road  are  hereby  authorized 

tracks  on  Hil-  "^  *' 

day^stMe"""''  ^^d  empowered  to  construct  a  track  of  passenger  railways 
upon  Hillen  and  Holliday  streets,  joining  with  their  tracks 
at  the  corner  of  East  and  Hillen  streets,  and  terminating  at 
the  intersection  of  Holliday  street  and  Lexington  street ;  pro- 
vided, however,  and  it  is  hereby  made  a  condition  precedent 
to  the  acceptance  of  this  ordinance  by  said  president,  mana- 

At  six  months'  gers  and  company,  that  said  track  shall  be  removed  at  any 

notice  to  re-         ^  r        J  .  j 

moTc  trades,  time  after  six  months'  notice  to  that  effect  by  the  Mayor  and 
City  Council. 

No.  130,  Oct.  14,      101.     The  president,  managers  and  company  of  the  Bal- 
R'ii^ay  on      timore  and  Yorktown  Turnpike  Road  are  hereby  authorized 

Holliday  street.  ^  •' 

and  empowered  to  extend  their  lines  of  railway  on  Holliday 
street  from  the  present  terminus,  at  the  intersection  of  Hol- 
liday and  Lexington  streets,  to  its  intersection  with  Balti- 
more street. 

Ordinances.  102.     The  president,  managers  and  company  of  the  Bal- 

timore and  Yorktown  Turnpike  Road  shall,  in  laying  down 
and  working  the  extension  authorized  to  be  made  by  the 
preceding  section,  be  governed  by  and  subject  to  all  the  pro- 
visions of  the  ordinance  approved  February  17,  1863,  No.  7, 
and  of  ordinance  No.  40,  of  18H5,  under  which  they  are  em- 
powered to  lay  down  railway  tracks  within  the  limits  of  the 
city  of  Baltimore. 


Note. — The  legislature  has  the  power  to  authorize  the  construction  of  a 
railway  on  the  bed  of  a  turnpike  road,  with  the  consent  of  the  turnpike  com- 
pany, and  the  construction  of  such  railway  does  not  effect  the  right  of  the 
turnpike  company  to  collect  tolls  under  its  charter.  Under  the  provisions  of 
the  Act  of  1804,  c.  51,  [amended  by  Acts  of  1878,  c.  261,  and  1878,  c  470,]  and 
its  supplements,  and  of  the  Act  of  1824,  c.  105,  the  Baltimore  and  Yorktown 
Turnpike  Company  have  the  right  to  charge  and  collect  tolls  on  such  por- 
tion of  their  road  as  lies  within  the  limits  of  the  city  of  Baltimore.  Hooper 
V.  President,  &c.  Baltimore  and  Yorktown  Turnpike  Road,  34  Md.  521. 

The  Act  of  1872,  c.  337,  authorized  the  president,  managers  and  company 


Railroads.  767 

Article  XL. — Ordinances. 


REDUCTION  OF  TAX. 

103.  The  Baltimore  City  Passenger  Railway  Company,  no.  48,  June  9, 
Citizens'  Railway  Company,   Baltimore,  Peabody    Heights  Twelve  per 
and  Waverly  Passenger  Railway  Company,  and  Baltimore  receipts  to  bo 
and  Yoiktown  Turnpike  Road  Company,  from  and  after  the 

first  day  of  July,  1874,  are  eacli  and  separately  required 
to  pay  to  the  City  Register  twelve  per  centum,  of  their  gross 
receipts  in  lieu  of  the  one-fifth,  as  now  required  under  their 
respective  grants. 

104.  On  or  before  this  act  shall  take  efiect  it  shall  be  ibid,  8.2. 
agreed  upon  by  the  various  railway  comi)anies  named  in  this  Agreement, 
ordinance,  with  the  Mayor  of   Baltimore  City,  that  those 
companies  which  have  the  Slawson  fare  boxes  in  use  on  their  siaw»on  fare 

boxes. 

cars  shall  discard  and  remove  the  same,  and  each  and  all  of 
them,  and  any  other  company  that  may  hereafter  be  incor- 
porated, shall  covenant  and  agree  with  the  Mayor  that  they 
or  any  similar  contrivance  shall  not  be  placed  therein,  and 


of  the  Baltimore  and  Yorktown  Turnpike  Road  to  sell,  grant  and  convey, 
unto  any  body  corporate  of  this  State,  all  the  rights  and  franchises  conferred 
upon  the  president,  managers  and  company  of  the  Baltimore  and  Yorktown 
Turnpike  Road  aforesaid,  in  and  by  the  Act  of  1860,  c.  259,  entitled  a  further 
supplement  to  an  act  entitled  on  act  to  incorporate  companies  to  make 
several  turnpike  roads  through  Baltimore  county,  and  for  other  purposes ; 
to  authorize  the  laying  down  and  equipment  of  a  railway  on  the  Baltimore 
and  Yorktown  turnpike  road,  between  Baltimore  and  Towsontown,  and 
the  collection  of  tolls  thereon ;  and  also  the  railway  and  railway  tracks 
made  and  constructed  and  laid  down  thereunder,  and  the  right  to  use,  man- 
age and  enjoy  the  same  iu  perpetuity,  in  the  manner  and  under  the  terms 
and  conditions,  and  with  the  privileges  in  the  said  last  mentioned  act  pro- 
vided, and  all  the  cars,  horses  and  other  equipments  and  furniture  to  said 
railway  appertaining,  and  to  receive  payment  therefor  in  money,  or  in  capi- 
tal stock  of  the  corporation  so  purchasing  the  same,  or  otherwise,  as  may  be 
agreed  upon  by  and  between  the  said  parties,  and  that  the  act  shall  take 
effect  when  accepted  by  a  majority  in  value  of  the  stockholders  of  the 
president  and  managers  and  company  of  the  Baltimore  and  Yorktown 
Turnpike  Road,  aforesaid,  at  a  general  meeting. 


768  Railroads. 

Article  XL. — Ordinances. 


Children's  fare,  that  children  Under  twelve  years  of  age  shall  pay  not  more 
than  four  cents  fare. 

Ibid,  i.  3.  105.     In  default  of  the  payment  of  the  tax  hereinhefore 

Penalty  for  non- provided  for,  OH  or  before  the  davs  or  time  appointed  for 

payment  of  tax.  -^  "    .  . 

making  such  payment,  the  corporations  or  railroad  compa- 
nies shall  be  liable  to  the  penalty  of  one  hundred  dollars  for 
each  day  of  the  continuance  of  such  default  after  ten  days 
after  the  expiration  of  each  quarter,  to  be  recovered  by  the 
Mayor  and  City  Council  according  to  law. 

Ibid,  S.5.  106.     Nothing  herein  contained  shall  be  so  construed  as  to 

siawson  box  on  prevent  the  use  of  the  Slawson  box  by  the  Baltimore,  Pea- 

B.  p.  H.  W.  R.    ^  "^  .  ' 

^-  body  Heights  and  Waverly  Passenger  Railroad  Company ; 

Proviso.  provided  the  said  company  shall  continue  to  use  cars  of  the 

same  dimensions  as  are  now  running  upon  their  railway ; 
provided,  further,  that  no  company  shall  have  the  benefit  of 
the  reduction  of  tax  aforesaid  unless  they  shall,  within  ten 
days  after  the  first  day  of  July,  1874,  have  settled  up  or  made 
payment  for  the  amount  that  may  be  respectively  due  on  the 

Amounts  due  by  first  day  of  July,  1874. 

companies.  "^ 

No.  65,  Apr.  30,      107-     The  liccuse  of  city  passeugcr  railway  cars  shall  be 
License  on  cars,  fivc  doUars  per  auuum  upon  each  car. 

THE  PEOPLE'S  PASSENGER  RAILWAY.* 

No.  74,  June  as,      108.     William  Frederick,  Jacob  Tome,  Michael  P.  O'Hern 

On  what  streets  and   Gcorgc   W.    P.   Ooatcs,   of  the   city   of    Baltimore,   in 

the  State  of  Maryland,  or  a  majority  of  them,  and  those  who 

*By  the  Act  of  1878,  c.  230,  the  People's  Passenger  Railway  Company  of 
Baltimore  city,  incorporated  under  the  Act  of  1876,  c.  242,  providing  for  the 
creation  and  regulation  of  incorporated  companies,  is  empowered  to  accept 
subscriptions  to  its  capital  stock  in  personal  property  or  real  estate,  or  in 
both  personal  property  and  real  estate,  at  such  valuation  as  may  be  agreed 
upon  between  said  company  and  those  subscribing  at  the  time  of  said  sub- 
scription, instead  of  pursuing  the  provisions  of  the  seventh  section  of  said 
act. 


Kailroads.  769 

Article  XL. — Ordinances. 


are  now  or  may  hereafter  become  associated  with  them,  and 
their  successors  and  assigns,  are  hereby  authorized  and 
empowered  to  lay  down  and  construct  iron  railway  tracks, 
as  hereinafter  specified,  and  of  the  gauge  of  other  passenger 
railways  now  in  use  in  the  city  of  Baltimore,  and  to  run  there- 
on passenger  cars,  to  be  drawn  by  horses,  through,  along  and 
on  the  following  named  avenues  and  streets,  that  is  to  say : 
commencing  on  Druid  Hill  avenue,  at  the  southeastern  most 
line  of  North  avenue,  and  with  a  double  track  on  Druid  Hill 
avenue  to  Paca  street;  thence  by  a  double  track  on  Paca 
street  to  a  point  sixty  feet  south  of  the  south  side  of  Saratoga 
street ;  thence  by  a  single  track  on  Paca  street  to  a  point  sixty 
feet  to  the  north  of  the  north  side  of  Fayette  street ;  thence 
with  a  double  track  on  Paca  street  to  South  Paca  street,  on 
South  Paca  street  to  Warner  street,  on  Warner  street  to  Hen- 
rietta street,  on  Henrietta  street  to  Charles  street,  on  Charles 
street  to  Randall  street,  on  Randall  street  to  Webster  street, 
on  Webster  street  to  Fort  avenue,  on  Fort  avenue  to  Benjamin 
street,  with  branch  on  Hull  street  to  Nicholson  street,  on  Hull 
street  to  Nicholson  street,  thence  to  the  southwest  branch  of 
the  Patapsco  river,  with  a  lateral  branch  beginning  at  the 
intersection  of  Randall  and  Charles  streets,  on  Charles  street 
to  the  water's  edge. 

1C9.     The  said  railway  track  shall  be  laid  down  and  con- ibid,  s.  2. 
structed  with  a  rail  five  inches  wide,  equal  to  any  now  in  Rails, 
use  by  other  railway  companies,  subject  to  the  inspection  of  inspection  or 
the  City  Commissioner,  and  in  a  manner  to  receive  his  appro-  sioner""""'^ 
val,  and  so  as  not  to  impede  or  obstruct  the  full  flow  of  water 
in  the  streets  or  gutters,  and  all  crossings  of  the  gutters  by  the 
railway  tracks  aforesaid  shall  be  covered  with  iron  plates,  and 
to  such  extent  as  the  City  Commissioner  may  direct ;  provided, 
that  in  case  of  non-compliance  on  the  part  of  the  railway  com- 
pany aforesaid  with  the  provisions  of  this  section,  then  the  said 
railway  company  shall  forfeit  and  pay  a  fine  of  not  less  than 


I 


770 


Railroads. 


Article  XL. — Ordinances. 


Penalty,  ten  nor  more  than  twenty  dollars  for  every  gutter  not  covered 

as  herein  provided,  or  for  the  obstruction  of  the  free  flow  of 
water  in  every  gutter  so  to  be  covered,  and  shall  forfeit  and 
pay  an  additional  fine  of  not  less  than  five  nor  more  than  ten 
dollars  for  each  and  every  day  such  non-compliance  may  con- 
tinue to  exist  after  due  notification  thereof,  said  fines  to  be 
recovered  as  other  fines  are  recoverable. 

Ibid,  s.  3.  110.     The  said  railway  tracks  shall  be  so  made  as  to  con- 

Repaving.  form  to  the  grades  of  the  several  streets  to  be  occupied  by 
them,  and  in  case  the  several  streets  to  be  occupied  by  them 
shall  in  future  be  repaved  with  any  improved  pavement,  Bel- 
gian or  otherwise,  the  proprietors  of  said  railway  shall  repave  the 
spaces  between  the  tracks,  and  two  feet  on  either  side  of  said  rail- 
way, with  said  improved  pavement,  Belgian  or  otherwise,  at 
their  own  exclusive  expense,  under  a  penalty  of  twenty  dollars 
per  square  for  each  week  that  said  spaces  between  the  said 
railway  tracks,  and  two  feet  on  either  side  remain  un paved 
with  such  improved  pavement,  Belgian  or  otherwise,  after  due 
notice  to  the  proprietors  of  said  railway,  the  said  fine  to  be 
collected  as  other  city  fines  are  now  collected  ;  and  in  case  the 
said  grades  or  any  of  them  shall  be  changed  hereafter,  the 
proprietors  of  the  railway  aforesaid,  at  their  own  expense, 
shall  make  corresponding  alterations  of  the  said  tracks,  and 
the  owners  and  proprietors  of  said  railways  shall  keep  the 
streets  covered  b^'  said  tracks,  and  extending  two  feet  on  the 
outer  limits  of  either  side  of  said  tracks,  in  thorough  repair  at 
their  own  expense,  and  shall  free  the  same  from  snow  or  other 

Obstructions,  obstructious ;  in  doing  which  they  shall  not  cause  to  be  ob- 
structed the  other  portions  of  the  street  on  either  side  of  the 
railway  tracks  authorized  by  this  ordinance  to  be  constructed, 
and  for  non-compliance  the  Mayor  and  City  Council  may  ira- 

Penaity.  posc  such  reasonable  fines,  not  exceeding  twenty  dollars  per 

square  for  every  day  each  square  is  obstructed,  to  be  collected 
as  other  city  fines  are  now  collected. 


Railroads.  771 

Article  XL. — Ordinances. 


111.  No   one   shall   be   allowed    to  run  or  use  street  oriwd,  a.  4. 
other  vehicles  on  the  said  railway  tracks,  to  the  hindrance  and  vacating  track 

for  cars. 

delay  of  tiie  cars  thereon,  and  all  persons  who  upon  the  call  or 
signal  of  any  driver,  conductor,  or  other  party  in  charge  of  a 
car  passing  on  its  route,  shall  neglect  wilfully  or  refuse  to 
vacate  said  track,  shall  be  subject  to  a  fine  of  not  less  than  two  Penalty, 
or  more  than  five  dollars  for  eacli  and  every  such  offence,  to 
bo  collected  conformably  with  the  provisions  of  Article  XIX, 
relating  to  Fines. 

112.  The  fare  for  the  transportation  of  a  single  passen- iwd,  s.  6. 
ger  from  terminus  to  terminus,  (or  less  distance,  at  such  Fare, 
passenger's  option,)  within  the  city  limits  on  the  line  of  rail- 
way by  this  ordinance  authorized  to  be  constructed,  shall  not 
exceed  the  sum  of  six  cents,  and  it  shall  be  the  duty  of  the 
proprietors  of  the  said  railway,  their  associates,  successors  or 
assigns,  through  their  treasurer  or  other  proper  officer  or  em- 
ployee, quarterly  to  present  to  the  City  Register,  for  the  use 

of  the  park  fund,  twelve  per  centum  of  the  said  gross  receipts,  Tax. 
and  the  Mayor  and  City  Council  of  Baltimore  hereby  reserve 
the  right  and  power  to  increase  the  said  per  centum  &t  Any 
time  hereafter,  and  for  each  car  in  daily  use  on  the  route  of 
said  railway  the  then  proprietors  shall  pay  yearly  to  the  City 
Comptroller  a  license  tax  of  five  dollars,  and  the  cars  of  the  License, 
said  railway  and  the  running  of  the  same  shall  be  subject  to 
all  the  police  regulations  of  the  city  of  Baltimore  in  such  cases 
made  and  provided. 

113.  The  persons  named  hereinbefore,  their  associates,  sue-  ibw,  s.  6. 
cessors  or  assigns,  shall  commence  the  work  of  laying  down  Time  within 

which  work  to 

and  constructmg  the  railway  tracks  aforesaid  within  two  be  begun  and 
months  from  the  approval  of  this  ordinance,  and  shall  com- 
plete the  said  work  and  commence  the  regular  running  of  cars 
within  nine  months  after  the  approval  hereof;  otherwise 
the  rights  and  privileges  herein  granted  shall  be  null  and  void  ; 
provided,  however,  that  the  provision|^of  this  section  shall  not 


wm 


772 


Railroads. 


Article  XL. — Ordinances. 


apply  in  case  any  one  of  the  streets  hereinbefore  named  may 
not  have  been  paved  and  graded  at  the  time  of  the  approval 
of  this  ordinance,  or  should  any  of  said  streets  be  undergoing 
repair  by  the  city  authorities  in  such  manner  as  to  interfere 
with  the  laying  and  constructing  of  the  railway  tracks  afore- 
said, said  provision  not  to  apply  until  such  repairs  shall  have 
been  conipleted,  the  tracks  of  said  road,  however,  to  be  laid 
on  such  streets  or  parts  of  streets  as  far  as  opened,  paved  and 
graded. 


Ibid,  s.  7, 

Intervals  of 
running  cars. 


Ibid,  s.  8. 
Bond. 


114.  It  shall  be  the  duty  of  the  proprietors  of  said  rail- 
waj'  to  run  the  cars  on  their  routes  from  terminus  to  termi- 
nus within  the  city  limits  at  intervals  not  exceeding  ten 
minutes  from  six  o'clock  A.  M.  till  eleven  o'clock  P.  M.  every 
day,  under  a  penalty  of  five  dollars  for  each  car  that  shall  not 
run  to  the  extent  of  tracks  as  embraced  in  this  ordinance ; 
provided,  they  shall  employ  a  conductor  and  driver  on 
each  car. 

115.  The  persons  herein  named  and  referred  to,  or  their 
successors  or  assigns,  before  commencing  the  work  of  con- 
structing railway  tracks  as  aforesaid,  shall  file  with  the  City 
Comptroller  a  bond  to  the  Mayor  and  City  Council  of 
Baltimore,  to  be  approved  by  the  Mayor,  in  the  sum  of  ten 
thousand  dollars,  as  a  security  for  the  faithful  performance 
of  all  the  obligations  and  liabilities  contained  in  this  ordi- 
nance. 


bid, ss. 9, 10.  116.  The  railway  privileges  conferred  by  this  ordinance 
Board  of  direc-  are  granted  upon  the  condition  tiiat  the  same  siiall  be  at 
all  times  under  the  control  and  management  of  a  board  of 
directors,  a  majority  of  whom  shall  be  bona  fide  residents  of 
the  city  of  Baltimore,  and  if  at  any  time  the  said  railway  shall 
cease  to  be  controlled  by  a  board  of  directors,  a  majority  of 
whom  shall  be  residents  of  said  city  of  Baltimore,  the  privi- 
leges hereby  granted  shaU  be  revoked,  and  this  ordinance  shall 


Majority  resi- 
dents ot  Biilti- 
more  city. 


Railroads.  773 

Article  XL. — Ordinances. 


be  nu]l  and  void.     Nothing  herein  shall  be  so  construed  as  to  Revocable, 
prevent  the  city  from  withdrawing  the  privileges  herein  con- 
ferred. 

DRUID  HILL  PARK  RAILWAY. 

117.  Should  the  Park  Commission  deem  it  expedient,  they  No.  37,».  4, 

.  '  May  2, '63. 

may,  under  tlie  direction  of  the  City  Commissioner,  lay  down  parkcommis- 

"1  1  1        -KT        t  1  -»«•!•  sion  to  lay  rail- 

railway  tracks  on  the  North  avenue,  between  Madison  avenue  way  tracks  on 

Ndrth  avenue, 

extended  and  the  Reisterstown  road,  with  a  view  of  facilitating  ^'^■ 
the  railway  access  to  Druid  Hill  Park,  subject  to  the  same  con- 
ditions as  those  established  in  the  similar  grant  hereinbefore 
made  to  the  president,  managers  and  company  of  the  Baltimore 
and  Yorktown  Turnpike  Road,  and  the  said  commission  may 
delegate  this  power  for  a  period  not  exceeding  five  years  to  any 
party  with  whom  they  may  agree  for  the  construction  of  a  rail- 
way track  or  tracks  to  or  within  the  park. 

118.  It  shall  be  lawful  for  the  persons* with  whom  the  Park  No.  39,  June  14, 
Commission  may  contract  to  run  the  cars  upon  the  route  built  Route. 

by  them,  and  commencing  at  the  intersection  of  Nortii  avenue 
and  Madison  avenue  extended,  and  ending  at  a  point  near  the 
]>?ivilion  in  Druid  Hill  Park,  to  charge  the  following  rates  of 
tare,  viz :  five  cents  for  each  person  each  way,  and  three  cents  Fare, 
for  each  child  under  twelve  years  of  age  each  way. 


Note.— By  1861-'62,  c.  258,  John  W.  Randolph,  William  Chesnut,  Wil- 
liam H.  Catlicart,  Jonatlian  Brock  and  Ephraim  Hoffman,  and  their  asso- 
ciates, successors  and  assigns,  Avere  created  a  corporation  and  body  politic, 
by  the  name  and  style  of  the  City  Park  Railway  Company,  and  by  that 
name  to  have  perpetual  succession,  and  be  able  and  capable  in  law  to  sue 
and  be  sued,  to  make  and  use  a  common  seal,  to  ordain  and  pass  by-laws 
and  regulations  necessary  for  conducting  the  affairs  of  the  corporation,  to 
acquire  and  hold  all  necessary  real  estate,  and  in  general  to  have  and  exer. 
cise  all  such  other  corporate  powers  and  faculties  proper  to  effectuate'  the 
purpose  of  this  act. 

2.  The  object  of  the  said  corporation  is  to  be  the  building,  construction 
and  working  of  a  passenger  railway  in  Baltimore  county,  from  Druid  Hill. 
Pajk,  to  connect  with  the  Baltimore  City  Passenger  Railway  Company  at 


774  Eailroads. 

Article  XL. — Ordinances. 


BALTIMORE  AND  HALL  SPRINGS  RAILWAY.       V 

No. 911,  July  16,      119.     The  Baltimore  and- Hall  Springs  Railway  Company* 

Tracks.  IS  hereby  authorized  and  empowered  to  lay  down  and  construct 

single  iron  railway  tracks,  (with  sidings  at  the  points  hereinafter 

specified,  of  the  gauge  of  other  passengers  railways  now  in  use  in 

any  or  all  of  the  different  termini  of  said  company's  roads  on  the  Northern 
avenue  of  said  city. 

3.  The  corporation  hereby  created  is  vested  with  all  necessary  power 
and  authority  to  lay  down,  construct  and  to  use  and  operate  passenger 
railways,  with  double  or  single  tracks,  over  the  roads  known  as  Madison 
avenue  extended,  Pennsylvania  avenue,  or  any  other  road,  made  or  to  be 
made,  between  said  Druid  Hill  Park  and  the  Northern  boundary  of  Balti- 
more city. 

4.  The  capital  stock  of  this  corporation  shall  consist  of  three  thousand 
shares  of  the  par  value  of  twenty  dollars  per  share. 

5.  The  said  company  shall  for  running  the  cars  on  said  route,  be  entitled 
to  charge  no  more  than  three  cents  a  passenger  for  the  trip  between  the  said 
park  and  Northern  avenue,  and  five  cents  for  the  round  trip. 

6.  The  City  Park  Railway  Company,  hereby  incorporated,  shall  not  be 
authorized  by  anything  contained  in  this  act  to  exercise  banking  privileges, 
or  to  issue  any  note,  token,  device,  scrip,  or  other  evidence  of  debt,  to  be 
used  as  a  currency. 

Under  this  act  the  railway  tracks  of  the  Baltimore  City  Passenger  Rail- 
way Company  were  extended  in  the  spring  of  1878,  from  North  avenue  to 
the  entrance  of  Druid  Hill  Park  on  Madison  avenue  extended. 

*The  Baltimore  and  Hall  Springs  Railway  Company  was  incorporated  by 
the  Act  of  1870,  c.  444.  The  fifth  section  thereof  authorized  the  company 
to  make  and  construct  a  railway,  with  single  or  double  track  and  sidings,  as 
they  may  deem  expedient  for  the  transportation  of  passengers,  by  horse  pow- 
er, from  Baltimore  city  to  Hall  Springs,  in  Baltimore  county,  to  connect 
with  the  Baltimore  City  Passenger  Railway  at  the  corner  of  Chew  street  and 
Central  avenue,  or  such  other  place  or  places  as  may  be  deemed  most  advan- 
tageous to  the  interest  of  the  company,  and  in  like  manner  with  the  terminus 
of  the  said  Baltimore  City  Passenger  Railway  on  the  Belair  road,  at  or  near 
the  Baltimore  Cemetery,  by  a  road  to  be  laid  from  said  terminus  to  Hall 
Springs,  on  the  Belair  road  or  adjacent  thereto,  and  crossing  from  the  Belair 
road  to  the  Baltimore  and  Harford  turnpike,  at  a  point  near  to  Herring  run. 
The  act  of  1872,  c.  199,  extended  the  time  for  completion  of  this  road  to  April 
13, 1875. 


Railboads.  775 

Article  XL. — Ordinances. 


the  city  of  Baltimore,  and  to  rnn  passenger  cars  thereon,)  to 
be  drawn  by  horses  through  and  on  the  following  named  streets  : 
commencing  on  the  north  boundary  line  on  Harford  avenue  to 
Central  avenue,  thence  southwardly  on  Central  avenue  to  Mad- 
ison street,  thence  on  Madison  street  westwardly  to  Aisquith 
street,  thence  on  Aisquith  street  southwardly  to  Fayette  street, 
thence  on  Fayette  street  westwardly  to  North  street,  to  connect 
with  the  Citizens'  Passenger  Railway  at  that  point. 

120.  The  said  railway  tracks  shall  be  laid  down  and  con- ibid,  a.  3. 
structed  subject  to  the  inspection  of  the  City  Commissioner,  Manner  in 

**  .         ^.  •'  '  which  tracks 

and  in  a  manner  receiving  his  approval,  and  so  as  not  to  impede  «*>»'i  ^^  '»'"^- 
or  obstruct  the  free  flow  of  water  in  the  streets  or  gutters,  and 
the  crossings  of  the  gutters  by  the  said  railway  tracks  shall  bo 
covered  in  such  manner  .and  to  such  extent  as  the  City  Com- 
missioner may  direct. 

121.  The  said  railway  tracks  shall  be  made  to  conform  toiwa.s.s. 

the  grades  of  the  several  streets  occupied  by  them,  and  in  case  Tracks  to  con- 
form to  grades 

the  said  grades  of  any  of  them  shall  hereafter  be  changed,  the  °'  streeu. 
said  company  shall,  at  its  own  expense,  make  corresponding 
alterations  of  the  said  tracks,  and  the  streets  aforesaid,  and 
through  which  the  said  tracks  may  be  laid  down,  shall  at  all  Free  or  snow, 
times  be  kept  in  proper  repair,  and  free  from  snow  and  other 
ubstructions  at  the  expense  of  the  said  company,  not  only  be- 
tween the  tracks  but  for  two  feet  beyond  the  outer  edge  thereof. 

122.  No  person  shall  be  allowed  to  use  street  vehicles  on  iwd,  s.4. 

the  aforesaid  tracks  of  railway  to  the  hindrance  and  delay  of  Tracts  not  to  be 

used  by  ve- 

tlie  cars,  and  all  persons  who  shall  upon  ^le  call  or  signal  of  hi-ies. 
any  driver,  conductor,  or  other  persons  in  charge  of  a  car  pas- 
sing on  its  route,  wilfully  neglect  or  refuse  to  vacate  said  track 
shall  be  subject  to  a  fine  of  not  more  than  ten,  nor  less  than  Penalty. 
iive  dollars,  to  be  collected   according   to   the   provisions  of 
Article  XIX  relating  to  Fines. 

123.  The  fare  for  the  transporation  of  a  single  passenger  ibid,  s.  5. 
from  terminus  to  terminus  within  the  city  limits  on  the  line  of  Fare. 


Ilk 


776 


Railroads. 


Article  XL. — Ordinances. 


Register. 


the  railway  by  this  ordinance  authorized  to  be  constructed,  shall 
not  exceed  the  sum  of  six  cents ;  and  it  shall  be  the  duty  of 
the  president  or  other  proper  oflScer  of  the  said  Baltimore  and 
Quarterly  state-  Hall  Springs  Railway  Company  to  present  quarterly  to  the 
City  Register  a  statement  of  the  gross  receipts  accruing  on  the 
passenger  travel  on  the  line  of  said  railway  from  terminus  to 
terminus  within  the  limits  of  the  said  city,  and  to  accompany  said 
statement  with  the  affidavit  of  the  person  making  the  same  as 
to  its  correctness,  and  to  pay  at  the  same  time  to  the  City  Reg- 
ister, for  the  use  of  the  park  fund,  one-fifth  [now  twelve 
jper  centum^  of  the  said  gross  receipts,  and  for  each  car  in 
daily  use  on  the  route  of  the  said  railway,  the  said  company 
shall  pay  annually  to  the  City  Comptroller  a  license  of  twenty 
dollars,  [now  five,]  and  the  cars  of  said  railway,  and  the 
running  of  the  same,  shall  be  subject  to  all  the  police 
regulations  of  the  city  of  Baltimore  made  and  provided  in 
such  cases. 


Tax 


Ibid,  s.  6.  124.     The  said  company  shall  commence  the  work  of  laying 

Completion  of  dowu  and  Constructing  the  railway  tracks  aforesaid  within 
ninety  days,  and  shall  complete  the  said  work  and  commence  the 
regular  running  of  cars  within  one  year  from  and  after  the  ap- 
proval of  this  ordinance,  otherwise  the  rights  and  privileges 
herein  granted  shall  be  null  and  void. 


Ibid,  8.  7. 


Turn-outs  or 
sidings. 


Ibid,  s.  8. 
Bond. 


125.  The  said  company  is  authorized  and  empowered  to 
construct  two  turn-outs  or  sidings  upon  the  line  of  said  route, 
the  one  to  be  located  upon  Aisquith  street,  at  a  point  between 
Fayette  and  Madison  sireets,  and  the  other  upon  Central  ave- 
nue, between  Madison  street  and  Harford  avenue. 

126.  The  said  company  shall,  before  commencing  the  work 
of  constructing  the  railway  tracks  as  aforesaid,  file  with  the  City 
Comptroller  a  bond  to  the  Mayor  and  City  Council  of  Baltimore, 
to  be  approved  by  him,  in  the  sum  of  twenty  thousand  dollars, 
conditioned  for  the  faithful  performance  of  all  the  obligations 
and  liabilities  contained  in  this  ordinance. 


Kaileoads.  777 

Article  XL. — Ordinances. 


127.  The  company  is  hereby  authorized  and  empowered  to  no.  lov.oct.  is, 
construct  a  turn-out  or  siding  upon  the  line  of  the  route,  auth-  Turn-outs  or 

.  .  .  sidings. 

orized  by  the  preceding  ordinance,  to  wit.  at  the  junction  of  Cen- 
tral avenue  with  Harford  avenue  and  upon  Fayette  street  be- 
tween Holliday  and  North  streets. 

128.  The  said  sidings  sliall  be  constructed  subject  to  theibid,8.2. 
provisions  as  to  drainage,  repairs,  and  construction,  to  the  ap-  how  constmct- 
proval  of  the  City  Commissioner,  as  embodied  in  the  preceding 
ordinance. 

129.  The  Baltimore  and  Hall  Springs  Railway  Company  no. 4?, June  9, 
is  relieved  from  its  accrued  indebteness  to  the  city  of  Baltimore  indebtedness  to 

city. 

upon  transfering  $6,243  jVjt  to  the  City  Register  for  account  of 
the  city  of  Baltimore,  tlie  amount  of  said  indebtedness  to  De- 
cember 31,  1873,  in  the  shares  of  the  capital  stock  of  said  com- 
pany ;  and  from  the  first  of  January,  1874,  until  the  first  of  park  t«x  after 
January,  1876,  the  said  company  is  relieved  entirely  from  the 
payment  of  the  park  tax,  and  thereafter  the  said  company  is 
required  to  pay  to  the  City  Register  out  of  its  gross  receipts, 
on  its  city  line,  such  proportion  of  park  tax  as  may  then  be 
required  by  existing  laws.     (See  p.  767,  ante.) 

130.  The  said  company  is  hereby  authorized  and  empower-  No.ioi.Mayas, 
ed  to  put  down  four  additional  switches,  in  connection  with  «wit«hes  on 

Harlord  avenue, 

their  track,  at  such  points  on  Harford  avenue,  Canal  street  or  <^entrai  avenue, 

'  r  7  Aisquitn  street, 

Central  avenue,  Aisquith  street  and  Fayette  street,  as  shall  be  *"^" 
designated  by  the  City  Commissioner,  said  tracks  or  switches 
to  be  laid  down  under  the  supervision  of  the  City  Commis- 
sioner, provided  that  no  additional  switch  shall  be  laid  down 
on  Fayette  street,  between  Gay  and  North  streets. 

BALTIMORE  AND  HERRING  RUN  RAILROAD. 

131.  By  ordinance  No.  99,  Nov.  1, 1873,  the  persons  named  no.  99,  Nov.  1, 
therein  and  others  were  authorized  and  empowered  to  lay  down  Tracks, 
and  construct  iron  railway  tracks,  single  or  double,  with  turn- 
tables at  either  end,  as  hereinafter  specified,  and  of  the  gauge 


Ilk 


778 


Railkoads, 


Article  XL. — Ordinances. 


of  other  passenger  railways  now  in  use  in  the  city  of  Balti- 
more, and  to  run  passenger  cars  thereon,  to  be  drawn  by  horses, 
through  and  on  the  following  named  streets.  That  is  to  say, 
commencing  at  the  eastern  limits  of  the  city,  at  Baltimore 
street,  and  running  thence  westerly  on  Baltimore  street  to 
Gist  street,  thence  northerly  on  Gist  street  to  Orleans  street, 
thence  westerly  on  Orleans  street  to  Forrest  street,  thence 
southerly  on  Forrest  street  to  Douglas  street,  thence  westerly 
on  Douglas  street  to  Chesnut  street. 


Ibid,  s.  2. 

Manner  in 
which  tracks 
shall  be  laid 


Proviso. 


Penalty. 


Ibid,  s.  3. 

Tracks  to  con- 
form to  grades 
of  streets. 


Free  of  snow, 
tie. 


132.  The  said  railway  track  shall  be  laid  down  and  con- 
structed subject  to  the  inspection  of  the  City  Commissioner, 
and  in  a  manner  receiving  his  approval,  and  so  as  not  to  im- 
pede or  obstruct  the  free  flow  of  water  in  the  streets  or  gutters, 
and  the  crossings  of  the  gutters  by  the  said  railway  tracks 
shall  be  covered  in  such  manner  and  to  such  extent  as  the 
City  Commissioner  may  direct;  provided,  that  in  the  event  of 
the  non-compliance  on  the  part  of  the  said  railroad  company  with 
the  provisions  of  this  section,  the  said  railroad  company  shall 
forfeit  and  pay  a  fine  of  not  less  than  ten  dollars  nor  more 
than  twenty  dollars,  for  every  gutter  not  covered  as  herein 
provided,  or  for  the  obstruction  of  the  free  flow  of  water  in 
every  gutter  so  covered,  and  to  forfeit  and  pay  an  additional 
fine  of  not  less  than  five  nor  more  than  ten  dollars  for  each 
and  every  day  such  non-compliance  may  continue  to  exist,  the 
said  fines  to  be  recovered  as  other  fines  are  recoverable. 

133.  The  said  railway  tracks  shall  be  made  to  conform  to 
the  grades  of  the  several  streets  occupied  by  them,  and  in  case 
the  said  grades  or  any  of  them  shall  hereafter  be  changed,  the 
said  company  shall,  at  its  own  expense,  make  corresponding 
alterations  of  the  said  tracks,  and  the  streets  aforesaid,  and 
through  which  the  said  tracks  may  be  laid  down,  shall  at  all 
times  be  kept  in  proper  repair,  and  free  from  snow  and  other 
obstructions,  at  the  expense  of  the  said  company,  not  only  be- 
tween the  tracks,  but  for  two  feet  beyond  the  outer  edge  thereof. 


Railroads.  779 

Article  XL. — Ordinances. 


134.  No  person  sliall  be  allowed  to  use  street  vehicles  on  ibid.s.  4. 

the  aforesaid  tracks  of  railway  to  the  hindrance  and  delay  of  Tracks  not  to  be 

used  by  ve- 

the  cars,  and  all  persons  who  shall  upon  the  call  or  signal  of  »"1m. 
any  driver,  conductor,  or  other  person  in  charge  of  a  car  pas- 
sing on  its  route,  wilfully  neglect  or  refuse  to  vacate  said 
tracks,  shall  be  subject  to  a  fine  of  not  more  than  ten  nor  less  penalty, 
than  five  dollars,  to  be  collected  according  to  the  provisions 
of  Article  XIX,  relating  to  Fines. 

135.  The  fare  for  transportation  of  a  single  passenger  from  ibid,  s.  s. 
terminus  to  terminus,  within  the  city  limits,  on  the  line  of  the  Fare, 
railway  by  this  ordinance  authorized  to  be  constructed,  shall 

not  exceed  the  sum  of  six  cents,  and  it  shall  be  the  duty  of 
the  president  or  other  proper  officer  of  the  said  Baltimore  and 
Ilerrinff  Run  Railroad  Company  to  present  quarterly  to  the  Quarterly  state - 
City  Register  a  statement  of  the  gross  receipts  accruing  on  the  Kegistor. 
passenger  travel  on  the  line  of  said  railway  from  terminus  to 
'    terminus,  within  the  limits  of  said  city,  and  to  accompany  said 
statement   with   the  aflidavit  of  the  person  making  the  same 
as  to  its  correctness,  and  to  pay  at  the  same  time  to  the  City 
Register  for  the  use  of  tiie  park  fund,  one-fifth  [now  twelve  Tax. 
per  centum,  see  p.  767  ante]  of  said  gross  receipts,  and  for  each 
car  in  daily  use  on  the  route  of  said  railway,  the  said  company 
shall  pay  annually  to  the  City  Comptroller  a  license  of  twenty  License, 
dollars    [now   five,   see   p.   768   ante]    and   the  cars  of  said 
railway  and  the  running  of  the  same  shall  be  subject  to  all 
the  police  regulations  of  the  city  of  Baltimore,  made  and  pro. 
vided  in  such  cases.  ^ 

136.  The  said  company  shall  commence  the  work  of  lay-  iwd,  s.  c. 
ing  down  and  constructing  the  railway  tracks  aforesaid  within  completion  of 
ninety  days,  and  shall  complete  the  said  work  and  commence 

the  regular  running  of  cars  within  one  year  from  and  after 
the  approval  of  this  ordinance,  otherwise  the  rights  and  privi- 
leges herein  erranted  shall  be  null  and  void. 


780  Kait.roads. 

Article  XL. — Ordinances. 


Ibid,  s.  7.  137.     The  said  company  shall,  before  commencing  the  work 

Bond.  of  constructing  the  railway  tracks  as  aforesaid,  file  with  the 

City  Comptroller  a  bond  to  the  Mayor  and  City  Council  of 
Baltimore,  to  be  approved  by  him,  in  the  sum  of  twenty 
thousand  dollars  as  a  consideration  for  the  faithful  performance 
of  all  obligations  and  liabilities  contained  in  this  ordinance. 

BALTIMORE  AND  RANDALLSTOWN  RAILROAD. 

No.  68,  May  24,      leS8.     The  Baltimore  and  Kandallstown  Railroad  Company* 
Tracks.  is  hereby  authorized  and  empowered  to  lay  down  and  construct 

a  single  iron  railway  track  with  necessary  sidings,  and  to  run 
passenger  cars  thereon  drawn  by  horses  through  and  on  the 
following  avenues  and  streets  ;  commencing  at  a  point  on  Ful- 
ton avenue  where  the  Baltimore  and  Liberty  Turnpike  Com- 
pany crosses  the  same,  and  running  thence  northwardly  on 
Fulton  avenue  to  its  intersection  with  Baker  street,  and  thence 
eastwardly  on  Baker  street  to  Pennsylvania  avenue. 

Ibid,  s.  2.  139.     The  said  railway  track  shall  be  laid  down  and  con- 

Tracic  to  he  laid  structed  subjcct  to  the  inspection  of  the  City  Commissioner 

subject  to  ap-  '  '' 

provai  of  ciiy  and  iu  a  manner  receiving  his  approval,  and  so  as  not  to  im- 
pede  or  obstruct  the  freeflow  of  water  in  the  streets  or  gutters, 
and  the  crossings  of  the  gutters  by  the  said  railway  track  shall 
be  covered  in  such  manner  and  to  such  extent  as  the  City  Com- 
missioner may  direct. 

*  Tlie  subscription  book  of  this  railroad  incorporated  as  the  "  Baltimore 
and  Randallstown  Railroad,"  was  headed  as  follows:  "Baltimore  and 
Randallstown  Railroad."  We,  the  undersigned,  whose  names  are  hereto 
affixed  do  hereby  agree  to  subscribe  to  the  amount  of  stock  set  opposite  our 
names  in  the  capital  stock  of  the  Baltimore  and  Randallstown  Horse  Rail- 
road, &c.  Held:  that  the  introduction  of  the  additional  word  in  the  name 
could  not  mislead  a  subscriber,  and  that  the  subscription  would  have  been 
valid,  even  if  the  true  name  had  been  omitted  from  the  commencement  of 
the  heading.  Oler  v.  B.  &  B.  R.,  41  Md.  583.  See  this  case  as  to  incor- 
porating horse  railways  under  act  of  1870,  c.  476,  amended  by  1876,  c.  342, 
authorizing  construction  of  railroads. 


r 


Railroads.  781 

Article  XL. — Ordinances. 


140.  The  said  railway  tracks  shall  be  made  to  conform  toiwd.s.  3. 
thesrrade  of  the  several  streets  occupied  by  them,  and  in  case  to  correspond 

_    "  r  ./  J  to  the  grade  of 

said  grades  or  any  of  them  shall  hereafter  be  changed,  the  said  «'««"• 
company  shall  at  its  own  expense  make  corresponding  altera- 
tions of  the  said  tracks:    and  the  streets  aforesaid  through  streets  to  be 

"      kept  paved  and 

which  the  said  tracks  shall  be  laid  down  shall  at  all  times  \)q  in  proper  rep&u 
kept  paved  and  in  proper  repair  and  free  from  snow  and  other  JVee  from  snow, 
obstruction,  at  the  expense  of  the  said  company,  between  the 
tracks  and  for  tw^o  feet  beyond  the  outer  edge  thereof. 

141.  No  person  shall  be  allowed  to  use  street  vehicles  on  iwd,  ss.  4, 5. 
the  aforesaid  tracks  of  railway  to  the  hindrance  and  delay  of  street  vehicle* 

prohibitetl  from 

the  cars,  and  all  persons  who  shall,  upon   the  call  or  sign  of "»'"' '"<=''• 
any  driver,  conductor  or  other  person  in  charge  of  a  car  pas- 
sing upon  its  route,  wilfully  neglect  or  refuse  to  vacate  said 
tracks,  shall  be  subject  to  a  fine  of  not  more  than  ten  nor  less  Penalty, 
than  five  dollars.     Said  railway  shall  be  subject  to  the  police 
regulations  of  the  city  of  Baltimore,  made  and  provided  for  in  Police  reguu- 
such  cases,  and  shall  be  subject  to  removal  by  receiving  six 
months'  notice  from  the  Mayor. 

BALTIMORE  AND  OHIO  RAILROAD. 

142.  Ordinance  No.  28,  March  28,  1829,  enacted  the  fol- No.  28,  Mar.  as, 

'09. 

lowing:    the   president  and  directors  of  the  Baltimore   and  Authorized  to 

introduce  rail- 

Ohio  Railroad  Company  are  hereby  authorized  to  introduce 'o»'i''»'">city. 
and  construct  said  road  from  the  first  stone,  at  the  western 
l)oundary  of  the  city,  to  Baltimore  street,  along  or  near  to  the 
line  as  laid  down  by  the  board  of  engineers,  in  their  report, 
dated  January  31,  1829,  a  copy  of  which  report,  with  the  seal 
of  the  said  company,  and  the  plats  and  documents  accompany- 
ing the  same,  shall  be  tiled  in  the  Register's  office;  provided, 
the  president  and  directors  in  the  construction  of  said  road 
shall  not  deviate  from  the  elevation  of  sixty-six  feet,  as  desig- 
nated by  said  report.* 


'  This  ordinance  recites  that  the  president  and  directors  of  the  Baltimore 


782 


Railroads. 


Article  XL. — Ordinances. 


No.  18,  3.  1, 
Apr.  4,  "SI. 
From  depot  to 
city  property 
east  of  Jones' 
falls. 


Ibid  8.  3. 


On  Camden 
street. 


143.  The  Baltimore  and  Ohio  Railroad  Company  are 
hereby  authorized  to  introduce,  construct  and  lay  down  a 
single  track  of  railroad  or  railway,  of  stone  or  iron,  or  of  both, 
from  the  depot  [removed]  on  Pratt  street,  and  thence  along  the 
centre  of  Pratt  street  to  President  street  to  the  property  of  the 
city  on  the  east  side  of  Jones'  Falls ;  provided,  that  said  track 
or  railway  be  completed  before  October  1,  1832.* 

144.  The  Baltimore  and  Ohio  Railroad  Company  are  here- 
by also  authorized  to  introduce,  construct  and  lay  down  a 
single  track  of  railroad  or  railway,  of  stone  or  iron,  or  both, 


and  Ohio  Railroad  Company,  have,  by  a  communication  dated  February 
3d,  and  a  resolution  of  February  7th,  1829,  requested  permission  of  this 
corporation  to  introduce  the  main  stem  of  the  said  road  within  the  limits  of 
the  city,  and  the  said  president  and  directors  having  also  furnished  a  copy 
of  the  report  of  the  board  of  engineers  of  said  company  to  the  president 
and  directors,  dated  January  31st,  1829,  in  which  the  route  of  the  said  road 
is  laid  down  from  the  first  stone  to  the  Belair  road. 

1827,  c.  209,  enacted  that  it  shall  and  may  be  lawful  for  the  president  and 
directors  of  the  said  company  to  begin  the  said  railroad  at  any  point  within 
the  said  city  of  Baltimore,  which  they  may  think  proper,  and  to  make  and 
extend  the  said  road  from  such  point  to  the  outer  limits  of  the  said  city,-  and 
that  the  same  powers,  rights  and  privileges  shall  be  and  are  hereby  granted 
to  the  aforesaid  company,  within  the  limits  of  the  city  of  Baltimore,  in 
relation  to,  and  in  connection  with,  the  said  railroad  within  the  said  city,  as 
are  granted  to  them  in  relation  to,  and  in  connection  with,  the  said  railroad 
in  any  other  part  of  the  State ;  and  the  said  company  shall,  within  the  said 
city,  be  subject  to  the  same  obligations  that  are  imposed  on  them  in  other 
parts  of  the  State,  by  the  original  act  to  which  this  is  a  supplement,  (1826,  c. 
123  ;)  provided,  always,  that  the  said  road  to  be  constructed  within  the  said 
city,  shall  be  so  constructed  and  made  as  not  to  tnterfere  with  the  free  use 
and  traveling  on  said  streets;  and  provided,  also,  that  the  said  railroad  shall 
not  pass  through  any  of  the  streets,  lanes  or  alleys  of  said  city,  without  the 
consent  of  the  Mayor  and  City  Council  of  Baltimore  being  first  had  and 
obtained. 

*By  ordinance  No.  57,  June  11th,  1847,  the  Baltimore  and  Ohio  Railroad 
Company  was  released  from  the  obligation  in  the  above  section,  to  continue 
the  use  of  stone  in  the  repairs  or  reconstruction  of  the  company's  tracks 
within  the  city — and  permission  was  given  to  use  timber  in  the  repairs  or  re- 
construction of  said  tracks ;  provided  that  the  said  tracks  be  graded  accord- 
ing to  resolution  No.  122,  approved  April  22d,  1846. 


Kailboads.  783 

Article  XL. — Ordinances. 


along  the  centre  of  Caniden  street,  from  the  west  of  Light 
street  to  the  centre  of  Paca  street,  or  along  any  part  of  it 
which  they  may  deem  necessary ;_ and  to  continue  such  track, 
if  they  shall  find  it  convenient  and  practicable  so  to  do,  from 
the  centre  of  l^aca  street  westwardly  along  the  centre  of  or 
across  any  street  or  streets,  or  other  ground  on  or  over  which 
the  Mayor  and  City  Council  may  lawfully  grant  such  permis- 
sion, to  either  of  the  depots  of  the  said  company,  near  Pratt 
street.  And  the  said  company  may  also  by  similar  tracks 
along  the  centre  of  Charles  street,  Howard  street  and  Paca 
street,  or  any  of  them,  connect  the  tracks  on  Pratt  street  and  Pratt  and  cam- 

den  streets  cou- 

Camden  street,  at  any  one  or  more  places  as  they  may  nnd  it  nected. 
to  be  necessary.* 

145.     The  said  Baltimore  and  Ohio  Railroad  Company  areibid, s. s. 
hereby  further  authorized  to  introduce,  construct  and  lay  down  on  Green  to 

1  1        n         •!  1  -1  I'  '  LI      '"'ranklin  street, 

a  Single  track  of  railroad  or  railway,  oi  stone  or  iron,  or  both,  &c. 
from-the  intersection  of  Pratt  and  Green  streets,  along  the  cen- 
tre of  Green  street  to  Franklin  street,  thence  along  Franklin  to 
Eutaw  street,  thence  southwardly  along  Eutaw  to  Camden  street. 

446,     Should  the  said  Baltimore  and  Ohio  Railroad  Com- iwd.s.  4. 
pany  fail  to  construct  the  track  down  Pratt  street  to  the  city  The  comnaoy 

n     1    •       '  •  -1  not  complying. 

property,  at  the  time  specified  in  section  143,  then  all  the 
rights  and  privileges  granted  by  this  ordinance  to  the  Baltimore 
and  Ohio  Railroad  Company  shall  cease  and  be  of  no  avail.f 

*  No.  6,  April  3, 1850,  repealed  so  much  of  the  second  section  of  the  or- 
dinance as  authorized  a  track  in  Camden  street ;  provided,  however,  that 
should  a  majority  of  the  property  owners  on  said  street  desire  a  track,  the 
same  to  be  constructed  by  the  said  Baltimore  and  Ohio  Railroad  Company. 

For  other  streets  than  above  mentioned,  see  1831,  ord.  No.  34;  1832,  res. 
No.  33 ;  1832,  ord.  No.  41,  ord.  No.  42 ;  1833,  ord.  No.  26 ;  1836,  ord.  No.  42 ; 
1737,  ord.  No.  36,  No.  41 ;  1838,  ord.  No.  1,  No.  7;  1843,  ord.  No.  9;  1845, 
ord.  No.  21,  No.  37. 

t  By  Res.  No.  33,  Mar.  31,  '32,  it  was  provided  that  the  track  of  railway 
authorized  to  be  laid  down  and  constructed,  by  virtue  of  the  provisions  of 
this  ordinance,  might  be  made  of  wood  from  Stiles  street  to  the  city  property, 


784 


Railroads. 


Article  XL. — Ordinances. 


Ibid,  8.  5. 

On  Howard  and 
Liberty  to  Bal- 
timore street. 


On  Baltimore 
street  to  city 
property  east 
of  Jones'  falls. 


Proviso. 


Track  com- 
pleted. 


Ibid,  s.  6. 

On   High,    Hil- 
len   and  Exeter 

streets. 


Ibid,  s.  7 
Turnouts. 


Ibid,  s.  8. 

Cars  drawn   by 
animal  power. 


147.  The  Baltimore  and  Ohio  Railroad  Company  are  here- 
by authorized  to  construct  and  lay  down  a  single  track  of  rail- 
way, of  iron  or  stone,  or  both^  commencing  with  the  same  at 
the  intersection  of  Pratt  and  Howard  streets,  north  on  How- 
ard street  to  Liberty  street,  and  along  on  Liberty  street  to 
the  centre  of  Baltimore  street,  and  east  along  the  centre  of 
Baltimore  street  to  Exeter  street,  and  by  said  street  to  the  city 
property  on  the  east  of  Jones'  Falls :  or  the  railroad  may,  at 
their  option,  commence  a  track  of  railway  at  the  intersection 
of  Eutaw  and  Baltimore  streets,  thence  down  the  centre  of 
Baltimore  street  to  Exeter,  and  by  said  street  to  the  city 
property  on  the  east  of  Jones'  Falls ;  provided,  that  whenever 
the  said  company  shall  commence  the  said  track,  either  from 
Pratt  or  Eutaw  street,  they  shall  complete  the  same  through- 
out its  whole  extent,  as  described  in  this  section,  within  three 
years  from  said  commencement. 

148.  The  Baltimore  and  Ohio  Railroad  Company  are  here- 
by authorized  to  construct  and  lay  down  a  single  track  of 
railway,  of  iron  or  stone,  or  of  both,  commencing  at  the  in- 
tersection of  Baltimore  and  High  streets,  thence  along  the 
centre  of  High  street  to  the  centre  of  Hillen  street,  thence 
to  the  centre  of  Exeter  street,  and  down  the  centre  of  said 
street  till  it  unites  with  the  railway  at  the  intersection  of 
Baltimore  and  Exeter  streets. 

149.  The  Baltimore  and  Ohio  Railroad  Company  shall 
construct  as  many  turn-outs  at  the  intersections  of  such  streets, 
and  also  along  the  line  of  the  railway  hereby  authorized,  as 
this  corporation  may  at  any  time  require  or  authorize. 

150.  All  and  every  car,  wagon  or  other  vehicle,  which  may 
pass  on  any  of  the  railways  authorized  to  be  constructed  by 


on  the  east  side  of  Jones'  Falls,  and  the  time  limited  by  the  said  ordinance 
for  completing  the  said  track  to  the  said  property,  was  extended  to  three 
months  after  President  street  should  be  graded  from  Stiles  street  to  the  said 
property. 


Eailboads.  786 

Article  XL. — Ordinances. 


this  ordinance,  shall  be  drawn  by  animal  power,  and  not 
drawn  or  propelled  by  steam ;  and  shall  be  at  a  rate  not  ex- 
ceeding three  miles  per  hour,  for  wagons  or  other  vehicles  of  speed  reguia- 
burden  ;  and  for  passenger  cars,  at  such  rate  as  may  be  ap- 
proved of  from  time  to  time  by  the  Mayor  and  City  Council, 
under  a  penalty  of  five  dollars  for  each  offence,  to  be  sued  for  penalty, 
and  recovered  as  other  fines  and  forfeitures  are  recovered. 

151.  The  rate  at  which  passenger  cars  may  pass  on  any  iwd,  s.  9, 
track  or  railways  shall  not,  until  otherwise  permitted,  exceed  passenger  cars 
six  miles  per  hour,  under  the  penalty  imposed  by  the  preced- 
ing section. 

152.  If  at  any  time  after  the  construction  of  the  aforesaid  iwd,  b.  10. 
railways,  by  the  president  and  directors  of  the  Baltimore  and  Rails  and  ob- 
Ohio  Railroad  Company,  it  shall  appear  to  the  Mayor  and 

City  Council  of  Baltimore,  that  the  said  railways,  or  any  part 
thereof,  shall  constitute  an  obstruction  or  impediment  to  the 
ordinary  use  of  any  street  or  streets,  of  which  the  said  Mayor 
and  City  Council  shall  be  the  sole  judges,  the  directors  afore- 
said shall,  on  the  requisition  of  the  Mayor,  either  forthwith 
provide  a  remedy  for  the  same  satisfactory  to  the  said  Mayor 
and  City  Council ;  or  if  they  fail  to  find  such  remedy,  they 
shall,  within  one  month  after  receiving  snch  requisition,  pro- when  may  bo 

,,..,.  J  1  removed. 

ceed  lo  remove  such  obstruction  or  impediment,  and  to  replace 
the  street  or  streets  in  the  same  condition  in  which  they  were 
before  the  railway  was  laid  down  ;  and  should  the  said  presi- 
dent and  directors  decline  or  neglect  to  obey  the  requisition 
of  the  Mayor,  the  Mayor,  after  having  given  one  month's  Notice. 
notice,  shall  cause  the  obstructions  or  impediments  to  be  re- 
moved, and  the  original  condition  of  the  street  or  streets 
restored  at  the  expense  of  the  said  president  and  directors. 

153.  The  right  to  connect  tracks  of  railways  within  the  ibid,  s.n. 
city  with  the  main  stem  of  the  Baltimore  and  Ohio  railroad,  to  construct 

,  ,     railways  within 

or  on  any  of  its  branches,  as  may  be  deemed  expedient,  is  city  reserved, 
hereby  reserved  to  and  by  the  Mayor  and  City  Council  of 


786  Raileoads. 

Article  XL. — Ordinances. 


Baltimore ;  and  this  corporation  shall  also  have  the  right  of 
Collecting  toll,  charging  and  collecting  a  toll  upon  all  cars,  wagons  and  ve- 
hicles, which  may  pass  upon  any  track  or  tracks  so  constructed. 

Ibid,  s.  13.  154.     The  right  to  pass  and  enforce  all  such  ordinances  as 

Railway  to  be    may  bc  uccessarv  for.  the  purpose  of  having  all  and  every 

kept  in  repair.  '  . 

track  or  tracks  of  railway  hereafter  to  be  made  within  the 
city  by  the  Baltimore  and  Ohio  Railroad  Company,  maintain- 
ed and  kept  in  good  order  and  repair,  at  the  cost  and  charge 
of  the  said  company,  is  hereby  reserved  to  the  Mayor  and  City 
Council  of  Baltimore.* 


No.  34,  Apr.  25,      155,     The  president  and  directors  of  the  Baltimore   and 

'31.  .  ,  ^ 

To  lay  rails  in  Oliio  Railroad  Company  are  hereby  authorized  to  introduce, 

certain  streets. 

construct  and  lay  down  a  single  track  of  railroad  or  railway, 
of  stone  or  iron,  or  wood,  or  of  all  or  either  of  them,  from  the 
railroad  or  railway  of  the  Baltimore  and  Ohio  Railroad  Com- 
pany, at  the  intersection  of  Pratt  and  Cove  streets,  or  at  the 
intersection  of  Cove  and  Portland  streets;  thence  northerly 
along  the  centre  of  Cove  street  to  Saratoga  street ;  thence 
eastward  ly  along  the  centre  of  Saratoga  street  to  Chats  worth 
street;  thence  northerly  along  the  centre  of  Chatsworth  street 
to  its  intersection  with  George  and  Biddle  streets;  thence 
easterly  along  the  centre  of  Biddle  street  to  the  property  of 
the  city  known  by  the  name  of  the  old  Almshouse  lot ;  and 
with  the  consent  of  the  Baltimore  and  Susquehanna  Railroad 
Company  first  had  and  obtained,  to  unite  the  same  with  the 
Baltimore  and  Susquehanna  Railroad. 

Ibid,  s.  2.  156.     All  limitations,  reservations,  stipulations,  restrictions 

How  governed,  and  regulations  contained  in  ordinance  No.  18,  April  4,  1831, 

[Sec.    143,  &c.,]   and   applicable  to  any  of   the    permissions 

*By  Res.  No.  231,  May  9, '67,  the  City  Commissioner  was  directed  to 
notify  the  proper  officers  of  the  Baltimore  and  Ohio  Railroad  Company  to 
have  the  track  formed  by  stone  on  south  Paca  street,  between  Baltimore 
and  Pratt  streets,  removed  in  accordance  with  this  ordinance,  sec.  152. 


Kailroads.  787 

Article  XL. — Ordinances. 


granted  thereby,  or  to  any  of  the  railways  mentioned  therein, 
or  to  the  use  of  or  travel  upon  the  same,  shall  extend  and  apply 
to  the  permission  given  and  the  railway  authorized  by  this 
ordinance,  and  to  the  use  of  and  travel  on  the  same,  as  fully 
as  if  they  were  here  at  large  repeated  and  set  out,  except  that 
the  railway  hereby  authorized  may  be  of  wood,  and  that  there 
shall  be  no  time  limited  for  the  completion  thereof. 

157.     Whenever   the  City  Commissioner  shall  receive  an  no.  41,  Apr.  e, 

'32. 

application,  in  writing,  to  that  effect  from  the  owner  or  owners  city  commis- 
of  the  major  part  in  extent  of  front  feet  of  the  lots  fronting  re°pecuo"raH-'* 

1       •  1         /»      1         /»  11         •  1  Ml  •         T-»  ways  connecU 

on  each  side  of  the  folio wmg  described  streets,  to  wit :  Paca  '"«  wuh  main 
street,  north  of  Pratt  street ;  Howard*  street,  north  of  Pratt 
street;  in  Green  street,  from  Pratt  street  to  Franklin  street; 
along  said  street  to  Eutaw,  and  in  Green  street,  south,  to  Co- 
lumbia street;  Franklin  streat,  between    Howard   and  Eutaw 


*  By  ordinance  No.  89,  June  10,  1864,  it  was  provided  that :  Wlienever  a 
majority  of  the  property  holders,  proprietors  of  the  railway  track  on  Howard 
street,  between  Pratt  and  Franklin  streets,  should  convey  to  the  Mayor  and 
City  Council  of  Baltimore  all  right  and  title  they  held  or  ever  possessed  in 
said  railway  track,  constructed  under  an  ordinance  approved  April  6th, 
1832,  No.  41,  (sees.  157-1G3,)  and  when  such  conveyance,  properly  authenti- 
cated and  approved  by  the  City  Counselor,  have  been  deposited  with 
tlie  Register  of  the  City,  then  the  Baltimore  and  Ohio  Railroad  Company 
were  authorized  and  empowered,  with  the  authority  of  the  Mayor,  to 
take  possession  of  the  railway  track,  as  aforesaid,  to  hold  and  enjoy  the 
same  as  their  property  as  fully  as  should  any  portion  of  their  road,  entitled 
to  all  the  privileges  and  subject  to  all  the  penalties  conferred  and  imposed 
on  said  company  by  its  charter  and  the  supplements  thereto,  and  to  any 
ordinances  of  the  city  of  Baltimore,  relating  to  railway  tracks  within 
the  city  limits;  provided  the  said  company  reconstructed  the  railway 
track  as  aforesaid  within  six  months  from  their  acceptance  of  the  same ;  the 
work  of  reconstruction  to  be  done  under  the  direction  and  supervision  of 
the  City  Commissioner;  and  that  in  the  event  of  the  conveyance  of  the 
railway  track  as  aforesaid,  then  and  in  that  case  said  company  should 
deliver  tonnage  to  all  persons  doing  business  on  the  line  of  said  track, 
coming  from  the  road  of  said  company,  as  was  the  custom;  and  to  continue 
to  deliver  tonnage  as  aforesaid,  on  the  same  terms,  and  as  long  as  said  com- 
pany should  deliver  tonnage  in  other  parts  of  the  city. 

And  by  ordinance  No.  12,  April  4,  1862,  the  Baltimore  and  Ohio  Railroad 


788  Eailkoads. 

Article  XL. — Ordinances. 


streets  ;  Baltimore  street,  between  Faca  and  Eutaw  streets ; 
Eutaw  street,  between  Franklin  and  Pratt  streets ;  Patterson 
street ;  Cheapside  street;  Mill-  street;  Cable  street,  from  Pat- 
terson to  Commerce  street ;  Commerce  street,  soutli  of  Pratt 
street,  or  South  street,  south  of  Pratt  street ;  or  the  owners  of 
the  major  part  in  extent  of  front  feet  of  the  lots  on  the  western 
and  southern  fronts  of  Bowly's  wharf,  he  is  hereby  authorized 
and  directed  to  contract  with  the  Baltimore  and  Ohio  Kail- 
road  Company,  to  slope  down  and  construct  a  single  track  of 
branch  railway  of  iron,  or  of  stone,  or  of  both,  in  any  and 
every  of  the  aforesaid  streets,  or  parts  of  them,  to  which  any 
such  application  may  refer,  in  the  same  manner  in  which  the 
main  stem  of  the  said  railroad  in  Pratt  street  is  now  laid  down 
and  constructed  ;  or  if  the  said  company  should  refuse  to  enter 

Company  was  authorized,  under  the  superintendence  of  the  City  Commis- 
sioner, to  remove  tlie  railroad  track  on  Howard  street,  south  of  Franklin 
street,  and  to  construct  a  new  and  substantial  track  in  place  thereof,  of  wood 
and  iron,  and  to  connect  the  Howard  street  track,  south  of  Lee  street,  with 
the  track  of  the  said  company  in  Ohio  avenue,  with  the  consent  of  the  owner 
or  owners  of  the  property  over  which  it  might  be  necessary  to  pass  in  making 
such  connection. 

The  said  company  was  thereby  authorized  to  use  locomotive  engines,  pro- 
pelled by  steam,  for  the  transmission,  when  absolutely  necessary,  of  govern- 
ment freight,  upon  the  railroad  track  between  Bolton  Depot  and  Camden 
Station,  and  upon  the  connection  with  the  track  in  Ohio  avenue,  at  a  speed 
not  exceeding  four  miles  an  hour;  provided  that  the  bell  of  the  engine  was 
rung  during  the  passage  thereof  between  the  said  points ;  and  further,  the 
use  of  steam,  except  for  army  purposes,  was  thereby  restricted  to  the  hours 
between  eleven  o'clock  P.  M.  and  sunrise,  during  which  time  the  ringing  of 
the  bell  of  the  engine  should  be  dispensed  with,  and  a  man  employed, 
whenever  the  train  was  in  motion,  during  the  day  or  at  night,  to  precede  it  on 
horseback,  for  the  purpose  of  keeping  the  track  clear. 

For  every  violation  of  any  of  the  provisions  of  the  preceding  two  sections^ 
the  said  company  to  forfeit  and  pay  twenty  dollars,  to  be  recovered  before  a 
justice  of  the  peace  of  said  city;  and  further,  the  owners  and  occupiers  of 
property  connected  with  the  railway  track  on  Howard  street,  not  to  be 
deprived  of  any  rights  or  privileges  existing  and  enjoyed  at  the  time  of  the 
passage  of  this  ordinance. 

The  railroad  on  Howard  street,  north  of  Baltimore  street,  was  removed 
under  a  resolution  of  May,  1869. 


Kailboads.  789 

Article  XL. — Ordinances. 


into  such  contract,  or  the  applicant  should  prefer  it,  the  said 
commissioner  may  contract  with  any  other  person  or  persons, 
or  company,  to  lay  down  and  construct  the  said  railways  so 
applied  for,  provided  they  be  constructed  in  the  same  manner 
as  the  said  main  stem  is  now  constructed,  and  he  is  hereby 
authorized,  in  either  case,  under  the  superintendence  of  the 
Baltimore  and  Ohio  Railroad  Company,  to  fix  and  construct 
as  many  turn-outs  or  turn-abouts  on  the  said  main  stem  as 
may  be  necessary  to  connect  the  said  main  stem  with  the  said 
branch  railways,  or  from  Pratt  street  along  Light  street  wharf 
to  Lee  street.* 

158.     Whenever  the  City  Commissioner  shall  have  entered  iwd,  8.2, 
into  any  contract  as  aforesaid,  it  shall  be  his  duty  to  assess  the  Mode  of  assess- 

ing  expense  of 

entire  cost  of  any  such  track,  and  all  the  expenses  incident  to  railway, 
its  construction,  upon  all  the  property  fronting  upon  that  part 
of  either  of  the  said  streets  in  which  it  may  be  constructed, 
together  with  the  commission  of  the  City  Collector,  for  collect- 

*  Tliis  ordinance  recites  that  it  has  always  been  the  intention  of  the  corpo- 
ration to  provide  for  the  (distribution  of  the  trade  coming  upon  the  railroads, 
tliroughout  the  whole  of  the  city,  as  improved,  so  far  as  it  may  be  practi- 
cable ;  and  that  the  Legislature  have  authorized  and  directed  the  Mayor 
and  Oity  Council  to  provide  for  the  construction  of  railways  throughout  the 
city;  and  that  the  Baltimore  and  Ohio  Railroad  Company  have,  through 
their  president,  expressed  their  disposition  to  give  every  reasonable  facility 
in  their  power  to  the  extension  of  the  trade  of  the  Baltimore  and  Ohio  Rail- 
road along  any  line  of  branch  railway  which  the  city  may  authorize  to  be 
connected  with  their  main  stem ;  provided,  that  such  railways  be  so  con- 
structed as  to  afford  the  same  economy  and  facility  for  traveling  as  the  main 
line  of  the  road,  and  in  such  manner  as  not  to  occasion  additional  cost  or 
inconvenience  to  the  company. 

Ordinance  No.  25,  April  9,  1832,  provided :  That  whenever  the  City  Com- 
missioner should  receive  an  application  in  writing  to  that  effect,  from  the 
owner  or  owners  of  the  major  part  in  extent  of  front  feet  of  the  lots  fronting 
on  each  side  of  the  intersection  of  Green  and  Franklin  streets,  up  Franklin 
street  to  Eutaw  street,  he  was  authorized  and  directed  to  contract  with 
the  Baltimore  and  Ohio  Railroad  Company  to  lay  down  and  construct  a 
single  track  of  branch  railway  of  iron,  or  of  stone,  or  of  both,  in  the  same 
manner  and  on  the  same  terms  and  conditions  as  is  contained  in  the  above 
ordinance. 


790 


Railroads. 


Article  XL. — Ordinances. 


ing  the  same ;  but  in  no  case  shall  the  said  owners  be  charged 
for  taking  up  the  stone  pavement  and  repairing  the  same  to 
a  greater  extent  in  width  than  eleven  feet. 


Ihi(l,s.  3. 

Of  coUecting 
such  assess- 
meDt. 


159.  The  said  commissioner  shall  first  make  out  a  correct 
list  of  the  names  of  all  the  owners  of  said  property  fronting  on 
each  side  of  the  said  street  or  streets,  or  part  of  it,  or  them, 
and  the  amount  to  be  assessed  to  every  such  owner  or  owners 
shall  be  in  proportion  to  the  number  of  front  feet  owned  by 
him,  her,  or  them,  on  the  said  street  or  part  of  a  street ;  and 
the  said  list  of  names,  together  with  the  amount  assessed  to 
each,  shall,  without  delay,  be  handed  by  him  to  the  City  Col- 
lector, who  shall,  as  soon  as  practicable  thereafter,  collect  the 
same,  in  the  same  manner  in  all  respects  as  the  city  taxes  are 
collected,  and  when  collected  pay  the  same  to  ihe  Register  of 
the  City ;  and  the  said  commissioner  is  hereby  authorized, 
with  the  approbation  of  the  Mayor,  from  time  to  time,  to  draw 
upon  the  Register  for  the  amount  of  the  said  funds. 

160.  Whenever  it  may  be  necessary  or  proper,  in  the 
opinion  of  the  City  Commissioner,  to  alter  the  grade  of  any  of 
the  said  streets,  or  of  any  part  or  parts  of  any  of  them,  he  is 
hereby  authorized  and  empowered  to  make  the  said  alteration 
or  alterations,  provided  an  instrument  or  instruments  of  writ- 
ing, to  be  approved  by  the  City  Solicitor,  shall  be  first  exe- 
cuted and  filed  in  the  Register's  office,  containing  the  assent 
of  the  owner  or  owners  of  .a  majority  of  front  feet  of  the  prop- 
erty to  be  affected  by  such  alteration,  and  binding  the  said 
owners,  or  one  or  more  of  them,  or  any  other  person  who  may 
assume  the  responsibility,  and  whose  solvency  shall  be  approved 
by  the  Mayor,  to  pay  the  whole  damages  and  cost  of  such  alter- 
ation. 

161.  The  owners  of  the  property  on  the  north  side  of  Pratt 
Private  railway  strcct,  south  of  Carpcutcr's  alley,  between  Paca  street  and 

authorized.  i  i  i        •        i 

Green  street,  are  hereby  authorized  to  construct  a  track  of 


Ibid,  s.  4. 

Grade  of 
streets,  how 
altered. 


Ibid,  s.  5. 


Railroads.  791 

Article  XL. — Ordinances. 


railway,  subject  in  all  respects,  as  far  as  may  be,  to  the  provi- 
sions of  this  ordinance,  from  the  main  stem  of  the  Baltimore 
and  Ohio  railroad,  opposite  the  said  property,  to  the  centre  of 
a  street  forty  feet  wide,  which  they  have  proposed  to  lay  out 
in  said  property,  running,  as  designated  on  the  accompanying 
plat,  from  the  letter  A  to  the  letter  B,  provided  the  said  new 
street  be  paved  under  the  direction  of  the  City  Commissioner, 
conformably  to  the  ordinances  of  the  city,  simultaneously  with 
the  construction  of  the  said  railway  thereupon,  and  flagstones 
be  placed  across  the  said  new  street,  where  it  will  intersect 
Pratt  street,  at  the  sole  expense  of  the  said  owners ;  and  the 
said  track  of  railway  shall  be  connected  with  the  said  main 
stem,  at  a  point  immediately  opposite  the  centre  of  said  new 
street,  by  a  turn-about ;  and  for  the  purpose  of  designating  the 
course  and  situation  of  the  said  new  street,  the  accompanying 
plat  shall  be  filed  in  the  Register's  oflSce,  and  be  deemed  and 
considered  a  part  of  this  ordinance. 

162.  All  the  railways  authorized  to  be  made  by  this  ordi- ibid,  s.  6 
nance  siiall  be  so  laid  down  and  constructed  as  not  to  inter- Gutters  not  to 

,  .  i«     1  •  1  ''^  obstructed. 

rupt  the  tree  passage  ot  the  water  m  any  gutters  ut  the  said, 
streets,  or  of  any  other  street ;  and  the  Mayor  and  City  Coun- 
cil may  remove  any  railway  made  in  violation  of 'this  ordi- 
nance at  the  expense  of  the  holders  of  the  same  property 
which  was  assessed  for  its  construction. 

163.  The  owners  of  the  lumber  yard  in  Pratt  street,  occu-  iwd,  s.  ?. 
pied  by  A.  G.  Cole,  Coates  &  Co.,  are  hereby  authorized  to  Private  railway 

i  J  '  '    _  -^  authorized. 

construct  a  railway  from  the  said  main  stem,  to  and  into  the 
said  lumber  yard,  subject,  as  far  as  may  be,  to  all  the  general 
provisions  of  this  ordinance.  The  tracks  of  the  railway  in 
Ellicott  street  and  Hollingsworth  street  shall  be  hereafter  con- 
sidered and  treated  in  the  same  manner,  to  all  intents  and  pur- 
poses, as  if  they  had  been  laid  down  and  constructed  under  the 
provisions  of  this  ordinance. 


I 


792  Railkoads. 

Article  XL. — Ordinances. 


No.  48,  si,  164.     Whenever  the  City  Commissioner  shall  receive  an 

May  24,  '63  ... 

What  railways  application  in  writint'  to  that  effect,  from  the  owner  or  owners 

may  be  con-  . 

structed.  of  the  major  part  in  extent  of  front  feet  of  the  lots  fronting  on 

each  side  of  Clement,  River,  Jackson,  Belt,  Great  Hughes, 
Light,  Hill  and  Lee  streets,  and  any  streets  lying  between 
either  of  them,  or  from  the  major  part  in  extent  of  front  feet  of 
the  lots  fronting  on  each  side  of  such  part  or  parts  of  either  of 
the  said  streets  or  intermediate  streets  through  which  it  may 
be  intended  to  make  a  branch  railway  from  the  Baltimore  and 
Ohio  Railroad,  they  are  hereby  authorized  and  directed  to 
contract  with  the  Baltimore  and  Ohio  Railroad  Company  to 
lay  down  and  construct  a  single  track  of  branch  railway,  of 
iron  and  wood,  in  the  same  manner  and  on  the  same  terms 
and  conditions  as  are  contained  in  the  preceding  ordinance; 
and  if  the  said  company  shall  refuse  so  to  contract,  the  said 
Commissioner  may  contract  with  other  persons,  as  is  provided 
in  said  ordinance. 

Ibid,  s.  2.  165.     The  Mayor  is  hereby  authorized  and  directed  to  sign 

Mayor  may  sign  for  the  city,  in  rcspcct  of  any  city  property  which  may  front 

application. 

on  said  streets  or  any  of  them,  or  any  part  of  either  of  them, 
designed  for  the  said  branch  railroad ;  provided  the  Mayor 
shall  think  the  interest  of  the  city  will  be  promoted 
thereby. 

Ibid,  8.3.  166.     In  case  the  said  commissioner  shall  deem  it  expedient 

Railway  may    to  locatc  any  such  branch  railroad,  otherwise  than  on  a  street 

be  laid  other- 
wise than  on  a   or  strcets,  he  shall  be  and  is  hereby  authorized  and  directed 

street.  '  •' 

SO  to  do;  provided  he  shall  have  previously  obtained  the  con- 
sent of  the  holders  of  the  property  on  which  the  same  may  be 
located,  which  consent  may  be  given  in  perpetuity  or  for  a 
term  of  years ;  and  the  Mayor  is  hereby  authorized  to  agree 
for  the  city,  in  respect  of  any  property  belonging  to  the  city, 
on  which  it  may  be  proposed  to  locate  any  such  branch  of  the 
line  of  any  street. 


Kailroads.  793 

Article  XL. — Ordinances. 


167.  No  such  branch  railroad  provided  for  in  this  Act  shall  ibid,  ■.  4. 
be  carried  through  any  part  of  any  street  which  may  pass  Restrictions, 
through  any  portion  of  a  ship-yard  or  manufacturing  establish- 
ment, actually  and  necessarily  in  use,  without  tlie  consent  of 

the  owner  or  owners,  or  lessee  or  lessees  thereof;  and  pro- 
vided further,  that  nothing  herein  contained  shall  withhold 
from  the  city  the  right  to  take  up  the  same,  whenever  it  may 
deem  it  necessary  or  for  its  interest  to  do  so. 

168.  The  Baltimore  and  Ohio  Railroad  Company  is  here- No.  41,  Apr.  7, 
by  authorized  to  introduce,  construct  and  lay  down  a  single  Baltimore  and 

•'  '  ^  .  .  Ohio  Railrond 

track  of  railroad,  of  wood  and  iron,  from  the  intersection  of  H°'".P*';y  *"■ 

'  '  thonzed  to  con- 

President  and  Aliceanna  streets,  eastwardly  along  Allceanna  fn'J^^ikeanna' 
street  to  Canal  street,  thence  southwardly  along  Canal  street  stl-eets.""^ 
to  Lancaster  street,  thence  westwardly  along  Lancaster  street 
to  Exeter  street,  thence  northwardly  along  Exeter  street  to 
unite  with  the  said  rail  track  in  Aliceanna  street. 

169.  Section  10  of  ordinance  No.  18,  of  1831,  (sec.  152  ibid,  s.  2. 
ante^  shall  apply  in  every  respect  to  the  tracks  of  railroad  How  governed, 
hereby  authorized  to  be  constructed  and  laid  down.  Removal. 

170.  The  Baltimore  and  Ohio  Railroad  Company  is  here-  no.  21,  Apr.  19, 
by  authorized  to  construct  and  lay  down  and  keep  in  repair  a  Baltimore  and 

.  .  Ohio  Railroad 

branch  of  their  road,  with  one  or  two  tracks,  to  some  point  on  company  per- 
'  •  '  mitted  to  con- 

navigable  water  on  the  south  side  of  the  basin,  within  the  ^y^='^.»'J.^J'^'J,'=^^ 

limits  of  the  city,  between  Hughes'  quay  and  Fort  McHenry  ;  o^^thrbasin^^ 
and  in  the  location  and  construction  of  the  same  the  said  com- 
pany shall  be  permitted  to  adopt  such  grades  and  curves  as 
may  enable  them  advantageously  to  use  locomotive  engines 
thereon  ;  provided,  that  no  grade  of  any  street,  already  graded  proviso, 
and  paved,  shall  be  altered  or  interfered  with,  except  under 
the  direction  of  the  City  Commissioner,  so  far  as  may  be  neces- 
sary in  the  laying  of  the  rails  on  the  same ;  and  provided,  that 
the  whole  be  under  such  salutary  regulations  as  the  city 
authorities  may,  from  time  to  time,  prescribe ;  and  provided 


794 


Kailroads. 


Article  XL. — Ordinances. 


also,  that  the  moving  power  on  said  branch  road  does  not 
exceed  four  miles  per  honr. 

The  articles  to  be  transported  upon  said  branch  road, 


Ibid,  8.  3. 


171. 


on  said  road. 

Exempt  from 
wharfage. 


What  articles  to  shall  be  confiflcd  to  coal,  iron,  iron  ore,  stone,  plaster,  lime, 

be  transported  \  ^ 

and  other  earths  and  minerals;  and  all  of  the  above  des- 
cribed articles  shall  be  exempted  from  wharfage,  dockage,  or 
any  other  charges  on  the  part  of  the  city,  or  on  the  part  of  the 
Baltimore  and  Ohio  Railroad  Company,  except  the  port  ton- 
nage established  by  the  law  of  Congress,  for  the  term  of  twenty 
years,  and  for  so  much  longer  term  as  the  Mayor  and  City 
Council  shall  at  any  time  hereafter  deem  it  proper  to  grant. 


Ibid,  s.  3. 

Company  may 

construct 

wharves. 


Ibid,  s.  4. 


172.  The  said  company  shall  have  power  to  construct,  at 
the  termination  of  said  branch  of  their  road  on  tide- water,  such 
wharves  as  they  may  require  for  their  own  use  ;  provided,  the 
wharf  property  used  belonging  to  the  city  does  not  exceed  in 
extent  two  hundred  front  feet ;  and  the  said  company  shall 
have  power  to  extend  their  said  railroad  upon  said  wharves 
out  to  such  depth  of  water  as  may  be  required ;  provided,  it 
shall  not  be  extended  to  any  point  beyond  the  Port  Warden's 
line,  as  now  established. 

173.  The  Baltimore  and  Ohio  Railroad  Company  is  here- 
companyau-     by  authorized  to  construct  and  lay  down,  and  keep  in  repair 

thorized  to  con-  1/.1.  j-i  i/>t-» 

struct  a  branch  a  brauch  01  their  road,  with  one  track,  from  Pratt  street  down 

road  from  Pratt 

street  to  any      Coucord  strcct,  or  from  Pratt  street  down  the  Falls  avenue,  or 

part  01  r  ell's  '  ' 

Point.  ^^^  other  more  practicable  route,  to  the  city  block,  or  to  the 

present  Baltimore  and  Ohio  Railroad  Company's  depot,  by 
crossing  the  falls  at  or  between  Aliceanna  and  Pratt  streets, 
and  from  thence,  with  the  privilege  of  continuing  east  along 
Aliceanna  street  and  Wilk  street  to  Canton,  or  to  any  private 
wharf  or  wharves  on  Feirs  Point,  by  the  consent  of  the  pro- 
prietors thereof. 

Ibid,  9.  6.  174.     The  following  articles  that  may  be  transported  upon 

the  said  branch  road,  granted  by  the  preceding  section  on  any 


Railroads.  795 

Article  XL. — Ordinances. 


road  now  laid  down  in  that  direction,  when  used  by  the  Balti-  what  articles 
more  and  Ohio  Railroad  Company,  viz  :  coal,  iron,  iron   ore,  wharuge. 
stone,  plaster,  lime  and  other  earths,  and  all  other  minerals, 
shall    1)0   exempted   from    wharfage,   dockage,   or   any  other 
charges  on  the  part  of  the  city,  except  the  port  tonnage  es- 
tablished by  the  law  of  Congress,  and  on  the  part   of  the 
Baltimore  and  Ohio  Railroad   Company,  except  the  charges 
paid  to  other  companies,  for  the  term  of  twenty  years,  and  for 
so  much  longer  term  as  the  Mayor  and  City  Council  shall,  at 
any  time  thereafter,  deem  it  proper  to  grant.     The  Baltimore  No.  37  May  2, 
and  Ohio  Railroad  Company  is  authorized  to  transport  over  Articles  of 
the  tracks  herein  named  all  articles  of  trade  and  merchandise  «tc. 
whatsoever,  and  such  articles  only  as  are  herein  specified,  are 
allowed  to  be  shipped  free  from  charge,  as  specified  in  this 
ordinance. 

175.     All   the  powers   and  privileges  granted  by  sections  rjo.  21,  s.  6,  M.'i. 
170  and  171   shall  be  extended  to  the  Baltimore  and  Ohio  privileges 

,,,,,_,  ,  1     -1      J  granted  to  said 

Railroad  Company  on   any  track  now  laid  down,  or  on  any  company  sub- 

t^       -^  -^  _  ■/  ject  to  salutary 

branch  road  that  may  be  hereafter  laid  down  by  this  act,  regulation*. 
or  on  any  road  now  laid  down  in  that  direction,  when  used  by 
the  Baltimore  and  Ohio  Railroad  Company,  east  of  Mount 
Clare  depot ;  subject,  however,  to  the  same  salutary  regula- 
tions by  the  city  authorities,  as  prescribed  by  section  170;  pro- 
vided, that  the  company  does  not  occupy  any  greater  space  of  Proviso, 
the  city  wharf  at  the  city  block  than  may  be  equal  in  width 
or  front  to  the  lots  now  occupied  by  the  company  under  deed 
from  the  city,  on  Lancaster  street,  free  of  wharfage,  on  the 
articles  specified  by  the  preceding  section  ;  provided,  also,  that 
the  steam  power  over  the  railway  tracks  down  Pratt  street  to 
the  city  block  be  used  between  the  hours  of  nine  at  night  and 
five  in  the  morning,  from  the  first  of  November  till  the  first  of 
April,  and  between  the  hours  of  nine  at  night  and  four  in  the 
morning,  from  the  first  of  April  to  the  first  of  November,  and 
a  man  shall  be  required  to  walk  in  advance  of  the  steam  en-  steam  engine, 
gine  in  passing  through  the  streets  on  all  occasions. 


796  Railroads. 

Article  XL. — Ordinances. 


Ibid,  s.  7,  176.     The  Baltimore  and  Ohio  Railroad  Company  shall  be 


Damages  to       held  responsible  for  all  damao;es  done  to  property  in  the  layiner 

property,  life,  "^  °  tr      f        J  . 

'^'^-  down  of  the  rails  contemplated  to  be  laid  down  by  virtue  of  this 

ordinance ;  and  they  shall  also  be  responsible  for  all  damages 
done  to  the  life  or  limbs  or  property  of  others,  caused  by  the 
passage  of  their  locomotive  or  locomotives  through  the  streets 
of  the  city,  when  resulting  from  the  negligence  of  their  agents. 

No.  38,3.1,  May      177.     Thc  Baltimore  and  Ohio  Railroad  Company  is  here- 
B.  &o.  R.  R.    by  authorized  and  empowered  to  lay  down  and  keep  in  repair 

authorized  to  "^  ,  ^  •'  r  r 

lay  single  track  a  siuglc  track  of  railway  from  the  Harford  run  along  the  bed 

on  certain  o  ./  o 

streets.  ^f  Aliccanua  strcct  to  Caroline  street;  thence  along  the  bed 

of  Caroline  street  to  Thames  street;  thence  westwardly  to 
Philpot  street ;  thence  to  Point  street,  and  from  the  intersec- 
tion of  Caroline  and  Thames  streets  eastwardly  along  Thames 
street  to  Fell  street,  thence  to  the  water,  and  from  the  inter- 
section of  Fell  and  Wolf  streets,  along  the  bed  of  Wolf  street 

Proviso.  to  Canton    avenue;  provided    the  consent   of  a   majority  of 

property  holders  along  the  lines  of  said  streets  shall  have  been 
first  obtained. 

Ibid,  s.  2.  178.     In  the  laying  down  of  the  tracks  provided  for  in  the 

Street  grades     abovc  scctiou,  no  grade  of   any  street,  alreadv  ijraded  and 

not  to  be  al-  ^  ..  •'  '  -     ^ 

tered.  pavcd,  shall  be  altered  or  interfered  with,  except  under  the 

direction  of  the  City  Commissioner,  so  far  as  may  be  necessary 
in  the  laying  of  the  rails  of  the  same,  and  the  whole  be  under 
such  salutary  regulations  as  the  city  authorities  may  from 
time  to  time  prescribe. 

No.  101,  Oct.  18,      179.     The  Baltimore  and  Ohio  Railroad  Company  is  here- 
TrackonCon-    by  authoi'ized  to  introduce,  construct  and  lay  down  a  single 

cord  street.  -i  •!  i        /•  i 

track  or  railroad  of  wood  and  iron  from  the  intersection  of 
Pratt  and  Concord  streets,  through  Concord  street  to  the  south 
side  of  the  Fish  Market  space ;  the  work  to  be  done  to  the 
satisfaction  of  and  under  the  superintendence  of  the  City 


Railroads.  797 

Article  XL. — Ordinances. 


Commissioner;  provided,  that  the  consent  of  the  owners  or  a  Proviso, 
major  part  in  extent  of  front  feet  of  the  lots  fronting  on  each 
side  of  any  street  through  which  said  track  is  proposed  to  be 
extended  shall  be  first  obtained  in  writing  and  deposited  with 
the  City  Register. 

180.  The  Baltimore  and  Ohio  Railroad  Company  is  here-  No.  72,  May  is, 
by  authorized  to  change  the  location  of  the  curves  at  Presi-  Authorized  to 

chanRe  curves 

dent  street  and  Howard  street,  in  the  track  connecting  the  at  President 

'^  and  Howard 

station  of  the  Philadelphia,  Wihnington  atjd  Baltimore  Rail-  s'feets. 
road  with  the  Camden  station  of  the  Baltimore  and  Ohio  rail- 
road, so  as  to  enlarge  the  radii  of  curviture  thereof,  by  laying 
down  a  continuous  curve  of  the  largest  radii  which  can  be 
obtained,  without  encroaching  on  the  building  line  of  other 
property  than  that  which  may  be  owned  by  the  company  ;  Proviso, 
provided,  that  in  crossing  the  foot- ways  in  front  of  or  on  either 
side  of  the  company's  property,  the  inside  rail  of  the  track 
shall  not  be  laid  nearer  than  ten  feet  to  the  building  line  of 
other  than  the  company's  property. 

181.  The  consent  of  the  Mayor  and  City  Council  is  hereby  No.  e,  Mar.  20, 
given  to  the  Baltimore  and   Ohio  Railroad  Company   to  lay  Railroad  track 

^  '         •'  •'    on  S.  Paca  St. 

the  road  which  they  are  authorized  to  construct  under  the  act 
of  1866,  c.  154,  along  the  length  of  south  Paca  street  extended  ; 
commencing  for  the  same  at  the  end  of  the  tangent  at  Clare 
street,  and  ending  at  the  boundary  of  the  city  at  Gwynn's  falls  ; 
said  railway  track  to  be  laid  under  the  supervision  and  direc- 
tion of  the  City  Commissioner,  in  such  manner  as  not  to 
obstruct  the  drainage  of  adjacent  land,  or  interfere  with  the 
proper  grade  of  South  Paca  street  when  extended. 

182.  The  consent  given  by  this  ordinance  shall  not  be  con-  ibid,  3.2. 
strued  to  authorize  or  permit  the  Baltimore  and  Ohio  Rail- Not  to  occupy 

,  more  than  24 

road  Company  to  occupy  more  than  24  feet  in  width  of  the  f>;et  width, 
bed  of  said  street,  excepting  so  much  of  said  street  as  will  be 
required  for  placing  a  bridge  over  Gwynn's  falls. 


798  Kailroads. 

Article  XL. — Ordinances. 


No.  22,  Api.  10,      183.     The  president  and  directors  of  the  Baltimore   and 
'G8.  _  ^  ^ 

Railroad  track    Ohio  Railroad  Oompanv  are  hereby  authorized  and  permitted 

on  S.  Charles  .  .  , 

street.  to  connect,  continue,  construct  and  lay  down  a  railroad  track 

on  south  Charles  street,  from  Camden  street  to  Conway  street, 
and  from  Charles  street  down  Conway  street  to  Light  street ; 

Proviso.  provided  said  railroad  track  shall  be  removed  when  required 

by  the  Mayor  and  City  Council  of  Baltimore,  upon  giving  six 
months'  notice  of  said  intention.* 

No.  .52,8.1, July  184.  The  same  authority  to  lay  down  and  keep  in  repair 
Branch  of  road,  a  branch  of  their  road  on  the  south  side  of  the  basin  that  is  given 
to  the  Baltimore  and  Ohio  Railroad  Company,  in  an  ordinance 
passed  at  the  annual  session  of  1845,  and  a  supplement  to  the 
same  passed  at  the  session  of  1845,  [sec.  170,  &c.,  ante,']  is 
hereby  granted  to  the  Baltimore  and  Ohio  Railroad  Company, 
with  reference  to  a  branch  with  one  or  two  tracks  from  a  point 
on  the  centre  line  of  Wells  street,  where  the  Locust  Point 
branch  of  said  road  diverges  from  the  centre  line  of  said  street, 
thence  easterly  on  the  line  of  Wells  street  to  Claggett  street, 
connecting  said  Wells  and  Claggett  streets  by  a  suitable  curve? 
thence  southeasterly  on  Claggett  street  to  the  northwest  side  of 
Stuart  street,  and  thence  easterly  and  northerly  by  a  curved 
street,  as  in  process  of  condemnation  [by  ordinance  No. 
53,  June  17,  1869,]  to  the  centre  of  Neal  street,  and  thence 
northeasterly  on  the  line  of  Neal  street,  as  laid  down  on  Pop- 
pleton's  plat,  to  the  northeast  side  of  Fort  avenue  to  a  con- 

*  By  act  of  1868,  c.  284,  the  Baltimore  and  Ohio  Railroad  Company  was 
authorized,  with  the  consent  of  the  Mayor  and  City  Council  of  Baltimore 
first  had  and  obtained,  to  lay  a  single  track  connecting  with  the  track  at  the 
corner  of  Charles  and  Camden  streets,  in  the  city  of  Baltimore,  and  thence 
down  Charles  street  to  Conway  street,  and  thence  along  Conway  street  to 
Light  street ;  said  track  to  be  subject  as  to  its  location,  construction  and  use, 
to  the  same  authority  and  control  as  other  tracks  or  branches  of  said  rail- 
road laid  on  the  streets  of  said  city ;  provided,  that  all  cars  bringing 
tobacco  to  the  city  of  Baltimore  on  any  line  of  railroad,  connecting  through 
any  streets  of  said  city  with  the  track  of  the  Baltimore  and  Ohio  railroad 
should  be  allowed  the  free  use  of  the  track  authorized  by  this  act. 


Railroads.  799 

Article  XL. — Ordinances. 


nection  with  the  tracks  of  the  Baltimore  and  Ohio  Railroad 
Company  as  there  situate,  and  to  the  tide  water  on  the  north- 
west branch  of  the  Patapsco  river,  with  a  view  to  a  connection 
by  water  with  the  Philadelphia,  Wilmington  and  Baltimore 
Railroad. 

185.  All  restrictions  contained  in  the  ordinance  to  which  iwd,  g.s. 
this  is  a  supplement  upon  the  privileges  therein  granted   shall  Restrictions, 
be  held  to  apply  to  the  privileges  hereby  granted. 

1 86.  Whenever,  in  the  opinion  of  the  Mayor  and  City  ibid,  s.  3. 
Council,  it  shall  be  necessary  or  proper  to  change  the  grade  of  r.radesof 
any  street  or  streets  through  which  the  track  of  the  Baltimore 

and  Ohio  Railroad  Company  may  run  by  virtue  of  the  pro- 
visions of  this  ordinance,  the  same  shall  bo  done  at  the  cost 
and  expense  of  the  said  company. 

187.  The  right  to  pass  and  enforce  all  such  ordinances  as  ibid,  s  4. 
may  be  necessary  for  the  purpose  of  having  all  and  every  track  Reservations  to 
hereafter  to  be  made  within  the  city  by  the  Baltimore  and  Ohio 
Railroad  Company  kept  in  good  order  and  repair,  or  removed 

at  the  cost  and  charge  of  the  said  company,  is  hereby  reserved 
to  the  Mayor  and  City  Council  of  Baltimore. 

188.  Tlie  Baltimore  and  Ohio  Railroad  Company  is  hereby  no.  4.5,  June  s, 

'74, 
authorized  to  lay  down   and   keep  in  repair  a  single   track  of  Additional 

railway,    from  a  point  on    the    line    of  its    track    on    Wells 

street,    between    Henry    and    Johnson    streets,   and    running 

thence  by  a  curved  line  over  the  property  of  said  company  to 

Johnson  street,  and  thence  along  the  bed  of  Johnson  street  to 

Donaldson  street,  or  to  a  point  near  thereto  on  the  eastern  side 

of  Johnson  street. 

189.  Permission    is  hereby  granted  to  the  Baltimore  and  Resolution  No. 
Ohio  Railroad  Company  to  place  a  switch  on  Marriott  street,  Per'mission'to 
near  Cookse  street,  and  to  lay  down  sidings  across  the  Balti- 
more and  Ohio  Railroad   Company's   property  and  Towson 


800 


Kaileoads. 


Article  XL. — Ordinances. 


street,  and  running  into  the  property  of  the  Baltimore  and 
Ohio  Railroad  Company  east  of  Towson  street  and  adjacent 
to  the  European  wharves,  the  same  to  be  done  at  the  com- 
pany's expense. 


Authorized  to 
change  the 
grade  of  Fort 
avenue. 


Expense. 


190.  The  Baltimore  and  Ohio  Railroad  Company  is 
hereby  authorized  to  change  the  grade  of  Fort  avenue,  from 
that  authorized  by  existing  ordinances,  by  extending  the 
level  of  said  avenue  from  a  point  fifty  feet  west  of  Neal 
street  to  a  point  on  the  west  side  of  Armstrong  alley,  thence 
by  a  uniform  grade  to  a  point  fifty-one  feet  nine  inches 
westerly  from  the  west  side  of  Harper  street,  being  a  point 
one  hundred  and  three  feet  three  inches  to  the  eastward  of 
David  alley,  the  said  avenue  being  bounded  for  the  entire 
distance  by  the  property  of  tlie  Baltimore  and  Ohio  Railroad 
Company,  provided  the  expense  of  said  change  of  grade  shall 
be  borne  exclusively  by  the  said  railroad  company. 


Note. — To  entitle  the  plaintiff  in  an  action  against  a  railroad  company  to 
recover  damages  for  injuries  sustained  by  him  in  being  caught  between  two 
cars  of  the  defendant,  while  he  was  attempting  to  cross  a  street,  it  must  be 
shown  that  such  injuries  were  directly  caused  by  the  want  of  ordinary  care 
and  prudence  on  the  part  of  the  defendant,  and  that  they  could  not  have 
been  avoided  by  the  exercise  of  reasonable  care  and  caution  on  the  part  of 
the  plaintiff.  If  the  plaintiff  exercised  reasonable  care,  though  he  may  have 
been  guilty  of  some  negligence  or  want  of  caution,  he  is  still  entitled  to 
recover  for  any  injury  sustained  in  consequence  of  the  defendant's  negli- 
gence. Baltimore  and  Ohio  Railroad  Company  v.  Fitzpatrick,  35  Md.  32,  and 
36  Md.  619. 

The  ow^ner  of  a  lot  of  ground  fronting  on  a  public  street  suffered  a  railroad 
company,  which  had  constructed  one  track  on  said  street,  to  lay  down  and 
complete,  at  considerable  expense,  two  additional  tracks  thereon,  and  made 
no  complaint  and  interposed  no  objection  during  the  pi'ogress  and  construc- 
tion of  the  work,  but  acquiesced  therein.  Ten  years  after  the  completion  of 
the  two  additional  tracks,  the  owner  of  the  lot  filed  a  bill  in  equity,  asking 
that  the  railroad  company  might  be  restrained  from  using  or  maintaining 
more  than  two  tracks,  upon  the  ground  that  the  use  of  the  three  tracks  was 
an  obstruction  of  his  right  of  way  over  said  street,  and  had  done  and  was 
doing  him  an  irreparable  injury,  for  which  he  had  no  adequate  remedy  at 
law.    Held :  that  the  complainant  had  not  used  due  diligence  in  making  his 


Railroads.  801 

Article  XL. — Ordinances. 


BALTIMORE  AND  POTOMAC  RAILROAD  C0:MPANY. 

191,     The  Baltimore  and  Potomac  Railroad  Company  is  No.ae.s.i.May 
hereby  authorized,  in  the  construction  within  the  limits  of"  Authority  to 

construct  rail- 

the  city  of  Baltimore  of  the  railroad,  which  under  its  charter  ^^y '"  «"y- 
it  is  authorized  to  make  and  maintain,  to  locate  and  con- 
struct the  same  along  or  across  such  parts  of  such  streets  of 
said  city  of  Baltimore  as  are  hereinafter  named,  that  is  to 
say:  from  some  point  on  the  line  of  the  Northern  Central  in  what  streets. 
Railway  as  newly  located,  and  running  thence  in  a  westerly 
direction  across  Cathedral  street  to  a  point  on  North  avenue 
east  of  the  Northern  Central  Railway,  as  first  located,  and 
thence,  under  the  centre  of  North  avenue,  to  a  point  hetween 
McMechen  and  John  streets,  and  thence  by  a  curved  line 

application,  and  was,  therefore,  not  entitled  to  an  injunction.    Balthmrre  and 
Ohio  Railroad  Company  v.  Stratcss,  37  Md.  237. 

Between  six  and  seven  o'clock  in  the  evening,  in  the  mouth  of  January, 
1871,  the  Baltimore  and  Ohio  Railroad  Company,  by  its  agents,  was  engaged 
in  making  up  a  train  of  freight  cars  on  the  line  of  Howard  street,  north  and 
south  of  Camden  street,  preparatory  to  its  leaving  the  city  of  Baltimore.  Tlie 
engine  was  attached  to  the  south  end  of  the  train,  some  distance  below  Cam- 
den street,  and  was  backing  the  cars  up  Howard  street,  to  couple  with  the 
cars  north  of  Camden  street.  A  person  being  at  Camden  station  started  to 
go  to  the  Fountain  Hotel,  on  the  north  side  of  Camden  street,  a  short  dis- 
tance from  the  corner  of  Howai-d  street.  On  reaching  the  corner  of  Howard 
and  Camden  streets  he  found  the  crossing  blocked  up  by  the  cars  as  above 
described;  but  instead  of  waiting  until  the  train  had  moved,  or  walking  up 
to  Pratt  street,  a  distance  of  a  square,  when  he  could  have  crossed  without 
risk,  he  attempted,  although  it  was  dark,  and  without  looking  or  inquiring 
whether  an  engine  was  attached  to  the  train,  to  climb  over  the  platform  of 
the  car,  and  thus  cross  to  the  opposite  side  of  the  street.  While  in  the  act 
of  pulling  himself  up  by  the  handle  attached  to  the  car,  with  one  foot  on 
the  platform  and  the  other  hanging  down,  the  train  suddenly  moved,  and 
his  leg  was  caught  and  crushed  between  the  two  cars.  In  an  action  by  the 
injured  party  against  the  railroad  company  to  recover  damages,  it  was  held 
that  the  attempt  of  the  plaintiff  to  get  on  the  platform  of  the  car  under  the 
circumstances,  was  such  an  act  of  carelessness  as  amounted  in  law  to  con- 
tributory negligence,  and  disentitled  him  to  recover.  Lewis  v.  Baltimore  and 
OJiio  Railroad  Company,  38  Md.  588, 


802  Railroads. 

Article  XL. — Ordinances. 


through  and  under  the  intervening  property,  to  the  intersec- 
tion of  John  and  Wilson  streets  ;  thence,  under  John  street, 
at  said  intersection  and  along  the  centre  of  Wilson  street, 
from  the  northeast  side  of  John  street  to  the  termination  of 
said  Wilson  street,  at  Pennsylvania  avenue  ;  across  Penn- 
sylvania avenue,  at  its  intersection  with  Wilson  street ; 
across  Fremont  street,  at  or  near  its  intersection  with  Win- 
chester street;  along  Winchester  street,  as  at  present  located, 
from  Fremont  street  to  Gilmor  street,  and  also  along  any 
extension  of  Winchester  street,  westwardly  of  Grilmor  street, 
in  case  Winchester  street  should  be  extended  westwardly  of 
Gilmor  street,  on  a  line  with  said  Winchester  street,  as  it  is 
now  located,  east  of  Grilmor  street ;  and  also  across  Gilmor, 
Mount,  Fulton,  Monroe,  Payson  and  Pulaski  streets,  and  all 
the  intervening  alleys  running  parallel  therewith  at  some 
point  on  said  streets  and  alleys  between  Cook  street  on  the 
north  and  Townsend  street  on  the  south  ;  and  also  across 
Winchester,  Tenant  and  Mosher  streets,  and  all  intervening 
alleys  running  parallel  therewith,  at  some  point  on  said 
streets,  between  Fulton  street  and  the  western  boundary  line 
of  the  city  ;  and  the  said  company  is  also  authorized  to  con- 
struct its  road  under  North  avenue,  from  a  point  between 
John  street  and  McMechen,  and  thence  under  the  intervening 
property  in  Baltimore  county  around  the  Mount  Eoyal  Reser- 
voir, to  a  point  on  the  Northern  Central  Railway,  as  newly 
located  north  of  North  avenue  in  Baltimore  county,  so  as  to 
make  a  northern  connection  with  said  Northern  Central  Rail- 
way ;  said  last  mentioned  connection  to  be  made  through  a 
continuous  and  covered  tunnel  from  North  avenue  north- 
westerly to  the  said  Northern  Central  Railway. 

Ibid,  s.  2.  192.     The  said  Baltimore  and  Potomac  Railroad  Company 

Tunnels.  in  Constructing  the  railroad  along  or  across  the  said  North 

avenue,  John  street,  Wilson  street,  Pennsylvania  avenue, 

Fremont  street  and  Winchester  street,  from  Fremont  street 


Eaileoad8.  803 

Article  XL. — Ordinances. 


to  Fulton  street,  and  also  across  Gilmor,  Mount*  and  Fulton 
streets,  and  all  intervening  alleys,  shall  construct  the  same 
in  a  tunnel  to  he  carried  under  the  said  streets  ;  and  shall, 
moreover,  in  constructing  the  said  railroad  along  or  across 
any  of  the  other  streets  or  alleys  mentioned  in  the  preceding 
section,  construct  the  same  in  a  tunnel ;  provided,  the  grade  proviso, 
of  said  streets  and  alleys  shall  be  estahlished  high  enough  in  Grades, 
reference  to  the  grade  of  said  railroad  as  to  enable  the  said 
railroad  to  be  carried  nnder  them  ;  and  the  said  Baltimore 
and  Potomac  Railroad  Company,  in  constrncting  its  road 
through  the  ground  lying  between  North  avenue  and  John 
street,  and  the  ground  lying  between  Gilmor  and  Monroe 
streets,  shall  so  construct,  enclose  and  surround  the  same  as 
that  the  said  railroad,  and  all  engines  or  cars  passing  over  the 
same,  shall  be  entirely  concealed  from  the  view  of  persons 
using  the  streets  or  avenues  of  the  city  and  binding  on  said 
property  or  adjacent  thereto;  and  the  said  railroad  company 
shall  construct  its  railroad  through  said  tunnel  with  a  double 
track,  when  said  road  is  finished  and  in  running  order. 

193.     The  tunnel  or  tunnels  mentioned  and  provided  for  in  iwd,  s.  a 
the  preceding  section,  shall  be  so  constructed  and  arched  as  to  construction  of 

tunnels. 

leave  uninjured  and  secure  the  streets  under  which  said  tunnels 
shall  be  made ;  and  if  in  constructing  the  said  railroad  across 
or  under  any  of  the  streets  or  alleys  mentioned  in  this  ordi- 
nance it  shall  become  necessary  to  take  up  any  pavement  on 
said  streets,  or  excavate  the  same,  then  and  in  that  event  the 
said  Baltimore  and  Potomac  Railroad  Company  shall  restore 
the  surface  of  said  streets  to  the  same  condition  in  which  they 


*By  Resolution,  No.  458,  July  23,  1875,  on  passage  of  ordinance  for 
the  grading,  paving  and  kerbing  of  Mount  street,  between  Cook  street  and 
Townsend  street,  the  City  Commissioner  was  directed  to  notify  the  Baltimore 
and  Potomac  Flail  road  Company  to  construct  a  tunnel  under  the  bed  of 
Mount  street,  at  the  point  where  their  railroad  tracks  cross  said  Mount  street, 
the  City  Commissioner  to  see  that  the  above  ordinance,  No.  26,  approved 
May  29th,  1869,  were  complied  with  in  this  matter. 


804 


Railroads. 


Article  XL. — Ordinances. 


were  before  being  interfered  with  by  said  company,  which 
streets  shall  be  so  restored  to  their  former  condition  by  the 
said  Baltimore  and  Potomac  Railroad  Company  within  such 
period  of  time  and  in  such  manner  as  shall  be  prescribed  by 
the  Mayor  and  City  Commissioner;  and  the  said  Baltimore  and 
Potomac  Railroad  Company  in  constructing  the  said  railroad 
under  or  across  any  of  the  aforesaid  streets,  shall  take  all 
such  precautions  to  prevent  accidents  and  injuries  to  persons 
or  vehicles  using  said  streets,  as  shall  be  prescribed  by  the 
City  Commissioner,  and  for  every  violation  of  any  of  the  pro- 
visions of  this  section  the  said  company  shall  be  subject  to  a 
Penalty.  fine  of  not  less  than  ten  nor  more  than  fifty  dollars  for  each 

day  that  the  said  company  shall  fail  to  comply  with  the  regu- 
lations of  the  said  Mayor  and  City  Commissioner ;  to  be  recov- 
ered for  the  use  of  the  Mayor  and  City  council  of  Baltimore, 
as  other  fines  and  penalties  for  the  violation  of  ordinances  of 
the  city  are  recovered. 


Ibid,  8.  4. 
Conditions. 


194.     When  the  railroad  which  the   said   Baltimore  and 
Potomac  Railroad  Company  is  hereby  authorized  to  construct 
and  maintain  through  the  streets  of  the  city  shall  have  been 
constructed,  it  shall  be  the  duty  of  the  said  Baltimore   and 
Potomac  Railroad  Company,  and  they  are  hereby  required  to 
Western  Mary-  afibrd  facility  to  the  Western  Maryland  Railroad  Company 
Union  Railroad,  and  the  Uuion  Railroad  Company  for  the  passage  of  passen- 
gers and  freight  over  that  portion  of  the  Baltimore  and  Poto- 
mac Railroad  hereby  authorized  to  be  made  within  the  city 
limits,  under  such  rules  and  regulations  as  shall  be  determined 
Provisos.  by  the  Baltimore  and  Potomac  Railroad  Company ;  provided, 

that  the  amount  to  be  paid  within  any  one  year  by  the  said 
Western  Maryland  and  Union  Railroad  Companies,  respec- 
tively, to  the  said  Baltimore  and  Potomac  Railroad  Company, 
for  the  said  passage  of  passengers  and  freight  over  said  portion 
of  said  railroad,  shall  not  exceed  such  proportion  of  the  in- 
terest on  the  original  cost  of  said  portion  of  said  railroad,  and 


Railroads.  805 

Article  XL. — Ordinances. 


of  the  cost  of  maintenance  of  the  same,  as  the  amount  of  the 
aggregate  of  business  carried  over  said  portion  of  said  Balti- 
more and  Potomac  railroad  for  each  of  said  companies  respec- 
tively, bears  to  the  whole  amount  of  business  carried  over  said 
portion  ot  said  railroad  for  the  said  three  companies ;  pro- 
vided, that  the  said  work  shall  be  subject  to  the  inspection  of 
the  City  Commissioner,  who  shall  have  the  power  of  compel- 
ling the  said  company  to  do  its  work  so  as  to  protect  the  in- 
terests of  the  city. 

195.  The  said  Baltimore  and  Potomac  Railroad  Company  iwd,  s.  5. 
shall  establish  at  least  one  general  depot  for  passengers  and  Depot, 
freight,  and  one  or  more  way  stations  between  Pennsylvania 
avenue  and  the  point  where  said  railroad  shall  cross  the  Balti- 
more and  Frederick  Turnpike. 

196.  The  said  Baltimore  and  Potomac  Railroad  Company,  iwd,  s.  e. 

in  constructing  its  road  across  the  Baltimore  and  Frederick- construction  of 
town  Turnpike,  the  old  Frederick  road  or  turnpike,  and  Lafay-  turnpikes  and 

avenues. 

ette  avenue  as  extended  into  Baltimore  county,  and  other 
avenues  adjacent  to  and  leading  into  the  city  of  Baltimore, 
shall  carry  the  said  railroad  by  tunnel  under  said  turnpike 
and  avenues,  or  by  bridges  over  the  same,  and  in  such  man- 
ner as  not  to  interfere  with  the  travel  over  the  same  ;  provided,  Proviso, 
the  corporation  or  persons  having  control  of  the  said  turnpikes 
and  avenues  shall  so  arrange  and  adopt  the  grades  of  the  same 
as  to  enable  said  railroad  to  be  carried  over  or  under  said 
turnpikes  and  avenues,  and  whenever  it  shall  be  necessary  to 
alter  the  grade  of  said  turnpike  or  of  any  of  said  avenues 
which  at  the  time  of  said  construction  of  said  railroad  shall 
have  been  actually  graded  ;  the  expense  of  said  alteration  shall 
be  borne  by  said  Baltimore  and  Potomac  Railroad  Company. 

197.  No  opening  or  holes  for  the  purpose  of  ventilation  iwa,  s.  7. 
shall  be  made  in  any  of  the  streets  or  avenues  of  said  city  J^^JJ^'j,'j*"°°  *° 
under  which  said  tunnel  shall  be  made,  but  said  Baltimore 


806  Kailroads. 

Article  XL. — Ordinances. 


and  Potomac  Railroad  Company  shall,  if  any  ventilation  of 
such  tunnel  additional  to  that  afforded  by  the  mouths  is  re- 
quired, supply  the  same  by  means  of  chimneys,  shafts  or  flues, 
erected  at  proper  points,  on  property  belonging  to  said  com- 
pany, and  of  such  height  and  construction  as  shall  ventilate 
said  tunnel  without  annoyance  to  persons  or  property  in 
proximity  thereto. 

Ibid,  8. 8.  198.     The  said  Baltimore  and  Potomac  Railroad  Company 

Railroad  along  in  coustructing  its  Said  railroad  alone;  or  across  any  of  the 

streets,  &c.  ,    °  b  J 

streets  mentioned  in  section  191,  under  which  there  are  any 
sewers,  shall  construct  the  same  in  reference  to  such  sewers, 
in  such  manner  as  shall  be  directed  by  the  City  Commissioner, 
and  so  that  the  sewerage  through  said  streets  shall  not  be  in- 
jured or  disturbed,  and  all  the  expense  of  the  alteration  of 
any  existing  sewers  along  any  of  said  streets  which  the  City 
.  Commissioner  shall  determine  to  be  necessary  in  consequence 
of  the  construction  of  said  railroad,  shall  be  borne  by  said 
Baltimore  aud  Potomac  Railroad  Company,  and  if  in  the 
judgment  of  the  City  Commissioner  the  construction  of  said 
railroad  along  or  across  any  of  said  streets  shall  render  neces- 
rary  the  making  of  any  new  sewers  which  would  not  other- 
wise have  been  required,  then  all  such  sewers  shall  be  made 
under  the  direction  of  the  City  Commissioner,  and  the  expense 
thereof  shall  be  borne  by  said  Baltimore  and  Potomac  Rail- 
road Company. 

Ibid,  s.  9.  199.     The  exercise  of  all  the  powers  of  locating,  construct- 

How  governed,  ing,  maintaining  and  using  said  railroad  track  through  the 
city  of  Baltimore  conferred  by  this  ordinance,  or  that  may  be 
conferred  by  any  amendment  or  supplement  thereto,  or  by 
any  future  ordinance,  shall  be  and  remain  at  all  times  and  in 
all  respects,  so  far  as  the  safe,  free  and  unobstructed  enjoyment 
and  use  of  the  streets,  ways,  avenues  and  alleys  of  the  city  of 
Baltimore  are  concerned,  and  subject  to  and  under  the  control 
of  the  Mayor  and  City  Council  of  Baltimore. 


Railroads.  807 

Article  XL. — Ordinances. 


200      The  said  Baltimore  and  Potomac  Railroad  Company  iwa,  s.  lo. 
shall  complete  the  tunnel  entirely  within  two  years  from  the  Time  limited, 
time  after  it  is  commenced  in  the  city,  otherwise  this  ordinance 
to  be  void  and  of  no  effect ;  provided,  that  the  work  is  not 
interfered  with  in  the  meantime  by  proceedings  in  the  courts 
against  said  railroad  company.     But  said  company  may  com- no.  49,  Apr.  25, 

'70. 

mence  that  portion  of  said  tunnel  lying  between  the  west  abut-  sec.  10  of  ordi- 
ment  of  the  bridge  to   be  built  over  Jones'  Falls  at  North  isegTamended. ' 
avenue,  and  the  track  of  the  Northern  Central  Railway  as  at 
present  located,  without  the  same  being  considered  a  com- comjietion  of 
mencement  of  said  tunnel  within  the  meaning  of  this  section  ; 
provided,  that  the  work  on  said  portion  of  said  tunnel  shall  be  proviso, 
commenced  on  or  before  May  Ist,  1870,  and  completed  within 
live  months  from  that  time.* 

*  The  Act  of  1870,  c.  80,  s.  7,  recites  the  ordinance  May  29,  1869,  [Sec.  191, 
&c.,  ante,']  and  provides  for  charging  toll  on  road  where  it  crosses  the  western 
boundary  of  the  city,  &c. ;  provided,  however,  the  fourth  section  of  the 
ordinance  [sec.  194,  p.  804,]  be  complied  with. 

The  constitutionality  of  this  Act  of  1870,  c.  80,  providing  for  taking  pri- 
vate property  for  the  construction  and  repair  of  railroad  is  maintained  in 
Shipley  v.  Bcdto.  &  Potomac  R.  B.  Co.,  34  Md.  336. 

Authority  by  the  legislature  to  a  railroad  company  to  tunnel  the  streets  of 
a  city  may  be  granted  by  implication.  Balto.  &  Potomac  R.  R.  Co.  v.  Reaney< 
42  Md.  118. 

Damage  done  to  the  house  of  a  party  by  reason  of  the  excavation  ot  a  street 
by  a  railroad  company  made  under  lawful  authority,  is  not  damnum  absque 
injuria,  and  he  may  recover  therefor  without  showing  that  the  power  dele- 
gated to  the  company  has  been  illegally  or  negligently  exercised.    Ibid. 

As  against  a  municipal  government  in  the  careful  exercise  of  its  right  and 
power  to  grade,  change  and  improve  a  street,  there  can  be  no  right  of  action 
for  an  unavoidable  injury  done;  but  as  against  a  private  corporation  in  no 
wise  connected  with  the  municipal  government,  obtaining  authority  to  use 
the  streets  in  an  extraordinary  manner  for  its  own  private  purposes  and 
profit,  the  case  is  different.  As  against  such  party,  the  owner  of  a  lot  of 
ground  with  a  building  thereon,  bounding  on  a  street,  is  entitled  to  the  natu- 
ral support  which  the  bed  of  the  street  may  afford  to  the  foundation  of  his 
house.  And  notwithstanding  authority  may  have  been  obtained  both  from 
the  city  and  the  State  Legislature,  to  make  the  extraordinary  use  of  the 
street,  yet  that  authority  must  be  exercised  at  the  peril  of  the  party  to  whom 


808 


Railroads. 


Article  XL. — Ordinances. 


No.26,  sii,  201.     In  the  construction  of  said  tunnel  under  the  bed  of 

May  '29,  '69. 

Water  and  gas    the  strccts  herein  named,  ample  provision  shall  be  furnished 

mains.  '■         '■ 

to  the  water  and  gas  mains ;  and  in  the  event  of  its  being 
necessary  to  change  or  disturb  them,  the  same  must  meet 
with  the  concurrence  of  the  Water  Board  or  City  Commission- 
er, and  all  cost  of  said  change^must  be  borne  by  the  Baltimore 
and  Potomac  Railroad  Company. 

202.  The  said  company  in  giving  signals  within  the  limits 
of  the  city  shall  give  such  signals,  unless  in  cases  of  especial 
danger,  by  the  ringing  of  bells  instead  of  blowing  steam  whistles. 


Ibid,  s.  12. 
Signals. 

Ibid.s.  13. 

Offices. 

President. 


No.  33,  s.  1, 
Aprii  25,  '31 . 


203.  The'principal  offices  of  said  Baltimore  and  Potomac 
Railroad  Company  shall  always  be  located  within  the  corpor- 
ate limits  of  the  city,  and  the  president  of  said  company  shall 
be  a  resident  citizen  of  the  State  of  Maryland. 


204. 


NORTHERN  CENTRAL  RAILWAY.* 
The  Baltimore  and  Susquehanna  Railroad  Company 


are  hereby  authorized  to  construct  and  lay  down  a  track  of 


it  is  delegated;  and  if  any  injury  accrues  to  private  property  in  tlxe  exercise 
of  this  power,  the  party  producing  it  must  be  held  liable ;  and  such  liability 
arises,  even  though  the  injury  is  the  natural  or  inevitable  result  or  conse- 
quence of  the  act  authorized  to  be  done.  The  owner  of  the  corner  house 
binding  on  the  street  excavated,  being  entitled  to  such  such  support  to  the 
foundation  of  his  building  as  the  bed  of  the  street  afforded  before  it  was 
excavated,  if  the  adjoining  house  was  bound  to  the  corner  house,  and  was 
lawfully  dependent  upon  it  for  its  stability,  the  disturbance  of  the  natural 
support  of  the  corner  house  by  the  act  of  the  party  making  the  excavation, 
whereby  injury  is  done  to  the  adjoining  house,  furnishes  the  owner  of  the 
latter  a  cause  of  action  that  entitled  him  to  recover  for  such  injury.  The 
measure  of  damages  in  such  case  would  be  a  sum  that  would  compensate' 
the  plaintiff  for  the  injuries  done  to  his  particular  interest  in  the  premises. 
Ibid. 

*  By  1854,  c.  250,  the  Baltimore  and  Susquehanna  Railroad  Company,  the 
York  and  Maryland  Line  Railroad  Company,  the  York  and  Cumberland 
Railroad  Company  and  the  Susquehanna  Railroad  Company  were  consoli- 
dated by  the  name  of  the  Northern  Central  Railway  Company,  subject  to- 
all  laws  and  ordinances,  contracts  and  liabilities  applicable  oj  relating  to 
said  companies,  &c. 


Kailboads.  809 

Article  XL. — Ordinances. 


railroad  or  railway,  of  stone  or  iron,  or  of  both,  from  the  Track  of  rau- 

.  ,  way  agreeably 

mam  stem  of  said  road,  from  or  near  a  point  marked  A  on  to piatin Regis- 

'  -t  ttr's  office. 

a  plat  filed  by  said  company  in  the  Register's  office,  along  or 
near  the  route  marked  by  a  red  line,  to  or  near  a  point 
marked  B  on  the  old  Almshouse  lot  west  of  Eutaw  street, 
and  also,  from  or  near  said  point  A,  along  or  near  a  red  line 
marked  A,  C,  D,  to  or  near  a  point  marked  D,  on  the  city 
property  on  the  east  side  of  Jones'  Falls ;  the  said  last  men- 
tioned route  to  be  continued  along  the  west  side  of  Harford 
Run,  after  the  said  branch  shall   intersect   Canal   street.* 

*  By  Ordinance  No.  23,  March  30,  '53,  the  Baltimore  and  Susquehanna 
Railroad  Company  was  directed  to  remove  that  portion  of  their  road  between 
Monument  and  Wilk  streets,  from  the  west  side  of  Central  avenue  to  the 
middle  of  said  avenue,  over  the  bed  of  Harford  run,  and  so  to  elevate  said 
road  as  to  make  it  the  highest  part  of  the  avenue ;  and  also  to  repair  all  that 
part  of  the  road  east  of  Jones'  Falls,  so  as  not  to  prevent  or  interfere  with 
travel  on  the  streets  through  which  it  passes.  It  repealed  the  portion  of  above 
section  relating  to  the  railway  track  on  the  west  side  of  Harford  run. 

1849,  c.  532,  enacted :  that  the  southern  terminus  of  the  Baltimore  and 
Susquehanna  Railroad  shall  be  at  the  depot  erected  on  Calvert  street, 
in  the  city  of  Baltimore,  including  the  said  depot,  and  so  much  of  the  lot  on 
which  it  stands  as  may  be  necessary  for  the  convenient  use  of  said  depot, 
and  that  the  president  and  directors  of  the  Baltimore  and  Susquehanna  Rail- 
road Company  shall  be,  and  they  are  hereby,  invested  with  all  the  rights  and 
powers  necessary  for  the  construction,  repair  and  use  of  a  line  of  railroad,  in 
and  from  said  Calvert  street  depot,  along  their  present  line  of  railroad  tracks 
on  the  bed  of  North  street,  and  through  Bolton  depot  to  the  city  limits,  as 
fully  in  every  respect  as  said  company  now  possesses  the  right  and  power 
to  construct,  repair  and  use  its  railroad  beyond  the  limits  of  the  city  of  Bal- 
timore. 

2.  That  the  president  and  directors  of  said  company  shall  be,  and  they  are 
hereby,  authorized  to  construct,  repair  and  use  a  second  track  of  railroad, 
parallel  to  their  present  track,  from  said  Calvert  street  depot  to  the  city 
limits,  and  if  in  their  judgment  necessary,  to  alter  the  location  of  their  pre- 
sent track;  provided,  that  before  said  company  shall  be  authorized  to  con- 
struct a  second  track,  it  shall  widen  the  streets  through  which  its  road 
passes,  in  the  manner  hereinafter  provided,  for  which  purposes  the  said  com- 
pany is  hereby  authorized  to  widen  the  streets  through  which  said  tracks  are 
or  may  be  located  to  the  further  width  of  twenty  feet,  and  may  acquire  the 
necessary  ground  and  materials  by  gift  or  purchase,  or  by  condemnation,  in 
the  manner  prescribed  and  authorized  by  the  original  act  to  which  this  is 


810  Kailroads. 

Article  XL. — Ordinances. 


Mayor_and  City  And  the  Major  and  City  Council  do  hereby  agree  to  lay  off 
dfp^o'ts'^'"*  ^"^  ^*  *^®  ol^  Almshouse  and  the  city  property  on  the  east  side 
of  Jones'  Fallsj  a  lot  of  ground  of  one  acre  at  each  place,  to 
be  used  by  the  company  as  a  depot  for  the  erection  of  build- 
ings necessary  for  the  operation  of  the  company  ;  provided, 
however,  that  if  the  said  company  should  at  any  time  here- 
after cease  to  use  the  said  depots,  or  either  of  them,  for  twelve 

a  further  supplement;  and  for  the  purposes  of  such  condemnation,  the 
sheriff  and  justices  of  the  peace  of  Baltimore  city  and  Baltimore  County 
Court,  are  hereby  invested  respectively  vpith  all  the  powers,  authority  and 
duties  within  the  limits  of  the  city  of  Baltimore,  as  the  sheriff  and  justices  of 
the  peace  of  Baltimore  county  and  Baltimore  County  Court  are  respectively 
charged  and  invested  with  by  the  said  original  act,  beyond  the  limits  of  the 
city  of  Baltimore ;  provided,  that  nothing  in  this  act  contained  shall  deprive 
the  Mayor  and  City  Council  of  Baltimore  of  the  right  and  power  to  fix  and 
prescribe  the  rate  of  speed  at  which  the  said  railroad  company  may  run  their 
cars  and  locomotives  within  the  city  limits;  and  provided,  that  the  Legisla- 
ture reserves  to  itself  the  right  to  repeal  this  act  whenever  in  its  discretion 
it  may  deem  it  expedient. 

3.  The  opening  of  certain  proposed  streets  located  upon  the  map  of  Balti- 
more city,  through  the  Bolton  depot  of  said  company,  would  seriously  injure 
the  operations  of  said  company,  and  would  be  of  no  benefit  to  any  consider- 
able portion  of  any  of  the  citizens :  therefore,  be  it  enacted,  that  the,  follow" 
ing  streets,  or  such  parts  of  them  as  run  through  the  said  Bolton  depot  lot, 
shall  be,  and  they  are  hereby,  forever  closed,  namely :  all  that  pait  of  Hoff- 
man street  lying  between  Foster  alley  and  Cathedral  street ;  all  that  part  of 
John  street  lying  between  Dolphin  and  Cathedral  streets,  and  all  that  part 
of  West  Oliver  street  lying  between  Dolphin  and  Cathedral  streets,  and  no 
other  street,  lane  or  alley  shall  be  opened  through  the  said  lot  without  the 
assent  of  the  president  and  directors  of  said  company ;  provided,  the  said 
company,  on  being  so  notified  and  required  by  the  Mayor  and  City  Council 
of  Baltimore,  or  by  their  duly  authorized  agents,  shall  open  Dolphin  street 
of  a  width  of  sixty  feet  in  a  straight  line  to  Cathedral  street,  and  shall  give, 
for  the  purposes  of  a  street,  a  strip  of  ground  along  the  east  side  of  Foster 
alley,  forty  feet  in  depth,  and  extending  from  Dolphin  to  Preston  streets> 
thereby  making  Foster  alley,  now  twenty  feet  wide,  a  sixty  feet  street ;  and 
further,  shall  open  Preston  street,  from  Foster  alley  to  Cathedral  street,  and 
shall  deed  to  the  city  of  Baltimore  the  ground  so  to  be  given  for  the  beds  of 
streets.    (See  p.  825,  post.) 

4.  That  the  president  and  directors  of  said  company  be,  and  they  are  hereby , 
authorized  to  refuse  to  transport  the  cars,  goods  and  merchandise  of  any 
individuals  or  company,  after  he,  they  or  it  shall  have  violated  the  pub- 


Railkoads.  811 

Article  XL. — Ordinances. 


months,  that  then,  and  in  such  case,  they  shall  revert  to  the  To  revert  to  the 

city . 

Mayor  and  City  Council  of  Baltimore,  in  as  full  and  absolute 
a  manner  as  if  this  ordinance  had  never  been  passed;  provi- 
ded, however,  that  the  said  company  may  remove  any  and 
all  buildings  or  improvements  erected  on  said  depot  or  depots. 


I 


lished  rules  and  regulations  of  said  company,  until  full  satisfaction  shall 
be  made  for  such  violation ;  and  that  any  individuals  or  company  trans- 
porting upon  said  railroad  without  the  knowledge  of  said  company,  any 
gunpowder  or  friction  matches,  shall  be  subject  to  a  fine  of  one  hundred 
dollars  for  each  offence,  to  be  recovered  in  tlie  name  of  the  State,  before  any 
jurftice  of  the  peace  as  other  fines — one-half  for  the  use  of  the  informer,  and 
one-half  for  the  use  of  the  State ;  provided,  a  copy  of  this  section  be  pub- 
lished with  the  rules  and  regulations  of  the  company. 

5.  Tliat  the  president  and  directors  of  said  company  may  allow  individuals 
(ir  companies  to  use  their  own  cars  in  tlie  transportation  of  goods  or  mer- 
cliandise  on  its  road  at  rates  of  toll  to  be  fixed  by  said  company;  provided, 
and  it  is  hereby  declared,  that  said  company  shall  not  be  liable  for  any 
damage  done  through  accident  to  said  cars,  or  any  loading  therein,  unless 
tlie  same  was  occasioned  by  the  wilful  misconduct  or  gross  negligence  of 
said  company  or  its  agents ;  provided,  that  all  the  expenses  incurred  by  the 
rity  authorities  by  the  proceeding  heretofore  had  under  the  Act  of  1838,  c. 
226,  and  the  ordinances  of  the  city  of  Baltimore  regulating  the  manner  of 
opening  the  streets,  and  so  forth,  for  opening  the  streets,  or  any  of  them, 
mentioned  in  this  section,  through  Bolton  depot  lot,  shall  be  paid  by  the 
Baltimore  and  Susquehanna  Railroad  Company. 

6.  That  the  president  and  directors  of  said  company  be,  and  they  arc 
hereby,  invested  with  all  the  rights,  powers  and  privileges  granted  under  the 
original  act  of  incorporation,  and  which  may  be  necessary  to  carry  into 
effect  the  provisions  of  this  act. 

7.  That  the  president  and  directors  of  said  company  shall  be,  and  they  are 
hereby,  authorized  to  run  any  of  the  locomotives  or  cars  belonging  to  said 
company,  on  any  railroad  connecting  with  that  of  said  company,  or  with 
the  York  and  Maryland  Line  Railroad,  whenever  in  their  judgment  the 
interest  of  the  Baltimore  and  Susquehanna  Railroad  Company  will  be  pro- 
moted by  such  arrangements. 

8.  That  all  Acts  of  Assembly  inconsistent  with  the  provisions  of  this  act, 
in  so  far  as  they  are  so  inconsistent,  be,  and  the  same  are  hereby,  repealed. 

9.  That  this  act  shall  be  of  no  force  and  effect  until  a  majority  in  value  of 
the  stockholders  of  said  company,  including  the  State  of  Maryland,  whose 
iisscnt  is  hereby  given,  in  general  meeting  assembled,  shall  have  assented  to 
the  same,  and  shall  have  deposited  with  the  Treasurer  of  Maryland  the 
written  evidence  of  such  assent. 


812  Railroads. 

Article  XL. — Ordinances. 


Ibid,  8.2.  205.     Nothing  herein  contained  shall  be  so  construed  as  to 

Railways  to  be  prevent  the  Mayor  and  Citv  Council  of  Baltimore,  at  any 

removed  when  .<  »  i  ^ 

required.  time  hereafter,  to  cause  the  whole  or  any  part  of  the  said 

branches  authorized  by  this  ordinance,  which  may  be  laid  on 
the  bed  of  any  street,  lane  or  alley,  to  be  taken  up  and  removed 
at  the  expense  of  said  Baltimore  and  Susquehanna  Kailroad 
Company,  whenever  so  required  by  the  Mayor  and  City 
Council  of  Baltimore. 
Ibid,  s.  3.  206.     The  Baltimore  and  Susquehanna  Railroad  Company 

Turn-outs.        shall  coustruct  as  many  turn-outs  at  the  intersection  of  such 
streets,  and  also  along  the  line  of  the  railway  hereby  author- 
ized, as  the  Mayor  and  City  Council  of  Baltimore  may  at  any 
time  require  or  authorize. 
Ibid,  s.  4.  207.     All  and  every  car,  wagon,  or  other  vehicle,  which 

anYmai^pTwer^  ^^^1  P*^^  ^'^  ^^^  ^^  *^^  railways  authorized  to  be  constructed 
by  this  ordinance,  shall  be  drawn  by  animal  power,  and  not 
drawn  or  propelled  by  steam  ;  and  shall  be  at  a  rate  not  ex- 
ceeding three  miles  per  hour  for  wagons  of  burden,  and  for 
passengers  cars  at  such  rate  as  may  be  approved  from  time 
to  time  by  the  Mayor  and  City  Council,  under  a  penalty  of 
five  dollars  for  each  oifence,  to  be  sued  for  and  recovered  as 
other  fines  and  forfeitures  are  recovered  ;  and  until  the  rate  at 
which  passengers  cars  may  travel  shall  be  regulated,  they 
Speed.  shall  bc  allowed  to  travel  at  a  rate  not  exceeding  six  miles 

per  hour.* 
Ibid,  s.  5.  208.     The  right  to  pass  and  enforce  all  such  ordinances  as 

^"epair^ ''''^'  Hiay  be  necessary  for  the  purpose  of  having  all  and  every 
track  or  tracks  of  railway  hereafter  to  be  made  within  the 
city  by  the  Baltimore  and  Susquehanna  Railroad  Company 
maintained  and  kept  in  good  order  and  repaired  at  the  cost 
and  charge  of  the  said  company,  is  hereby  reserved  to  the 
Mayor  and  City  Council  of  Baltimore. 

*  See  sees.  7, 14  and  17,  ante. 


Raileoads.  813 

Article  XL. — Ordinances. 


I 


209.  The  right  to  connect  by  tracks  of  railway  within  iwd.s.e. 
the  city  with  the  main  stem  of  the  Baltimore  and  Susque-  RiKht  reserved 

.  ,  ,  ^  .  ^  come  in  with 

hanna  railroad,  or  its  branches,  as  may  be  deemed  expedient,  the  main  stem. 
is  hereby  reserved  to  and  by  the  Mayor  and  City  Council  of 
Baltimore,  and  the  Mayor  and  City  Council  of  Baltimore 
.shall  also  have  the  right  of  charging  and  collecting  a  toll 
upon  all  cars,  wagons  and  vehicles  which  may  pass  upon 
any  track  or    racks  so  constructed. 

210.  The  president  and  directors  of  the  Baltimore  andNo. 31, si, 

April  10,  '37, 

Susquehanna  Railroad  Company  are  hereby  authorized  and  Extending  raii- 
empowered  to  extend  their  railroad  and  branches  therefrom  streets, 
through  and  along  any  of  the  streets  of  the  city  which  they  may 
select,  and  which  may  be  approved  by  the  Mayor,  for  the 
purpose  of  forming  rail  communications  from  the  main  stem 
of  said  road  to  the  following  points,  to  wit : — to  the  track 
laid  in  Howard  street  at  its  intersection  with  Franklin 
street,  to  the  city  block,  passing  through  old  town,  and 
to  any  depot  which  may  be  established  on  Calvert  street,  or 
between  the  same  and  Jones'  Falls  north  of  Saratoga  street. 

211.  No  railroad  track  shall  be  laid  down  in  any  street,  ibia.s.  2. 
under  the  provisions  of  this  ordinance,  until  the  said  railroad  rime  umited 
shall  be  completed  to  the  borough  of  York  ;  provided,  how-  °   *^  ""^ 
ever,  that  this  section  shall  not  be   so  construed  as  to  pro- 
hibit the  railroad  company  from  selecting  the  route  through 

the  different  streets,  as  provided  for  in  the  preceding  section, 
and  to  purchase  such  depots  as  they  may  deem  proper  and  ex- 
pedient ;  and  furthermore,  when  the  rails  are  located  in  any  of 
the  streets  of  the  city,  they  must  be  done  so  as  to  meet  the 
approbation  of  the  City  Commissioner. 

212.  The  power  and  authority  are  hereby  reserved  to  the  iMd,  s.  3. 

Mayor  and  City  Council  of  Baltimore  to  require  the  said  Bal-  Mayor  author- 
ized to  remove. 

Iimore  and  Susquehannna  Railroad  Company,  at  any  time 
lereafter,  to  take  up  and  remove  any  track  of  railway  which 


814 


IwAILROADS. 


Article  XL. — Ordinances. 


may  be  laid  down  in   any  street  under  the  provisions  of  this 
ordinance,  if  the  same  shall  he  found  injurious  to  the  city ; 
and  if   the  said  company  shall  not  remove  any  such  track 
Notice.  within  six  months  after  receving  notice  to  that  effect,  the 

Mayor  and   City  Council  shall  be  authorized  to  have  the 
same  removed  at  the  expense  of  said  company.* 

No.  36,  April         213.     The  president  and  directors  of  the  Baltimore  and 

19,  '39.  ^     _ 

Locationof  rail- Susquehanna  Railway  Company  are  hereby  authorized,  with 

road  on  Wilk 

the  approbation  of  the  Mayor,  to  locate  the  Baltimore  and 


and  Exeter 
streets. 


Susquehanna  Railroad  so  as  to  run  from  its  intersection  with 
Canal  and  Wilk   streets,  westwardly  along   the   centre  of 
Wilk  street  to  Exeter,  thence  along  the  centre  of  Exeter  street 
Proviso.  southerly  to  the  city  property  on  the  city  block ;  provided, 

the  construction  of  the  said  road  be  done  under  the  super- 
vision of  the  City  Commissioner. 

No.  55,  s.  1,  214.     Permission  is  hereby  ffiven  the  Baltimore  and  Sus- 

June20, '54.  -^     ° 

Railroad  ex-      quohauna  Railroad  Company  to   extend  their  road  to  tide- 
tended  to  tide-  ^       •      1 

water.  Water,  as  authorized  under  the  Act  of  Assemby  of  1853,  c. 

191.t 


*By  Ordinance  No  59,  May  11,  '63,  the  Mayor  was  authorized  and  direct- 
ed to  give  notice  to  the  president  and  directors  of  the  Northern  Central 
Railway  Company  to  take  up  and  remove  their  track  in  the  centre  of 
the  bed  of  Central  avenue,  in  accordance  with  the  provisions  of  the  above 
section. 

t  Sec.  4  of  this  act  provided  that  the  Mayor  and  City  Council  of  Balti- 
more are  authorized  and  empowered  to  construct  branches,  or  to  authorize 
individuals  to  do  the  same,  from  the  tracks  outside  the  city  proposed  by  the 
act,  through  or  along  any  street  in  said  city  that  may  be  deemed  necessary, 
subject  to  the  same  rules  and  regulations  as  are  required  for  private  switches 
on  the  main  line  of  said  road. 

Held,  that  the  Act  of*1853,  and  the  assent  of  the  Mayor  and  City  Council 
given  in  section  214,  above,  do  not  give  the  railroad  company  the  right  to 
locate  its  lateral  road  through  the  city  over  such  route,  and  with  such  grade 
or  grades  as  the  company  in  the  exercise  of  its  discretion  might  deem  ex- 
pedient. The  Act  of  1853,  c  191,  did  not  design  to  take  away  from  the 
municipal  legislature  the  jurisdiction  and  control  over  its  streets  and  high- 


Kailboads.  815 

Article  XL. — Ordinances. 


215.     The  Baltimore  and  Susquehanna  Railroad  Company  ibid,  s.  2. 
are  hereby  authorized  to  construct  and  lay  down  and  keep  in  where  tracks 

may  be  laid. 

repair  a  branch  of  their  road,  either  with  one  or  two  tracks, 
beginning  at  the  North  avenue,  east  of  the  present  track, 
to  some  point  on  navigable  water  on  the  northwest  branch 
of  the  Patapsco  river,  cast  of  Jones'  Falls  ;  and  in  the  location 
and  construction  of  the  same  the  said  company  shall  be  per- 
mitted, under  the  direction  and  with  the  consent  of  the  Mayor 
and  City  Commissioner,  to  adopt  such  grades  and  curves  as 
may  enable  them  advantageously  to  use  locomotive  engines 
thereon ;  provided,  that  no  grade  of  any  street  already  graded 
and  paved  shall  be  altered  or  interfered  with,  except  under 
the  direction  of  the  Mayor  and  City  Commissioner ;  and  pro- 
vided, that  the  whole  may  be  under  such  salutary  regulations 
as  the  city  authorities  may  from  time  to  time  prescribe ;  pro- 
vided, further,  that  the  branch  road,  as  aforesaid,  in  its  con- 
struction, shall  be  carried  under  the  North  avenue.  Decker,  Tunnels. 
Charles,  St.  Paul,  North  and  Belvidere  streets,  and  York 
avenue,  and  all  avenues  intervening  between  said  North 
avenue  and  the  streets  as  aforesaid,  and  by  a  tunnel  commenc- 
ing at  the  York  avenue  and  running  under  Hoffman  street ; 
•  said  tunnel  terminating  near  the  intersection  of  Ann  and 
I  Hoffman  streets,  crossing  Belair  avenue  on  the  level  of  the 
I  grade  of  said  avenue,  near  Greenwood  gardens,  and  crossing 
the  Havre-de-Grace   turnpike,  near  the  intersection  of  Fay- 


ways  given  the  city  by  its  charter,  with  power  to  fix  and  determine  their 
grades  witli  a  view  to  the  public  convenience.  The  power  reserved  by  Act 
of  1853,  c.  191,  to  Mayor  and  City  Council  over  the  subject,  is  complete  and 
unimpaired.  The  right  to  give  or  withhold  their  -assent  to  the  construction 
of  the  road  necessarily  involves  the  right  of  prescribing  the  terms  and  con- 
ditions upon  which  their  assent  is  given.  The  provisions  of  above  ordi- 
nance are  valid  and  binding  upon  the  company,  as  conditions  upon  which 
the  assent  of  the  city  was  granted.  All  the  above  sections  must  be  construed 
together.  It  was  proper  for  the  Mayor  and  City  Council  to  require  the  rail- 
road to  be  made  under  the  supervision  of  the  Mayor  and  City  Commissioner. 
]S\  C.  R.  W.  Co.  V.  Mayor,  &c.,  23  Md.  93. 


IlK 


816  Kailroads. 

Article  XL. — Ordinances. 


ette  and  Luzerne  streets,  and  then  by  the  most  practicable 
route  to  the  eastern  limits  of  the  city  towards  its  terminus  at 
tide-water,  on  the  northwest  branch  of  the  Patapsco  river, 
within  the  present  corporate  liinits  of  the  city  of  Baltimore. 

I  bid,  s.  3.  216     The  said  Baltimore  and  Susquehanna  Kailroad  Com- 

Locomouves      pany  are  hereby  authorized  to  use  locomotive  engines,  adapted 

may  be  used.       r       J  J  o  »  • 

to  a  slow  speed,  in  said  extension  ;  provided,  this  ordinance 
shall  not  be  so  construed  as  to  prevent  the  Mayor  and  City 
Council  of  Baltimore  at  any  time  regulating  the  speed  of  said  en- 
gines through  any  or  all  the  streets  through  which  it  may  pass. 

Ibid,  8.4.  217.     The  right  to  connect  by  tracks  of  railway  within  the 

Connection       city  with  the  main  stem  of  the  Baltimore  and  Susquehanna 

with  main  stem.         •'  ^ 

railroad,  or  any  of  its  branches,  as  may  be  expedient,  is  hereby 
reserved  to  the  Mayor  and  City  Council  of  Baltimore. 

Ibid,  s.  5.  218.     The  right  to  pass  and  enforce  all  such  ordinances  as 

Reservation  to  Qj^y  bc  ueccssary  for  the  purpose  of  having  all  and  every 
track  or  tracks  of  railway  hereafter  to  be  made  in  the  city  by 
the  Baltimore  and  Susquehanna  Railroad  Company  main- 
tained and  kept  in  good  order  and  repair,  at  the  cost  and 
charge  of  said  company,  is  hereby  reserved  to  the  Mayor  and 
City  Council  of  Baltimore. 

Ibid,  s.  6.  219.     Before  the    Baltimore    and    Susquehanna   Railroad 

Grades  to  be  es-  Company  shall  proceed  to  lay  all  or  any  part  of  the  road  on 
any  of  the  streets  authorized  by  this  ordinance,  the  City  Com- 
missioner shall  establish  the  grades  of  all  the  streets  througli 
which  said  road  may  pass,  by  the  City  Surveyor  and  engineer 
of  and  at  the  cost  of  the  said  Baltimore  and  Susquehanna 
Railroad  Company. 

Ibid,  8. 7.  220.     It  is  expressly  understood  that  the  laying  of  the  track. 

City  to  iiave  su-  ^s  providcd  for  in  this  ordinance,  through  any  or  all  the  streets 

pervision.  ^  >  ^  i 

above  named,  shall  be  under  the  supervision  of  the  Mayor  and 
City  Commissioner. 


Railroads.  817 

Article  XL. — Ordinances. 


I 


221.  The  terminus  and  all  the  improvements  thereat  ofiwd,  s.  8. 
said  branch  road  shall  be  on  the  northwest  branch  of  the  Terminus. 
Patapsco  river,  at  or  near  the  Lazaretto,  within   the  present 
corporate  limits  of  the  citj  of  Baltimore. 

222.  The  said  Baltimore  and  Susquehanna  Railroad  Com-  iMd.s.  g. 
pany  shall  not  enter  into  any  arrangement  with  any  individual  Rates  often- 
or  incorporated  company  for  the  transportation  of  tonnage  or 
passengers  to  and  from  the  line  of  their  road,  to  any  point  on 

the  seaboard,  at  a  less  rate  per  ton  and  per  capita  per  mile  than 
the  rate  established  by  said  company  for  the  transportation  of 
the  same  to  and  from  the  city  of  Baltimore,  except  only  by 
the  permission  of  the  Mayor  and  City  Council  of  Baltimore. 

223.  The  said  company  shall  have  power  to  construct  such  iwd,  s.  lo. 
wharves  and  coal  shutes  at  the  termination  of  said  branch  wharves  and 

coal  shutes. 

road,  on  the  northwest  branch  of  the  Patapsco  river,  as  may 
be  requisite  to  accommodate  the  business  of  the  company ; 
subject,  however,  to  all  ordinances  now  existing,  or  that  may 
hereafter  be  passed,  regulating  the  business  of  the  harbor  of 
the  city  of  Baltimore. 

224.  The  Baltimore  and  Susquehanna  Railroad  Company  iwd,  s.  n. 
are  hereby  authorized  to  construct  a  track  along  the  bed  of  Track  through 

~  1  ,».,  •  /.AT  ,  1  Central  arenue, 

Central  avenue  to  the  intersection  or  Aiiceanna  street,  and  4o. 
along  said  street  to  its  intersection  with  Caroline  street,  and 
along  Caroline  to  its  intersection  with  Thames  street,  and 
along  Thames  street  to  connect  with  the  tracks  of  said  com- 
pany, as  provided  in  this  ordinance,  by  such  street  as  may  be 
designated  by  the  Mayor  and  City  Council  of  Baltimore ; 
provided,  the  track  authorized  to  be  put  down  on  the  bed  of 
the  streets  as  aforesaid  shall  be  constructed  under  the  super- 
vision of  the  City  Commissioner,  and  subject  to  all  ordinances 
regulating  railroad  tracks  within  the  limits  of  this  city,  now 
existing  or  which  may  hereafter  be  passed,  and  to  be  removed 
at  the  discretion  of  the  Mayor  and  City  Council  of  Baltimore. 


818  Railroads. 

Article  XL. — Ordinances. 


Ibid,  s.  12.  225.     If  the  said  Baltimore    and    Susquehanna   Railroad 

Conditions.  Company  shall  refuse  to  comply  with  the  provisions  and  con- 
ditions contained  in  section  221,  then  the  permission  given 
by  said  ordinance  shall  be  null,  void  and  of  no  effect. 

Ibid,  8.13.  22(5.     Should    the   Baltimore   and   Susquehanna   Railroad 

Northern  cen-   Company  be  Consolidated  with  the  York  and  Maryland  Line 

tral  Railway  . 

Company  to      Railroad  Company,  the  York  and  Cumberland  Railroad  Com- 

na^  e  same  pow-  '        •'  ' 

ers  and  rights,  pany,  and  the  Susquehanna  Railroad  Company  of  the  State 
of  Pennsylvania,  by  the  name  of  the  Northern  Central  Rail- 
way Company,  under  the  acts  of  the  State  of  Maryland  and 
Pennsylvania,  authorizing  the  consolidation  of  the  same,  then, 
and  in  that  case,  the  said  Northern  Central  Railway  Company 
shall  be  entitled  to  all  the  privileges  and  subject  to  all  the  pro- 
visions and  penalties  of  this  ordinance.* 

No.5i,s.i,jun9      227.     The   Northern  Central  Railway  Company  is   hereby 
Permission  to    authorizcd  to  lay  down  a  single  track  of  the  ordinary  struc- 

lay  down  track  -ii,  .  i  ... 

onBeiairave.  turc  uscd  by  the  said  company  in  their  road,  upon  the  bed  of 
Belair  avenue,  from  the  present  track  on  Monument  street  to 
the  intersection  of  said  avenue  with  Eager  street,  and  thence 
upon  the  line  of  the  bed  of  Eager  street  to  its  intersection 
with  the  track  of  the  said  Northern  Central  Railway  Com- 
pany's road,  being  constructed  and  leading  to  tide-water  at 
Canton. 

Ibid,  s.  2,  228.     The  said  company  shall  in  the  use  of  the  said  track 

Conditions,  &o.   be  subjcct  to  the  conditions  and  limitations,  and  shall  observe 

all  the  regulations  that  are  comprised  and  set  forth  in  the  first 

section  of  the  ordinance  entitled  an  ordinance  to  authorize  the 

Baltimore  and  Susquehanna  Railroad  Company  to  use  steam 


*ByEes.  No.  180,  June  36,1856,  the  Northern  Central  Railway  Com- 
pany was  authorized  to  change  tlie  route  of  the  railroad  track  from  Central 
avenue  to  Thames  street,  authorized  by  above  ordinance,  from  the  bed  <if 
Aliceanna  and  Caroline  streets  to  the  bed  of  Eastern  avenue  and  Bond 
streets,  to  Thames,  to  Philpot,  and  to  Fell  streets. 


Railroads.  819 

Article  XL. — Ordinances. 


engines  within  the  limits  of  the  city  of  Baltimore,  May  2, 
1845,  No.  38.* 

229.  The  said  Northern  Central  Railway  Company  shall  iwd,  s.  s. 
not  use  within  the  limits  of  direct  taxation  any  portion  of  the  Engines  not  to 

*'    ^  pass  except  be- 

track  authorized  to  be  laid  by  this  ordinance  for  the  passage  of  ^f®?"^^  °'^^'^'' 

any  engine  or  train  of  cars,  excepting  between  the  hours  of  *° """''''°*'' 

nine  o'clock  at  night  and  five  in  the  morning ;  and  should  the 

said  company  violate  the  provisions  of  this  ordinance,  they 

shall  be  liable  to  a  fine  or  penalty  of  twenty  dollars  for  each  Penalty. 

violation,  to   be  recovered    before  any  justice   of  the   peace 

in  the  city  of  Baltimore,  to  be  sued  for  in  the  name  of  the 

Mayor  and  City  Council  of  Baltimore,  upon  the  information 

of  any   person   or  persons   who  may   be  cognizant   of  such 

violation. 

230.  The  said  Northern  Central  Railway  Company  shall  iwd.s.  4. 
enter  into  bonds  with  the  Mayor  and  City  Council  of  Baltimore  To  give  bond, 
in  the  penal  sum  of  fifty  thousand  dollars,  to  take  up  and  remove 

the  temporary  track,  permission  to  lay  down  which  is  granted 
in  section  227,  at  the  expiration  of  two  years  from  the  laying 
down  of  the  same ;  and  in  the  event  of  the  said  temporary 
track  not  being  taken  up  and  removed  within  three  months  after 
the  expiration  of  the  above  named  time,  then  the  bond  shall 
be  forfeited  for  the  benefit  of  the  Mayor  and  City  Council  of 
Baltimore. 

*The  first  section  is  as  follows:  that  the  Baltimore  and  Susquehanna 
Railroad  Company  is  authorized  to  use  their  steam  engines  on  the  rail 
track,  from  the  Bolton  depot  to  the  depot  of  said  company,  situate  on  city 
block,  for  the  transportation  of  coal,  plaster,  lime,  limestone,  iron,  iron  ore 
and  other  minerals  and  earths ;  provided,  that  the  rate  of  travel  of  said  en- 
gines on  said  track  shall  not  exceed  four  miles  per  hour;  and  provided, 
further,  that  the  steam  power  over  the  railway  track  hereby  granted  to  be 
used  by  the  Baltimore  and  Susquehanna  Railroad  Company  to  their  depot 
on  the  city  block,  be  used  between  the  hours  of  nine  at  night  and  five  in  the 
morning ;  and  that  a  man  is  required  to  walk  in  advance  of  the  steam  en- 
gine with  a  lighted  lantern,  in  passing  through  the  streets,  from  the  Belvi- 
dere  depot  on  North  street  to  their  depot  on  the  city  block. 


i 


820  Railroads. 

Article  XL. — Ordinances. 


Ibid,  s.  5.  231.     Any  person  or  persons  who  may  have  suffered  damages 

Damages— how  to  their  hoiises  or  other  property,  as  the  case  may  be,  from  the 

to  be  recovered.  r      r        ./  '  j         ^ 

laying  down  or  operating  of  said  road  by  said  company,  may 
sue  upon  the  said  bond  in  the  name  of  the  Mayor  and  City 
of  Baltimore ;  or  should  the  Northern  Central  Railway  Com- 
pany omit,  refuse  or  neglect  to  remove  said  track  at  the  expir- 
ation of  the  two  years  hereinbefore  stated,  it  shall  be  lawful 
for  any  person  or  persons  who  may  conceive  themselves  to  be 
aggrieved  by  such  omission,  refusal  or  neglect  to  remove  the 
said  track,  to  enter  suit  upon  the  said  bond  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore. 
Ibid,  s.  6.  232.     The  track  hereby  authorized  to  be  laid  down  shall  be 

streets  to  be      taken  Up,  and  the  streets  on  which  the  same  shall  have  been 

placed  in  good 

condition  after   coustructed,  whorc  the  same  are  paved  or  improved,  shall  be 

removal  of  the  i  i  ' 

track.  restored  to  the  same  condition  in  which  they  may  be  at  the  time 

of  laying  down  the  track  aforesaid,  at  the  expense  of  the  said 
Northern  Central  Railway  Company. 

Ibid,  8.7.  233.     Nothing  herein  contained  shall  be  construed  to  release 

Not  to  be  re-  ^aid  compauy  from  the  obligations  imposed  upon  it  by  former 
ligations  im-     Ordinances  in  reference  to  the  establishment  ofthe  grades  of  the 

posed  by  other  i  •    i  .  i 

ordinances.  strccts  upon  which  Said  temporary  track  shall  be  laid,  nor  to 
release  the  said  company  from  the  obligations  imposed  upon  it 
by  Ordinance  No.  57,  entitled  an  ordinance  to  aid  in  the  com- 
pletion of  a  continuous  line  of  railway  from  Sunbury  in  Penn- 
sylvania, to  tide  water  at  Baltimore,  passed  at  session  of  City 
Council  in  1854,  and  No.  77,  passed  the  same  session  and  year, 
entitled  supplement  to  an  ordinance  entitled  an  ordinance  to 
aid  in  the  completion  of  a  continuous  line  of  railway  from  Sun- 
bury  in  Pennsylvania,  to  tide- water  at  Baltimore,  passed  June, 
1854,  but  all  of  the  obligations  of  the  said  company  shall  con- 
tinue and  remain  as  though  this  ordinance  had  never  passed. 

No.  .s9,s.2,May  234.  The  president  and  directors  of  the  Northern  Central 
To  lay  two  Railway  Company  are  hereby  authorized  and  empowered  to 
avenue.  lay  a  track  along  the  east  and  another  along  the  west  side  of 


Railhoads.  821 

Article  XL. — Ordinances. 


Central  avenue,  commencing  at  Orleans  street  on  the  north, 
and  extending  to  and  connecting  by  turn-outs,  with  the  single 
track  of  their  road  on  Eastern  avenue. 

235.  Nothing  in  this  ordinance  shall  be  so  construed  as  to  ibid,  s.  3. 
annul  in  any  particular  the  powers  reserved  to  the  Mayor  and  Not  to  annul 

„.,       „  .,      /. -r«    ,    .  .  ^- ^  power  reserved. 

CJity  Council  of  Baltimore  in  sec.  212. 

236.  The  Canton  extension  of  the  railroad  of  the  Northern  No.  31,8. 4,May 

,  18,  '65. 

Central  Railway  Company  shall  be  constructed  on  tiie  follow-  Route  on  can- 

J  •  1      1  T»       •  1        ikT        1    '""  extension. 

ing  described  route,  that  is  to  say :  Beginning  at  the  North 
avenue,  east  of  the  present  track,  to  some  point  on  navigable 
water  on  the  northeast  branch  of  the  Patapsco  river,  east  of 
Jones'  Falls  ;  and  in  the  location  and  construction  of  the  same 
the  said  company  shall  be  permitted,  under  the  direction  and 
with  the  consent  of  the  said  Mayor  and  City  Commissipner,  to 
adopt  such  grades  and  curves  as  may  enable  them  advan- 
tageously to  use  locomotive  engines  thereon  ;  provided,  that 
no  grade  of  any  street  already  graded  and  paved  shall  be 
altered  or  interfered  with,  except  under  the  direction  of  the 
Mayor  and  City  Commissioner;  and  provided,  that  the  whole 
may  be  under  such  salutary  regulations  as  the  city  authorities 
may  from  time  to  time  prescribe ;  provided,  further,  that  the 
branch  road  as  aforesaid,  in  its  construction,  shall  be  carried 
under  the  North  avenue,  Decker,  Charles,  St.  Paul,  North 
and  Belvidere  streets  and  York  avenue,  and  all  lands  and 
alloys  intervening  between  said  North  avenue  and  the 
streets  as  aforesaid,  and  by  a  tunnel  commencing  at  York  ave- 
nue ;  thence  southeasterly  to  the  northernmost  corner  of  the 
burial  ground  of  the  Second  Presbyterian  Church  ;  the  centre 
line  of  said  branch  road  at  said  corner  to  be  thirty-three  feet 
therefrom,  measured  at  right  angles  to  the  direction  of  said 
branch  road ;  thence  continuing  to  its  intersection  with  Biddle 
street ;  the  tunnel  terminating  at  a  point  west  of  Gay  street, 
crossing  Gay  street  at  its  present  level  as  now  graded  and 
paved,  and  connecting  said  tunnel  line  as  prolonged  by  a  light 


822 


Railroads. 


Article  XL. — Ordinances. 


curve  with  Biddle  street ;  thence  easterly  along  the  centre  line 
of  Biddle  street  to  a  point  five  hundred  and  seventy-three  feet 
west  of  the  central  intersection  of  Biddle  and  Chesapeake 
streets;  thence  connecting  Biddle  and  Chesapeake  streets  by  a 
curve  of  five  hundred  and  seventy-three  feet  radius  to  the  right, 
said  curve  terminating  at  a  point  in  the  centre  line  of  Chesa- 
peake street,  five  hundred  and  seventy-three  feet  south  of  the 
central  intersection  of  Chesapeake  and  Biddle  streets ;  thence 
southerly  along  the  centre  line  of  Chesapeake  street  to  its 
intersection  with  the  aforesaid  branch  road,  as  located  under 
the  provisions  of  sec.  2,  (sec.  215,  ante,)  of  Ordinance  No.  55, 
entitled  an  ordinance  to  authorize  the  Baltimore  and  Susque- 
hanna Railroad  Company  to  extend  their  road  to  t  de-water, 
(sees.  214-226,  ante,)  and  thence  by  the  aforesaid  location  to  its 
terminus  at  tide-water,  on  the  northwest  branch  of  the  Patapsco 
river,  within  the  present  corporate  limits  of  thecity  of  Baltimore; 
provided,  that  so  far  as  changes  of  any  of  the  grades  of  the  said 
streets,  lanes  or  alleys  shall  or  may  be  rendered  necessary  by 
the  execution  and  completion  of  the  said  Canton  extension,  the 
said  Northern  Central  Railway  Company  shall,  under  the 
direction  of  the  said  Mayor  and  City  Commissioner,  make  the 
said  changes,  and  complete  and  finish  the  new  grading  and 
paving  of  the  said  streets,  lanes  and  alleys  in  a  reasonable 
time,  and  in  a  workmanlike  manner. 


To  tide-water. 


Changes 

Grading  and 
paving. 


Ibid,«.  5. 
PeD»lly. 


237.  The  Northern  Central  Railway  Company  shall  com- 
plete, fit  for  use,  the  Canton  extension,  upon  the  route  and 
plan  above  mentioned,  on  or  before  July  1,  1868  ;  but  in  case 
said  Canton  extension  shall  not  be  completed  by  that  time,  the 
said  Northern  Central  Railway  Company  shall  pay  to  the  Mayor 
and  City  Council  of  Baltimore  the  sum  of  two  thousand  dollars 
monthly  for  two  years  after  the  expiration  of  the  said  three 
years,  and  three  thousand  dollars  monthly  thereafter,  until  the 
said  extension  is  completed ;  the  said  payment  so  to  be  made  to 
be  regarded  as  liquidated  damages,  and  not  by  way  of  penalty. 


Eailboads.  823 

Article  XL. — Ordinances. 


238.  The  Northern  Central  Railway  Company  is  hereby  ibid,  s.  6. 
expressly  authorized  to  change  their  route  to  the  Cal  vert  street  to  change 

route. 

station  in  the  city  of  Baltimore,  and  is  authorized  to  make, 

construct  and  use  the  same,  according  to  a  second  plan  and  pian  »ni  pro- 
file, 
profile  now  on  file  in  the  City  Register's  office,  setting  forth 

the  routes  and  grades  thereof,  and  authenticated  by  the  signa- 
tures of  the  Register  of  said  city  and  the  president  of  tlie  said 
Northern  Central  Railway  Company. 

239.  The  said  Northern  Central  Railway  Company  shall,  iwd,  8.  e. 
and  it  is  made  a  condition  precedent  to  the  grant  mentioned  offices  to  be 
in  this  ordinance,*  that  it  will  forever  hold  its  chief  offices,  to  more, 
wit:  secretary,  treasurer,  superintendent,  master  of  transpor- 
tation, and  master  of  machinery,  in  the  city  of  Baltimore ; 

that  it  will  hold  there  its  elections  and  the  regular  meetings 
of  its  directors  ;  and  also  that  said  Northern  Central  Railway 
Company  shall,  within  the  limits  of  the  city  of  Baltimore,  or 
within  two  miles  thereof,  establish  and  forever  maintain  its 
principal  workshops  for  all  the  purposes  for  which  workshops 
are  needed  by  the  company,  and  be  required  to  keep  the  Bridges  and 
bridges  and  streets  in  order  on  their  line  of  road,  within  and  kept  in  order, 
two  feet  on  the  outer  line  of  their  track  or  tracks  on  either 
side,  in  thorough  repair. 

240.  The  Northern  Central  Railway  Company  shall  deposit  ibid,  s,  9. 
in  the  office  of  the  City  Commissioner  plats  showing  the  loca-  to  depoiit 
tion,  with  reference  to  the  corners  of  the  nearest  streets,  of  the  ''  "'*' 
beginning  and  ending  of  each  and  every   curve,  as   located 
within  the  limits  of  the  city  of  Baltimore. 

241.  The  city  reserves  the  right  of  domain  to  all  streets  i^id  s.  10. 
occupied  by  the  Northern  Central  Railway  Company,  whether  Domain  to 
laid  out  according  to  the  plat  of  the  commissioners  appointed  ^'"*'*' 
by  the  General  Assembly  in  eighteen  hundred  and  eighteen, 

*  See  the  rest  of  this  ordinance  under  Stocks,  Loans  and  Finance,  Art. 
XL VI,  Northern  Central  RAiiiWAY. 


824  Railroads. 

Article  XL. — Ordinances. 


or  laid  out  by  the  railway  company  in  pursuance  of  this  ordi- 
nance, or  of  Ordinance  No.  55,  entitled  an  ordinance  to  author- 
ize the  Baltimore  and  Susquehanna  Railroad  Company  to 
extend  their  road  to  tide-water,  June  20,  1854,  (sees.  214-226, 
ante.) 

Ibid,  8.11.  242.     If  the  said  Northern  Central  Railway  Company  shall. 

Assent  to  ordi-  On  or  bcforc  the  first  day  of  July  next,  in  a  general  meeting 
of  its  stockholders,  approve,  assent  and  agree  to  the  several 
provisions  of  this  ordinance,  and  shall  communicate  said  ap- 
proval, assent  and  agreement,  under  its  corporate  seal  and  the 
signature  of  its  president,  to  the  Register  of  the  City  of  Balti- 
Not  binding  un-  more,  to  be  rccorded  and  preserved  in  his  oflSce,  then  this  ordi- 

less  company  '^ 

agree.  naucc,  and  every  provision  and  stipulation  thereof,  shall  be 

binding  upon  the  said  Mayor  and  City  Council  and  the  said 
Northern  Central  Railway  Company. 

No.  76,  June  20,      243.     The  Northcm  Central  Railway  Company  is  hereby 
Track  on  East-  authorized  to  lay  a  single  track  of  railway,  with  tram   rail, 

ern  avenue,  &c.  .  -n 

from  the  intersection  of  its  track  on  Eastern  avenue  and  Eden 
street,  south  on  Eden  street  to  Aliceanna  street,  and  a  track, 
with  tram  rail,  on  Aliceanna  street,  from  its  intersection  with 
ProTisos.  Bond  street  west  to  Albemarle  street;  provided,  the  track 

extending  from  Central  avenue  on  Eastern  avenue,  running 
west  to  Exeter  street,  and  thence  on  Exeter  street  to  Aliceanna 
street,  be  removed ;  and  provided,  further,  that  the  track  on 
Eastern  avenue,  from  Eden  street  to  Bond  street,  and  thence 
on  Bond  street  to  Aliceanna  street,  be  also  removed. 

Powers  re-  244.     Nothing  in  the  above  section  shall  be  construed  as  to 

annul  in  any  particular  the  powers  reserved  to  the  Mayor  and 
City  Council  in  sec.  212. 

No. 38, Mays,        245.     The  Northcm  Central  Railroad  Company  is  hereby 
Red  lighis.       required  to  place  a  red  light  upon  each  car  passing  along  Mon- 
ument street  and  Central  avenue  after  dark,  and  said  light 
shall  be  so  displayed  as  to  be  seen  by  vehicles  coming  from 


Railroads.  825 

Article  XL. — Ordinances. 


either  north  or  south,  east  or  west ;  and  the  said  company  is 

also  required  to  place  bells  upon  all  horses  drawing  said  cars;  Beiison  horses. 

and  any  violation  of  this  ordinance  shall  subject  the  offending 

party  to  a  fine  of  fifty  dollars,  the  same  to  be  collected  as  all  Penalty. 

other  city  fines  are  collected,  and  to  be  paid   into  the  city 

treasury. 

Note.— Ordinance  No.  77,  September  28, 1868,  recites :  that  it  is  desirable 
that  railway  tracks  in  the  city  should  be  so  constructed  as  that  they  should 
cross  or  pass  along  the  streets  below  the  grade  thereof  wherever  practicable ; 
and  that  the  Northern  Central  Railway  Company  desires  to  remove  the 
tracks  of  its  railway  leading  to  Calvert  Station,  from  their  present  location 
to  the  northeastern  side  of  Jones'  Falls,  and  desires  so  to  construct  its  new 
tracks  as  that  wherever  they  cross  or  pass  along  streets  the  said  tracks  shall 
be  constructed  below  the  grade  of  said  streets  wherever  such  method  of  con- 
struction is  practicable ;  and  that  the  owners  of  a  majority  of  the  feet  of 
ground  fronting  and  binding  on  the  streets  named  in  this  ordinance  have 
presented  to  the  Mayor  and  City  Council  their  petition,  asking  the  grades  of 
said  streets  may  be  changed  between  the  points  named  in  this  ordinance  ; 
therefore  it  enacts :  that  the  grade  of  Charles  street,  between  Hoffman  and 
Lanvale  streets,  and  the  grade  of  Eager  street,  between  North  and  Buren 
streets,  be  raised  and  changed  under  the  direction  of  the  Mayor  and  City 
Commissioner,  so  as  to  enable  the  Northern  Central  Railway  Company  to 
construct  its  railway  tracks  under  said  streets,  and  all  open  cuts  along  Hoff- 
man and  other  streets  shall  be  tunneled  by  the  said  railway  company ;  that 
the  present  track  belonging  to  the  said  Northern  Central  Railway  Company, 
extending  from  Cathedral  street  to  Eager  street,  shall  be  removed  by  said 
company  within  three  months  after  the  new  tracks  are  ready  for  operation, 
under  a  penalty  of  fifty  dollars  for  each  day  said  present  track  shall  remain 
after  the  expiration  of  said  three  months;  all  expenses  to  be  paid  by  com- 
pany. This  ordinance  is  construed  in  N.  C.  R.  W.  Co.  v.  Mayar,  &e.,  46 
Md.  425. 

By  the  Act  of  1878,  c.  410,  the  Mayor  and  City  Council  are  authorized  and 
empowered  to  alter  the  grades  of  Madison,  Buren  and  North  streets  so  as  to 
give  the  bed  of  Madison  street  sufl5cient  elevation  to  enable  the  tracks  of  the 
Northern  Central  and  Western  Maryland  Railroads  to  pass  under  the  bed 
of  Madison  street. 

By  Ordinance  No.  20,  April  7, 1873,  the  Northern  Central  Railway  Com- 
pany was  notified  and  required  to  open  Dolphin  street  of  a  width  of  sixty 
feet  in  a  straight  line  to  Cathedral  street,  and  to  give  for  the  purposes  of  a 
street  a  strip  of  ground  along  the  east  side  of  Foster  alley,  forty  feet  in  depth, 
and  extending  from  Dolphin  to  Preston  streets,  thereby  making  Foster  alley, 
now  twenty  feet  wide,  a  sixty  feet  street,  and  further  to  open  Preston  street, 


826  Railroads. 

Article  XL. — Ordinances. 


PHILADELPHIA,  WILMINGTON  AND  BALTIMORE  RAILROAD. 

Aug.  2, '37.  246.     The  Baltimore  and  Port  Deposit  Railroad  Company* 

are  authorized  to  continue  and  extend  their  track  of  railway 

from  Foster  alley  to  Cathedral  street,  and  to  deed  to  the  city  of  Baltimore 
the  ground  so  to  be  given  for  the  beds  of  said  streets,  in  conformity  with  the 
Act  of  1849,  c.  533,  sec.  3.    (See  p.  810,  anU.) 

By  Ordinance  No.  39,  June  2,  1877,  the  City  Commissioner  was  authorized 
and  directed  to  construct  a  bridge  over  Jones'  Falls  and  the  tracks  of  the 
Northern  Central  Railway  Company  at  Calvert  street.  (See  Art.  XXX, 
Jones'  Falls.) 

By  Ordinance  No.  102,  June  3,  1876,  the  Northern  Central  Railway  Com- 
pany was  authorized  to  construct,  under  the  supervision  of  the  City  Com- 
missioner, a  bridge  over  all  that  part  of  Jones'  Falls  lying  between  Monu- 
ment street  and  the  railway  bridge  of  the  company,  situated  about  two  hun- 
dred and  ten  feet  north  of  the  northwest  line  of  Madison  street,  the  said 
bridge  to  be  of  such  design,  materials  and  workmanship  as  that  it  shall  not, 
in  the  judgment  of  the  Mayor  and  City  Commissioner,  reduce  the  present 
area  of  the  water  flow  of  said  stream,  or  from  obstructions  to  boating  mate- 
rials thereon,  the  height  of  the  abutments  and  of  the  sub-structure  of  the 
said  bridge  to  correspond  to  those  of  the  bridge  recently  erected  at  Madison 
street  and  the  bridge  about  to  be  erected  at  Monument  street,  and  the  said 
bridge  shall  be  so  constructed  as  that  it  will  afford  a  sufficiently  strong  and 
convenient  wagon-way  for  vehicles  engaged  in  delivering  and  receiving 
freight  from  the  cars  and  depots  of  the  said  company  there  situated,  but  in 
no  case  shall  said  wagon -way  be  used  for  railroad  tracks  and  cars.  It  was 
further  provided  that  the  said  bridge  should  be  removed  at  any  time  after 
twelve  months'  notice  by  the  Mayor  and  City  Council  of  Baltimore,  the 
expense  of  removal  to  be  borne  by  the  Northern  Railway  Company ;  and 
that  the  whole  cost  and  expense  of  the  construction  of  the  bridge,  as  well  as 
of  its  future  maintenance,  and  of  the  re-construction  and  repair  of  the  walls  of 
the  Falls  along  the  line  of  the  bridge,  whenever  the  same  may  be  necessary, 
be  borne  by  the  Northern  Central  Railway  Company;  tliis  ordinance  to 
take  effect  as  soon  as  the  railway  company  shall  deliver  to  the  Mayor  an 
'  agreement,  under  its  corporate  seal,  abandoning  the  use  as  a  water-way  of 

the  mill-race  known  as  Warfield's  Race,  and  to  fill  up  the  same;  and  also 
releasing  all  claims  for  damages  against  the  city  which  might  arise  in  con- 
sequence of  granting  the  permission  hereby  given,  as  well  as  all  claims  for 
damages  growing  out  of  acts  of  omission  or  commission  on  the  part  of  the 
Mayor  and  City  Council  of  Baltimore,  in  connection  with  the  Warfield 
property  or  mill-race. 

*  By  1881,  c  288,  s.  25,  the  directors  of  said  Baltimore  and  Port  Deposit 
Railroad  Company  were  autliorized  to  extend  the  said  railroad  to  any  point 


Railroads.  827 

Article  XL. — Ordinances. 


alonff  Fleet  street,  westwardly  from  its  intersection  with  Car-  Tracks  laid 

"  '  •'  along  Fleet 

loine  street  to  the  intersection  with  President,  and  to  build  a  street,  &c. 
bridge  over  Harford  run,  on  Fleet  street,  under  the  direction 
of  the  City  Commissioner  ;  provided,  the  said  company  agree  to  Proviso, 
remove  the  railway  from  Wilk  and  Caroline  streets,  and  re-place 
the  pavement  in  said  streets ;  and  the  Mayor  is  authorized  to 
give  the  assent  of  the  city  for  the  passage  of  and  construction  Assent  ef 
of  said  railroad    track  in  front  of  and  along  any  property  be- 
longing to  the  city. 

247.     If  at  any  time  after  the  introduction  of  railways  into  No.  70,  June le, 
the  streets  of  the  city  by  the  president  and  directors  of  the  Railroad  com- 

•'        •'  '  pany  not  to  ob- 

Baltimore  and  Port  Deposit  Railroad  Company,  formerly  so  «""<=t  streets, 
called   but  now  known  by  the  name  of  the  Philadelphia,  Wil- 
mington and   Baltimore  Railroad  Company,*  it  shall  appear 
that  the  said  railways,  or  any  part  thereof,  shall  constitute  an 
obstruction  or  impediment  to  the  ordinary  use  of  any  street 

or  points  within  the  said  city  of  Baltimore  which  they  may  think  proper, 
and  to  make  and  extend  the  said  road  from  such  point  to  the  outer  limits  of 
the  said  city ;  and  that  the  same  powers,  rights  and  privileges  shall  be,  and 
are  hereby,  granted  to  the  aforesaid  company,  within  the  limits  of  the  city  of 
Baltimore,  in  relation  to  and  in  connection  with  the  said  railroad  within  the 
said  city,  as  are  granted  to  them  in  relation  to  and  in  connection  with  the 
said  Baltimore  and  Port  Deposit  Railroad  Company  in  any  other  part  of  the 
State ;  and  the  said  company  shall  within  the  said  city  be  subject  to  the  same 
obligations  that  are  imposed  upon  them  in  other  parts  of  the  State ;  provided 
always,  that  the  railroad  to  be  constructed  within  the  said  city  shall  be  so  con- 
structed and  made  as  not  to  interfere  with  the  free  use  and  travelling  on  the 
streets  of  the  said  city ;  and  provided ,  also,  that  the  said  railroad  shall  not 
pass  through  any  of  the  streets,  lanes  or  allej's  of  said  city  without  the  con- 
sent of  the  Mayor  and  City  Council  of  Baltimore  being  first  had  and  obtained. 

*  The  Philadelphia,  Wilmington  and  Baltimore  Railroad  Company  was 
formed  by  the  union  of  several  railroad  companies  previously  charted  by  Mary- 
land, Delaware  and  Pennsylvania,  two  of  which  were  the  Baltimore  and 
Port  Deposit  Railroad  Company,  whose  road  extended  from  Baltimore  to  the 
Susquehanna,  lying  altogether  on  the  west  side  of  the  river,  and  the  Delaware 
and  Maryland  Railroad  Company,  whose  road  extended  from  the  Delaware 
line  to  the  Susquehanna,  and  lying  on  the  east  side  of  the  river.  Phil.,  Wikn- 
&  Bait.  R.  R.  Co.  V.  Md.,  10  How.  S.  C.  R.  376. 


828 


Railroads. 


Article  XL. — Ordinances. 


or  streets  of  which  the  said  Mayor  and  City  Council  shall  be 
the  sole  judges,  the  directors  aforesaid  shall,  on  the  requisition 

Remedy.  of  the  Mayor,  either  forthwith  provide  a  remedy  for  the  same, 

satisfactorily  to  the  said  Mayor  and  City  Council  ;  or,  if  they 
fail  to  find  such  remedy,  they  shall,  within  one  month  after 

Duty  of  Mayor,  receiving  such  requisition,  proceed  to  remove  such  obstruction 
or  impediment,  and  to  replace  the  street  or  streets  in  the  same 
condition  in  which  they  were  before  the  railway  was  laid  down  ; 
and  should  the  said  president  and  directors  decline  or  neglect 
to  obey  the  requisition  of  the  Mayor,  the  Mayor,  after  having 

Notic«.  given  one  month's  notice,  shall  cause  the  obstructions  or  im- 

pediments to  be  removed,  and  the  original  condition  of  the  street 
or  streets  restored,  at  the  expense  of  the  said  president  and 
directors. 


No.  14,  April  18, 
'6i. 

Canton  Com- 
pany to  con- 
struct a  track 
on  Chester  and 
Aliceanna 
streets. 


Proviso. 


Track — how 
constructed. 


248.  The  Canton  Company  is  hereby  authorized  to  con- 
struct a  railway  track  on  Chester  and  Aliceanna  streets,  be- 
tween their  warehouses,  situate  on  the  south  side  of  Aliceanna 
street,  east  of  Chester  street,  and  the  track  of  the  Philadelphia, 
Wilmington  and  Baltimore  Railroad  Company  on  Boston 
street;  provided,  the  written  consent  of  the  owners  of  a  ma- 
jority of  the  front  feet  of  property  on  the  streets  along  which 
said  track  is  proposed  to  be  laid  be  first  obtained  ;  the  work 
to  be  done  under  the  superintendence  of  the  City  Commissioner; 
the  track  laid  under  the  authority  hereof  shall  be  constructed 
in  conformity  with  the  conditions  of  the  ordinance  in  this  ar- 
ticle intended  to  prevent  the  obstruction  of  travel  upon  streets.* 


> 


*  Ord.  No.  42,  June  2,  '62,  enacted :  that  upon  the  railway  tracks  authorized 
to  be  constructed  by  the  above  ordinance,  the  Philadelphia,  Wilmington  & 
Baltimore  Railroad  Company  are  authorized,  with  the  consent  of  the  Can- 
ton Company,  to  use  locomotive  engines;  subject, however,  to  the  conditions 
of  the  ordinance  regulating  the  speed  of  locomotives  within  the  city  of  Bal- 
timore.   (See  sec  14,  p.  727,  arde.) 

Note. — In  an  action  against  a  railroad  company  the  defendant  proved 
that  a  fire,  for  which  damages  were  claimed,  began  on  a  lot  owned  by  one 
H.,  immediately  adjoining  the  railroad  and  covered  with  broom-sedge  and 


Railroads,  829 

Article  XL. — Ordinances. 


UNION  RAILROAD. 

249.  The  Union  Railroad  Company  of  Baltimore  is  hereby  No  2,  Dec.  1, 
authorized  and  empowered,  in  the  construction  of  its  railroad,  to  lower  bed  of 

^  _  _  Belair  avenue. 

to  lower  the  bed  of  Belair  avenue,  at  the  point  where  it  will 
be  crossed  by  the  said  railroad,  not  more,  however,  than  five 
and  one-half  feet  below  the  present  surface  of  the  avenue  at 
said  point,  said  railroad  company  to  defsfty  every  expense  at- 
tending such  change  of  grade,  such  as  grading,  paving,  re-set- 
ting  railroad  track,  &c.;  also  any  damage  arising  to  the 
property  therefrom,  and  to  construct  a  bridge  over  the  said  Bridge, 
avenue,  the  bottom  of  which  shall  be  not  less  than  fifteen  feet 
above  such  new  grade  of  said  avenue,  for  the  passage  of  loco- 
motives and  cars  being  used  upon  the  said  railroad  ;  provided,  Proviso, 
the  signatures  of  two-thirds  of  the  owners  of  the  property  on 
Belair  avenue  adjoining  the  proposed  change  of  grade  be 
obtained. 

250.  The  said  company  is  hereby  authorized  and  empower-  ibid.ss.  a,  3. 
ed,  in  the  construction  of  its  railroad,  to  occupy  the  beds  of  John  to  occupy  bed 

,  of  John  and 

and  Wolfe  streets,  at  their  intersection,  to  such  extent  as  may  woife streets. 
be  necessary,  and  to  construct  its  road  upon  the  same,  with 
such  grade  as  the  convenience  of  the  said  company  may  re- 
quire ;  provided,  however,  that  before  the  said  company  shall  ProvUo, 

dry  grass;  that  the  fire  burned  across  this  lot,  about  one  hundred  and  fifty 
yards  to  the  land  of  the  plaintiffs,  where  it  encountered  a  fence  and  dry 
grass,  and,  spreading  from  these,  destroyed  young  timber,  fences,  and  fence- 
rails  on  said  land.    Held  : 

1.  That  the  fact  that  the  fire  was  first  communicated  to  the  material  on 
the  land  of  the  adjacent  proprietor,  H,  did  not  effect  the  defendant's  respon- 
sibility to  the  plaintiffs. 

2.  That  the  fire  injured  the  plaintiffs'  property  in  its  natural  and  direct 
course,  and  by  naturally  and  gradually  spreading  from  the  place  where  it 
began  .without  any  intervening  force  or  power,  and  the  injury  was  therefore 
its  proximate  effect.  PhUa.  Wilm.  &  Bait.  R.  R.  Co.  v.  Constable,  39  Md. 
150.  (See  note  of  Bait.  <&  Potomac  R.  R.  Co.  v.  Rmiwy,  42  Md.  118,  on  p.  807 
ante.) 


88^  Kailroads. 

Article  XL. — Ordinances. 


make  use  of  the  same  for  the  passage  of  its  locomotives  or 

Wagon  ways,    cars,  it  shall  provide  convenient  wagon  ways  for  travel  on  both 

sides  of  its  railway  tracks,  each  not  less  than  thirty-three  feet 

in  width,  calculated  from  the  nearest  rail  of  the  road  of  said 

How  changes     compauy:   the   changes   aforesaid   shall   be  under   the  super- 
made.  IT      ./ 

vision  of  the  City  Commissioner,  and  in  a  manner  to  be  ap- 
proved by  him. 

No.  77,  June  21,      251.     The  Uniou  Eailroad  Company  of  Baltimore  is  here- 
Authorized  to    by  authorized  to  construct  its  railroad  under  the  Belvidere 

construct  its  -^ 

Be'ividerrstre'et  Street  or  road,  at  a  point  northeast  of  the  Belvidere  bridge; 

Proviso.  provided,  however,  that  the  said  company  shall  construct  over 

the  said  railroad  a  bridge  not  less  than  twenty-five  feet  in 
width,  with  sides  of  sufficient  height  in  the  opinion  of  the  City 
Commissioner,  and  that  the  grade  of  the  said  street  or  road 
shall  not  be  made  higher  than  that  provided  for  by  an  ordi- 
nance of  the  Mayor  and  City  Council  of  Baltimore,  entitled 
an  ordinance  to  change  the  grade  of  Belvidere  street  or  road, 
at  the  northca  t  end  of  Belvidere  bridge,  [No.  75,  June  21, 
1873,]  and  that  the  inclines  from  each  end  of  the  bridge  shall 
not  be  steeper  than  those  provided  for  in  said  ordinance,  and 
that  the  work  shall  be  done  to  the  satisfaction  of  the  City 
Commissioner;  provided,  further,  that  nothing  herein  contained 
shall  be  construed  to  prevent  the  repeal  of  this  ordinance  at 
any  time  hereafter. 

Note.— As  to  right  of  Union  Eailroad  Company  under  legislative  grant 
of  power  to  cross  Baltimore  and  Havre-de-Grace  Turnpike,  see  B.  &  H.  T. 
Co.  v.  U.  R.  B.  Co.,  45  Md.  224. 

Ord.  No.  75,  Sept.  26,  '68,  enacted :  that  the  Union  Railroad  Company  is 
authorized  to  raise  the  grade  of  Greenmount  avenue  at  its  intersection  with 
Hoffman  street,  from  four  to  six  feet  from  wliat  it  now  is,  and  Charles  street 
at  its  intersection  with  the  old  Falls  road,  between  Lanvale  and  Federal 
streets,  to  an  elevation  of  from  eight  to  eleven  feet,  all  of  which  shall  be  done 
under  the  supervision  of  the  City  Commissioner,  and  be  properly  graded, 
paved  and  bridged ;  expenses  to  be  paid  by  company. 


Railroads.  831 

Article  XL. — Ordinances. 


WESTERN  MARYLAND  RAILROAD. 

252.     The  Western  Maryland  Railroad  Company  and  its  No.  95,  Oct.  22, 
assigns  are  hereby  authorized  and  empowered  to  lay  down  and  Tram  Railway, 
maintain  a  line  of  tram  railway  track  or  tracks,  with  necessary 
turn-outs  and  turn-tables,  on  Patterson  avenue,  Fremont,  Cook 
and  Sewell  streets,  from  the  depot  of  the  said  company,  west 
of  Fulton  street,  to  Pennsylvania  avenue,  and  to  connect  with 
the  double  track  of  the  City  Passenger  Railway  Company  at 
Pennsylvania  avenue,  and  with  the  tracks  of  the  Citizens' 
Railway  Company  at  Strieker  and  Gilmor  streets,  and  to  run 
cars  by  horse  power  upon  the  track  or  tracks  so  to  be  con- 
structed;   the  said    track  or   tracks  shall   be  laid   under  the  iwd,  s.  2. 
supervision  of  the  City  Commissioner,  and  in  a  manner  which  howw*. 
shall  meet  his  approval. 


Note. — The  Circuit  Court  of  Baltimore  City  has  no  jurisdiction  to  enjoin 
proceedings  in  fieri  under  the  charter  of  West.  Md.  R.  R.  Co.,  for  objections 
apparent  upon  their  face  or  otherwise,  the  Superior  Court  having  special  and 
complete  authority  to  adjudge  and  determine  them.  West.  Md.  R.  R.  Go. 
V.  Patterson,  37  Md.  126. 

Baltimore,  Calverton  and  Powhatan  Railroad.— The  Baltimore, 
Calverton  and  Powhatan  Railroad  Company  was  incorporated  by  Act  of 
1870,  c.  469,  to  construct  a  railroad  from  some  convenient  point  in  the  city 
of  Baltimore,  at  or  near  the  terminus  of  the  City  Passenger  Railway  on 
Baltimore  street,  or  north  of  the  Frederick  road,  thence  by  the  Calverton 
road,  Baltimore  turnpike  and  Liberty  road,  either  or  both,  or  such  other 
route  or  routes  as  they  may  select,  lia  the  junction  of  the  Baltimore  and 
Liberty  turnpike  road  and  Windsor  Mill  road  to  Wetheredsville,  Franklin- 
town,  Powhatan,  or  to  any  one  or  all  of  said  places. 

The  Act  of  1872,  c.  285,  authorizes  the  Baltimore,  Calverton  and  Powha- 
tan Railroad  Company  to  acquire,  by  purchase  or  otherwise,  all  the  cor- 
porate rights  and  franchises  of  the  Hookstown  and  Pimlico  branch,  and  the 
Randallstown  branch  of  the  Baltimore,  Calverton  and  Powhatan  Railroad 
Company,  or  either  of  them,  so  as  to  unite  all  the  rights  and  franchises  of 
the  said  Baltimore,  Calverton  and  Powhatan  Railroad  Company,  and  the 
two  branches  above  mentioned,  into  one  road. 

Baltimore,  Catonsville  and  Ellicott's  Mills  Passenger  Rail- 
way.—The  Baltimore,  Catonsville  and  Ellicott's  Mills  Passenger  Railwayi 


Eailboads. 


Article  XL. — Ordinances. 


from  the  western  limits  of  the  city  of  Baltimore  to  the  village  of  Catons- 
ville,  (and  thence  authorized  to  EUicott  City  and  Clarksville,)  was  constructed 
under  1860,  c.  34,  and  1865,  c.  63.    (See  1878,  c.  39.) 

The  Act  of  1874,  c.  113,  authorized  this  company  to  use  steam  instead  of 
horse  power  for  the  transportation  of  passengers ;  provided,  the  Baltimore 
and  Fredericktown  Turnpike  Road  Company  consent  to  the  use  of  steam 
instead  of  horse  power  on  said  railway ;  and  that  the  locomotives  used  be 
smokeless,  fireless  and  noiseless,  except  ordinary  noise  and  smoke  from 
running  of  cars. 

The  acts  of  incorporation  of  these  companies  are  construed,  in  Peddicord 
V.  Baltimore,  Catonsville  and  EllicoWs  Mills  Passenger  Railway  Co^npany,  34 
Md.  465.  By  Resolution  No.  345,  May  26,  1875,  the  City  Commissioner  was 
authorized  to  change  the  location  of  the  track  of  this  railroad  from  the  side 
to  the  centre  of  Frederick  avenue,  and  to  lay  down  tram  rail. 

Baltimore  and  Delta  Railway. — The  charter  of  the  Baltimore  and 
Bwann  Lake  Passenger  Railway  Company,  incorporated  by  Act  of  1868,  c. 
314,  was  amended  by  Act  of  1874,  c.  272,  and  the  name  changed  to  the 
Baltimore,  Hampden  and  Towsontown  Railway  Company.  This  company 
was  consolidated  with  the  Baltimore  and  Delta  Railway  Company  (incor- 
porated by  Act  of  1870,  c  476,)  by  Act  of  1878,  c.  195,  to  be  known  by  the 
latter  name. 

Baltimore,  Hampden  and  Lake  Roland  Railroad. — The  Baltimore, 
Hampden  and  Lake  Roland  Railroad  Company  was  incorporated  by  Act  of 
1872,  c.  284 ;  the  company  is  authorized  to  construct  a  railway,  with  one  or 
two  tracks  and  the  necessary  sidelings,  for  the  transportation  of  travellers  or 
freight  by  horse  power,  and  have  the  exclusive  use  of  any  streets  or  county 
roads  over  which  they  may  wish  to  lay  their  track,  between  Boundary 
avenue  and  Lake  Roland ;  provided ,  said  track  or  tracks  are  constructed  in 
such  a  manner  as  not  to  interfere  with  the  travel  over  said  streets  or  roads. 

Baltimore,  Highlandtown  and  Riverview  RaijiROAD — This  com- 
pany was  incorporated  by  the  Act  of  1878,  c.  298. 

Baltimore  and  Pikesville  Railroad. — The  Act  of  1870,  c.  249,  au- 
thorized the  laying  of  a  railroad  by  the  Baltimore  and  Reisterstown  Turn- 
pike Company,  between  Baltimore  city  and  Pikesville,  in  Baltimore  county. 
The  sixth  section  thereof  authorizes  the  company  to  extend  their  railway  to 
such  points  iu  the  city  of  Baltimore  and  to  connect  with  such  of  the  rail- 
ways in  said  city,  or  which  may  be  constructed  therein,  as  the  Mayor  and 
City  Council  of  Baltimore  shall  permit,  direct  and  ordain,  and  subject  to 
such  restrictions,  terms  and  conditions  as  said  Mayor  and  City  Council  may 
prescribe  and  impose,  and  as  the  Baltimore  City  Passenger  Railway  Com- 
Ijany  shall  consent  and  agree  to. 


Eailroads.  833 

Article  XL. — Ordinances. 


Caruollton  Avenue  RAiiiROAD. — The  Carrollton  Avenue  Company, 
incorporated  by  the  Act  of  1860,  c.  113,  was  authorized  by  Act  of  1870,  c.  47i 
to  construct  a  passenger  railway  with  one  or  more  tracks  along  and  upon  the 
road  and  route  upon  which  by  the  original  act  and  this  supplement  it  was 
authorized  to  construct  a  turnpike  road ;  viz :  from  some  point  within  the  city 
limits,  to  run  along  or  near  the  lands  of  Robert  Fowler,  deceased,  and  continue 
thence  to  some  point  on  the  Patapsco  river,  near  Orange  Grove  Mill,  with  lat- 
eral branch  to  some  point  on  the  said  river,  near  the  Relay  House  Station  on 
Baltimore  and  Ohio  Railroad,  and  to  extend  the  avenue  through  Howard 
county  to  a  point  on  Columbia  turnpike,  at  or  near  Pushpin  bridge,  on  the 
Patuxent  river.  It  further  provides,  that  the  Carrolltfm  Avenue  Company 
shall  have  the  right,  subject  to  such  general  regulations  as  the  Mayor  and  City 
Council  of  Baltimore  shall,  from  time  to  time,  establish  and  ordain  for  the  gov- 
ernment of  passenger  railways  within  the  limits  of  said  city  of  Baltimore,  of 
connecting  with  any  other  railways  or  roads  which  are  now,  or  may  l)e  con. 
structed. 


834 


Registration  of  Births  and  Deaths. 


Article  XLI. — Ordinance. 


ARTICLE  XLI. 


REGISTEATION  OF  BIRTHS  AND  DEATHS. 


ORDINA  NCE . 


Duty  of  Health  Commissioner: 
books. 

Duty  of  physician  or  coroner: 
certificate  of  death:  exception: 
illegitimate  children. 

Duty  of  sexton,  &c.:  of  under- 
taker: proviso. 

Return  of  certificate  of  death  to 
the  Board  of  Health. 


5.  Penalty  against  physician  or  cor- 

oner, undertaker,  &c. 

6.  Midwives:    registry    of   births: 

duty  of  parents  :  exception. 

7.  Names  of  physicians,  midwives, 

undertakers  and  sextons. 

8.  Registries  of  births  and  deaths 

accessible  to  public. 

9.  Form  of  books. 
10.    Blanks. 


ORDINANCE  . 

No.  86,  Oct.  6,        1.     The   Commissioner   of    Health   shall   provide   suitable 

'74.  _  _  *  .         , 

Duty  of  Health  books  in  which  he  shall  register,  in  the  manner  hereinafter 
directed,  the  returns  made  to  him  of  the  births  and  deaths 
which  may  occur  within  the  city  of  Baltimore,  together  with 
the  reported  causes  of  death  in  each  case. 

Ibid,  8. 2.  2.     Whenever  any  person  shall  die  in  the  said  city,  it  shall 

Duty  of  physi-  be  the  duty  of  the  physician  who  attended  during  his  or  her 
last  sickness,  or  of  the  coroner,  when  the  case  comes  under  his 
notice,  to  furnish,  within  forty-eight  hours  after  the  death,  to 
the  undertaker  or  other  person  or  persons  superintending  the 
burial,  a  certificate  setting  forth,  as  far  as  the  same  can  be 
ascertained,  the  full  name,  sex,  age  and  condition,  (whether 
married  or  single,)  of  the  person  deceased,  and  the  cause  and 
date  of  death,  except  in  cases  of  the  births  and  deaths  of  ille- 
gitimate children. 


cian  or  coroner. 


Certificate  of 
death. 


Exception. 

Illegitimate 
children. 


Registbation  of  Births  and  Deaths.  835 

Article  XLI. — Ordinance. 

3.  No  person  having  the  charge,  as  sexton  or  otherwise,  of  iMd.s.  3. 
any  vault,  burying  ground  or  cemetery,  within  the  said  city,  Duty  or  sexton, 
shall  inter,  or  allow  to  be  interred,  or  place,  or  allow  to  be 

placed,  in  any  vault,  burying  ground,  or  cemetery,  the  dead 
body  of  any  person ;  nor  shall  any  undertaker  or  other  person 
remove  the  dead  body  of  any  person  who  has  died  in  the  said 
city  and  has  not  been  buried,  to  any  place  beyond  the  limits 
of  the  said  city,  without  first  procuring  the  certificate  of  the 
attending  physician  or  of  the  coroner,  or  a  written  order  from 
the  Commissioner  of  Health.  To  said  certificate  the  under-  or  undertaker, 
taker,  or  other  person  having  charge  of  the  body,  shall,  as  far 
as  can  be  ascertained,  add  the  occupation  of  the  deceased,  the 
place  of  birth,  the  ward,  street  and  number  of  the  house  in 
which  the  death  occurred,  the  place  and  date  of  interment; 
and  where  the  deceased  is  a  minor,  the  full  name  of  the 
parents.  In  case  any  person  shall  die  without  the  attendance 
of  a  physician,  or  if  the  physician  who  did  attend  at  the  time 
of  the  death  refuses  or  neglects  to  furnish  a  certificate  as  afore- 
said, it  shall  be  the  duty  of  the  undertaker,  or  of  any  other 
person  acquainted  with  the  facts,  to  report  the  same  to  the 
Commissioner  of  Health,  who  shall  be  authorized  to  give  acer 
titicate  of  death  as  aforesaid  ;  provided,  it  bo  not  a  case  requir-  Proviso, 
ing  the  attendance  of  the  coroner. 

4.  Every  sexton  or  other  person  having  charge  of  any  vault,  ibid,  s.  i. 
burying  ground,  or  cemetery,  within  the  city  of  Baltimore,  and  Return  of  certu 

J  ,  ,  1  1      11  J        1  floate  of  deatli 

every  undertaker  or  other  person  who  shall  remove  any  dead  to  Board  of 

•'  .  ^  "^  Health. 

body,  which  had  not  been  buried  from  or  out  of  the  said  city, 
shall  return  the  certificate  of  death  to  the  Board  of  Health 
before  twelve  o'clock,  M.,  on  the  Saturday  next  succeeding  the 
date  of  burial,  or  removal  of  the  body  out  of  the  city. 

5.  In  case  a  physician  or  coroner  shall  refuse  or  neglect  to  ibid,  s.  5. 
furnish  such  certificate  as  aforesaid,  he  shall  forfeit  and  pay  penalty  against 

physician,  or 

the  sum  of  ten  dollars  for  each  offence :  and  every  undertaker,  coroner,  under- 

'  •'  '  taJcer,  Ike. 

sexton,  or  other  person,  removing  the  dead  body  of  any  person, 


836 


Hegisteation  of  Births  and  Deaths. 


Article  XLI. — Ordinance. 


or  having  charge  of  any  vault,  burying  ground,  or  cemetery, 
who  refuses  or  neglects  to  perform  any  of  the  duties  required 
by  this  ordinance,  shall  forfeit  and  pay  for  every  such  offence 
the  sum  of  twenty  dollars,  which  sum  shall  be  recovered  as 
other  fines  and  forfeitures  are  recoverable. 


Registry  of 
birtba. 


Ibid,  8. 6.  6.     Every  person  practising  midwifery  in  the  city  of  Balti 

Midwives.  more,  under  whose  charge  or  superintendence  a  birth  shall 
hereinafter  take  place,  shall  keep  a  true  and  exact  register  of 
such  birth,  and  shall  enter  the  same  on  a  blank  schedule,  to 
be  furnished  by  the  Commissioner  of  Health ;  this  schedule 
shall  contain  a  list  of  the  births  which  have  occurred  under 
his  or  her  care  during  the  month,  and  shall  set  forth,  as  far  as 
the  same  can  be  ascertained,  the  full  name  of  each  child,  (if 
any  name  shall  have  been  conferred,)  its  sex,  color,  the  full 
name  and  occupation  of  its  parents,  the  day  and  place  of  its 
birth,  and  the  said  schedule  shall  be  delivered,  duly  signed  by 
the  practitioner  in  the  form  of  a  certificate,  between  the  first 
and  third  day  of  each  and  every  mouth,  to  the  Board  of 
Health.  In  case  the  birth  of  any  child  shall  have  occurred 
without  the  attendance  of  a  physician,  or  of  a  practitioner  of 
midwifery,  or  should  no  other  person  be  in  attendance  npon 
the  mother  immediately  thereafter,  it  shall  then  become  the 

Duty  of  parents,  duty  of  the  parent  or  parents  of  such  child  to  report  its  birth 
to  the  Board  of  Health  in  the  manner  and  form,  and  within 

Exception.  the  pcriod  above  required,  except  in  cases  of  the  births  and 
deaths  of  illegitimate  children. 

Ibid,  s.  7.  7.     Every  practicing  physician,  and  every  person  practicing 

Names  of  phy-  midwifery  in  the  city  of  Baltimore,  and  every  undertaker  and 

sicians,  raid-  i  •  j 

wives,  under-    superintendent  or  sexton  of  any  cemetery  or  burymg  ground 

sextons.  jjj  ^]^q  g^ij  city,  who  shall  neglect  or  refuse  to  leave  his  or  her 

name  and  place  of  residence  at  the  health  office  within  sixty 

days  after  the  Commissioner  of   Health   shall    have   given 

notice  of  this  ordinance,  and  who  shall  neglect  or  refuse  to 


Registbation  of  Births  and  Deaths.  837 

Article  XLI. — Ordinance. 

perforin  any  other  of  the  duties  required  as  aforesaid,  shall 
forfeit  and  pay  for  each  oifence  the  sum  often  dollars, 

8.  The  registry  of  births  and  deaths  shall  be  kept  in  sepa-  ibid,  s.  8. 
rate  books,  with  general  indexes  to  the  respective  records ;  and  Registries  of 

.  ,  .  ,  ,.       births  and 

said  registers  shall  at  all  times,  be  accessible  to  the  public,  deaths,  acce«8i- 

o  '  *^  ble  te  public. 

under  such  restrictions  and  regulations  as  may  be  imposed  by 
the  Commissioner  of  Health. 

9.  In  order  to  secure  uniformity  and  dispatch  in  the  regis-  iwd,  s.  o, 
tration  herein  provided  for,  the  books  shall  contain  on  the  Form  of  books, 
margin  of  each  page  printed  titles,  with  corresponding  blanks 

for  suitable  entries  for  births  and  deaths,  in  the  following 
order  :  Births — Full  name  of  the  child,  sex,  color ;  full  name 
of  the  father ;  full  name  of  the  mother  ;  day,  month  and  year 
of  the  birth  ;  street  and  number  of  the  house  where  born ; 
name  of  the  physician  or  other  person  signing  certificate  ;  his 
residence,  date  of  certificate;  date  of  registration.  Deaths — 
Full  name  of  the  deceased,  color,  sex,  age,  married  or  single, 
occupation,  birth-place,  date  of  death,  cause  of  death,  when  a 
minor,  the  name  of  the  father  and  mother,  ward,  street  and 
number  of  house,  date  of  burial,  date  of  certificate,  date  of 
registration. 

10.  The  Commissioner  of  Health  shall  keep  on  hand  at  all  iwd,  a.  lo. 
times  a  supply  of  blanks  for  gratuitous  distribution  to  all  per-  Blanks, 
sons  whose  duty  it  shall  be  to  make  returns  under  this  ordi- 
nance ;  the  said  blanks  to  be  prepared  in  the  form  of  books, 

and  the  margin  shall  correspond  with  the  printed  titles  in  the 
books  of  the  Health  Commissioner,  as  required  by  section  9 
of  this  ordinance.* 

*Ttiere  is  a  Public  Gteneral  Law,  similar  to  this  ordinance,  for  the  regis- 
tration of  births,  marriages  and  deaths,  in  the  counties  and  the  city  of  Balti- 
more, enacted  by  the  Acts  of  1865,  c.  130,  and  1866,  c.  103.  Hardesty  y.  Taft, 
23  Md.  525. 


838 


Sabbath. 


Article  XLII. — Statutes. 


AUTICLE  XLII. 


SABBATH. 


STATUTES 


1.  Observance  of  the  Lord's  day: 

penalty. 

2.  Selling,  giving  away,  &c.,  liquors, 

cigars,  &c.:  penalty:  license: 
milk  or  ice  dealers  and  apothe- 
caries. 


Keeping  open  dancing  saloons, 
opera  houses,  ten-pin  alleys,  bar- 
ber shops,  &c.,  on  Sunday :  pen- 
alty. 


0  RDIN A  NOES 


Penalty  for  driving  cattle,  &c., 
through  the  streets  on  the  Sab- 
bath :  exceptions. 

Penalty  for  selling  fruit,  liquor, 
&c.,  on  the  Sabbath. 


Penalty  for  sporting  and  gaming 

on  the  Sabbath. 
Bands  of  music  not  to  parade  on 

the  Sabbath :  penalty. 


STATUTES . 

P. G.I,., art. 30,      1.     No  pcrson  shall  work  or  do  any  bodily  labor  on  the 
Observance  of    Lord's  day,  commonly  called  Sunday ;  and  no  person,  having 

the  Lord's  day.     ,.,,  in  i  ..,  mi-i 

children  or  servants,  shall  command,  or  wittingly  or  willingly 
suffer  any  of  them  to  do  any  manner  of  work  or  labor  on  the 
Lord's  day,  (works  of  necessity  and  charity  always  excepted,) 
nor  shall  suffer  or  permit  any  children  or  servants  to  profane  the 
Lord's  day  by  gaming,  fishing,  fowling,  hunting,  or  unlawful  pas- 
time or  recreation ;  and  every  person  transgressing  this  section, 
and  being  thereof  convicted  before  a  justice  of  the  peace,  shall 
Penalty.  forfeit  five  dollars,  to  be  applied  to  the  use  of  the  county  or  city.* 


*  This  section  is  the  Act  of  1723,  c.  16,  sec.  10.  The  original  Acts  for  ob- 
servance of  the  Sabbath  were  1723,  c.  16;  1834,  c  244;  1847,  c.  193.  For 
decisions  on  these  Acts  see  State  v.  Fearson,  2  Md.  311 ;  PML,  Wilm.  &  BaZto. 


Sabbath.  839 

Article  XLII. — Statutes. 


2.     No  person  in  this  State  shall  sell,  dispose  of,  barter,  orisee.c. ee. 
if  a  dealer  in  any  one  or  more  of  the  articles  of  merchandise  seiung,  giving 

away,  &c., 

m  this  section  mentioned,  shall  give  away  on  the  Sabbath  day,  liquors,  cigars, 

'  o  ^  ./ '  &c.  on  Sunday. 

commonly  called  Sunday,  any  tobacco,  cigars,  candy,  soda  or 
mineral  waters,  spirituous  or  fermented  liquors,  cordials,  lager 
beer,  wine,  cider,  or  any  other  goods,  wares  or  merchandise 
whatsoever;  and  any  person  violating  any  one  of  the  provi- 
sions of  this  section  shall  be  liable  to  indictment  in  any  court 
in  this  State  having  criminal  jurisdiction,  and  upon  conviction 
thereof  shall  be  fined  a  sum  not  less  than  twenty  nor  more 
than  fifty  dollars,  in  the  discretion  of  the  court,  for  the  first 
offence;  and  if  convicted  a  second  time  for  a  violation  of  this 
section,  the  person  or  persons  so  offending  shall  be  fined  a  sum 
not  less  than  fifty  nor  more  than  five  hundred  dollars,  and  be  Pen«ity. 
imprisoned  for  not  less  than  ten  nor  more  than  thirty  days,  in 
the  discretion  of  the  court ;  and  his,  her,  or  their  license,  if 
any  were  issued,  shall  be  declared  null  and  void  by  the  judge 
of  said  court;  and  it  shall  not  be  lawful  for  such, person  or 
persons  to  obtain  another  license  for  the  period  of  twelve 
months  from  the  time  of  such  conviction  ;  nor  shall  a  license  License, 
be  obtained  by  any  other  person  or  persons  to  carry  on  said 
business  on  the  premises  or  elsewhere,  if  the  person  so  as  afore- 
said convicted  has  any  interest  whatever  therein,  or  shall  divide 
any  profit  whatever  therefrom,  and  in  case  of  being  convicted 
more  than  twice  for  a  violation  of  this  section,  such  person  or 
persons  on  each  occasion  shall  be  imprisoned  for  not  less  than 
thirty  nor  more  than  sixty  days,  and  fined  a  sum  not  less  than 
double  that  imposed  on  such  person  or  persons  on  the  last  pre- 
ceding conviction,  and  his,  her,  or  their  license,  if  any  were 
issued,  shall  be  declared  null  and  void  by  the  court,  and  no 
new  license  shall  be  issued  to  such  person  or  persons  for  a 
period  of  two  years  from  the  time  of  such  conviction,  nor  to 

R.  B.  Go.  V.  PMl.  &  H.  8.  T.  Co.,  33  How.  217 ;  Powliatan  Steam  Co.  v.  Ap- 
pomatox  B.  B.  Co.,  24  How.  247;  Bode  v.  State,  7  Gill,  324;  Ca/pritz  v.  State, 
IMd.  569;  2%<wia8  v.  J3tt»ter,  29  Md.  406. 


840  Sabbath. 

Article  XLII. — Statutes. 


any  one  else  to  carry  on  said  business  wherein  he  is  in  anywise 
interested,  as  before  provided  for  the  second  violation  of  the 
provision  of  this  section ;  one-half  of  all  the  fines  to  be  im- 
posed under  this  section  shall  be  paid  to  the  State,  and  the 
Milk  or  ice       othcr  half  to  the  informer :  this  article  is  not  to  apply  to  milk 

dealers  and  •        j      i  .  ,    .  ,     . 

apothecaries,  or  ice  dealers  in  supplying  their  customers,  or  to  apothecaries 
when  putting  up  honajide  prescriptions.* 

1874,  c.ri.  3.     It  shall  not  be  lawful  to  keep  open  or  use  any  dancing 

Keeping  open    saloou,  opcra  housc,  tou  pin  alley,  barber  saloon,  or  ball  alley, 

dancing  saloons,  ^  n 

opera  houses,    withiu  this  State  on  the  Sabbath  day,  commonly  called  Sunday, 

ten-pm  alleys,  *'  *'  ''  ' 

&c  o"^sin*d"ay  ^^^  ^^^  pcrsou  Or  persous,  or  body  politic  or  corporate,  who 
shall  violate  any  provisions  of  this  section,  or  cause,  or  know- 
ingly permit  the  same  to  be  violated  by  any  person  or  persons  in 
his,  her  or  its  employ,  shall  be  liable  to  indictment  in  any 
court  of  this  State  having  criminal  jurisdiction,  and  upon  con- 

Penaities.  viction  thereof,  shall  be  fined  a  sum  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars,  in  the  discretion  of  the 
court,  for  the  first  ofience,  and  if  convicted  a  second  time  for 
a  violation  of  this  section,  the  person  or  persons,  or  body  poli- 
tic or  corporate,  shall  be  fined  a  sum  not  less  than  one  hundred, 
nor  more  than  five  hundred  dollars,  and  if  a  natural  person 
shall  be  imprisoned  not  less  than  ten,  nor  more  than  tliirty 
days,  in  the  discretion  of  the  court ;  and  in  the  case  of  any 
conviction  or  convictions  under  this  section  subsequent  to  the 
second,  such  person  or  persons,  body  politic  or  corporate,  shall 
be  fined  on  each  occasion  a  sum  at  least  double  that  imposed 
upon  him,  her  or  them,  or  it,  on  the  last  preceding  conviction, 
and  if  a  natural  person  shall  be  imprisoned  not  less  than  thirty 
nor  more  than  sixty  days,  in  the  discretion  of  the  court;  all 
fines  to  be  imposed  under  this  section  shall  be  paid  to  the  State. 


*  The  limitation  of  one  month  to  prosecutions  for  Sabbath-breaking,  as 
provided  by  sec.  11  of  Art.  57  of  the  P.  G.  L.,  does  not  apply  to  the  offence  of 
selling  liquor  or  lager  beer  on  Sunday,  made  punishable  by  above  section ; 
such  oflFence  not  being  Sabbath-breaking  within  the  meaning  of  above  section. 
The  ofiFence  of  selling  lager  beer  on  Sunday  comes  under  the  limitation  of 
one  year,  as  provided  by  sec.  10  of  said  Art.  57.   State  y.  Popp,  45  Md.  432. 


Sabbath.  841 

Article  XLII. — Ordinances. 


ORDINANCES. 

1.  It  shall  not  be  lawful  for  any  person  or  persons  to  drive  no.  33,8.39, 

11  /.I  11  1  1  1  R.  0.;  No.  90, 

any  cattle,  droves  01  horses,  males,  sheep  or  hogs  through  any  sept.  sb.'eo. 
of  the  streets,  lanes  or  alleys  of  the  city,  within  the  limits  of  Penalty  for 
direct  taxation,  on   the  Sabbath  day,  under  a  penalty  of  five  &c.  through  the 

.'ill         streets  on  the 

dollars  per  head  for  each  and  every  oiience ;  provided,  that  sabbath. 
nothing  herein    contained   shall   apply   to   horses  and  mules  Provisos, 
brought  to  the  city  on   the  Sabbath  day,  being  taken  to  the 
nearest  stables ;  and  provided  further,  that  it  shall  be  lawful  Exceptions, 
for  all  persons  bringing  live  stock  to  the  city  by  railroad  ta 
have  the  same  conveyed  to  the  cattle  pens  on  the  Sabbath  day. 

2.  Every  person  who  shall  within  the  city,  on  the  Sabbath  no  33,8.53, 

day,  sell  or  offer  to  sell  at  any  wharf  or  on  board  any  boat,  or  Penalty  for  sell- 
ing fruit,  liquor, 

in  any  market  house,  or  carry  through  the  streets  for  sale,  any  *c.  on  the  sab- 
watermelons  or  other  fruit,  cakes,  ice  cream  or  other  confec- 
tionery, or  any  kind  of  liquor  or  other  article,  shall  for  such 
offence  pay  a  fine  of  five  dollars. 

3.  Every  person  who  shall  fish,  hunt,  pitch  quoits  or  money,  ibid,  ■.  64. 
fly  a  kite,  play  bandy  or  ball,  or  any  other  game  or  sport  on  the  Penalty  for 
Sabbath  day  within  the  limits  of  the  city,  shall  lor  each  offence  l^^^'atV"  "** 
pay  a  fine  of  one  dollar  ;  and  every  ordinary  or  public  garden 

keeper  who  shall  suffer  or  allow  in  or  upon  his  premises  any 
kind  of  gaming  or  sport  on  the  Sabbath  day,  shall,  for  every 
individual  so  permitted  to  offend,  pay  ten  dollars. 

4.  It  shall  not  be  lawful  for  any  band  or  number  of  musi-  ibid,  8.59. 
cians,  exceptinar  military  companies  when  called  out  by  the  Bands  of  music 

^  r-        o  J  r  •'  not  to  parade  on 

State  or  municipal  authorities,  to  parade  in  any  of  the  streets,  thesabbath. 
lanes  or  alleys  of  the  city  on  the  Sabbath  day,  with  instrumen- 
tal music,  under  a  penalty  of  twenty  dollars  for  each  mem-  Penalty, 
ber  of  said  band  so  parading  for  each  and  every  offence.* 

*  See  further  as  to  observance  of  the  Sabbath,  pp.  136,  366,  419,  629,  643, 
733,  733,  763,  ante. 


842 


Schools. 


Article  XLIII. 


AUTTCLE  XLIII. 


SCHOOLS. 


STATUTES 


1.  Mayor  and  Council  to  establish 

schools :  powers. 

2.  Powers  of  commissioners  of  pub- 

lic schools  :  proviso  :  report  to 
State  Board  of  Education. 

3.  Ordinances  of  Mayor  and  Council 

4.  Taxes. 

5.  State    treasurer    to  pay  school 

fund  to  city. 

orphans'  court. 

6.  Estates  undistributed  for  want  of 

representatives  to  go  to  schools: 
Orphans'  Court  to  order  pay- 
ment to  public  school  commis- 
sioners. 


7.  Court  to  give    notice  before  so 

ordering. 

8.  Release  to  be  given  to  adminis- 

trator. 

9.  What  obligation,  release  to  con- 

tain :  to  be  recorded. 

10.  If  representatives  appear,  money 

to  be  refunded. 

11.  Rights  of  Charitable  Marine  So- 

ciety saved. 

JOHNS  HOPKINS  UNIVERSITY. 

12.  Branches  of  University  in  Balti- 

more :  property:  office.. 

13.  Degrees :  certificates. 


ORDINANCES  . 


COMMISSIONERS  OF   PUBLIC  SCHOOLS. 

1.  How  appointed  :  proviso. 

2.  Terms  of  office  of  the  several 

commissioners :  president  and 
secretary. 

3.  Election    of   commissioners    by 

Council. 

4.  Expelling  members  of  board. 

5.  President :  secretary :   salary  of 

secretary :  quorum. 

6.  Vacancies. 

7.  Superintendent  of  public  instruc- 

tion: his  duties:  report. 


8.  Assistant  superintendent  of  pub- 

lic schools :  term  of  office 

9.  Duties. 

10.    Examination  of   applicants  for 
positions  as  teachers  :  superin- 
tendent's duty  as  to  teachers. 
Salary  of   Superintendent:    re- 
port to  council. 

12.  Salary  of  assistant  superintend- 

ent. 

13.  Duty  of  City  Register. 


11 


Schools. 


843 


Article  XLIII.— Statutes. 


14.  Powers  and  duties  of  commis- 

sioners :  teachers,  books,  «&c. : 
by-laws  and  regulations :  pro- 
viso :  report  to  council. 

15.  Board  to  have  charge  of  public 

school  buildings  :  repairs  :  pro- 
viso. 
IC.    Rent  of  public  school  halls :  pro- 
viso. 

17.  Ilcvcnue  of  halls  to  be  paid  to 

Register. 

18.  Members  of  board  not  to  be  in- 

terested in  contracts,  &c. 

19.  Salaries :  Register. 

20.  No    charge  for  tuition :    books 

and  stationery :  provisos. 

31.  Parents,  &c.,  to    be  citizens  of 

Baltimore. 

32.  Children  of    non-residents : 

charges :  how  paid. 

23.  Books,  how  admitted  and  discon- 
tinued. 

34.    Bequests,  &c.,  regulated. 

25.  Register's  duty  with  regard  to 
public  school  fund. 

36.  Assessments  for  paving,  &c.:  how 

paid. 

37.  Annual  appropriations  not  to  be 

exceeded. 


28. 


Certificates,  when  to  be  con- 
ferred. 

To  be  paid  out  of  school  fund  : 
proviso. 

Certificates  in  female  high 
schools. 

Certificates,  wlien  Ui  be  given  to 
certain  pupils. 

FLOATING   SCHOOL. 

32.  To  be  organized. 

33.  How  controlled. 

34.  Studies:  agreement  with  board 

of  trade  as  to  ship,  apparatus, 
&c. 
85.  How  to  be  designated. 

36.  Permission  to  board  of  trade  to 

select  two  commissioners. 

37.  City's  rights  to  discontinue. 

SCHOOLS    FOR    COLORED    CHILDREN. 

38.  Organized. 

39.  Rules  and  regul  ations . 
Taxes  paid  by  colored  persons. 

LIIJKARIES. 

Established. 
Selection  of  books. 


29 


30. 


31 


40 


PEAKODY   PRIZES. 

43.   Commissioners  autliorized  to  re- 
ceive :  to  distribute  same. 


STATUTES. 

1.     The  Mayor  and  City  Council  of  the  City  of  Baltimore  i872,  c.  sr?. 

'  .  ■  ,       .  suh-c.  xvi,  8.  1. 

shall  have  full  power  and  authority  to  establish  in  said  city  a  Mayor  and 

1T11  1  11'  1  J  Council  to  es- 

system  of  free  public  schools,  under  such  ordinances,  rules  and  tabUsh  schools, 
regulations  as  they  may  deem  fit  and  proper  to  enact  and  pre- 
scribe ;  they  may  delegate  supervisory  powers  and  control  to  a  powers. 
Board  of  School  Commissioners ;  may  prescribe  rules  for  build- 
ing school  houses,  and  locating,  establishing  and  closing 
schools,  and  may  in  general  do  every  act  that  may  be  neces- 
sary or  proper  in  the  premises. 


r 


844  Schools. 

Article  XLIII.— Statutes. 


Ibid,  8. 2.  2.     The  Board  of  Commissioners  of  Public  Schools  of  Bal- 

Powers  of  Com- timore  City,  or  by  whatever  name  the  body  may  be  known 

missioners  of 

Public  Schools,  that  has  supervisory  powers  and  control  over  the  public  schools 
of  Baltimore  city,  shall  have  power  to  examine,  appoint  and 
remove  teachers,  prescribe  the  qualifications,  fix  the  salaries 
subject  to  the  approval  of  the  Mayor  and  City  Council,  and 

Proviso.  select  text-books  for  the  schools  of  said  city ;  provided,  such 

text- books  shall  contain  nothing  of  a  sectarian  or  partisan 
character.     The  Board  of  Commissioners  of  Public  Schools  of 

Report  to  state  Said  city  sball  annually  make  a  report  to  the  State  Board  of 

tion.  Education  of  the  condition  of  the  schools  under  their  charge, 

I  to  include  a  statement  of  expenditures,  the  number  of  children 

taught,  and  such  other  statistical  information  as  may  be  neces- 
sary to  exhibit  the  operation  of  the  schools. 

Ibid,  s.  3.  3.     The  Mayor  and  City  Council   of  Baltimore  shall  have 

Ordinances  by    powcr  and  authority  to  make  all  ordinances  for  the  protection 

Mayor  and 

Council.  of  the  school  houses  and  property,  and  to  punish  any  person 

who  may  disturb  the  sessions  of  said  public  schools. 

Ibid,  8.  4.  4.     And  the  said  Mayor  and  City  Council  are  hereby  au- 

Taxes.  thorizcd  and  empowered  to  levy  and  collect  upon  the  assessable 

property  in  said  city,  as  other  taxes  are  levied  and  collected, 
such  amount  of  taxes  as  may  be  necessary  to  defray  all  the 
expenses  incurred  for  educational  purposes  by  said  Mayor  and 
City  Council. 
1872,  c.  377,  5.     The  Treasurer,  on  the  warrant  of  the  Comptroller,  shall 

sub-c.  xix,  8.  2. 

State  Treasurer  pay  to  the  Mayor  and   City  Council  the  proportion  of  the 

to  pay  school 

fund  to  city.      free  school  fund  to  which  said  city  is  entitled.* 


Note.— The  Act  of  1865,  c.  160,  (repealed  by  Act  of  1868,  c.  407,  which 
was  repealed  by  1870,  c.  311,  which  was  repealed  by  the  afore  cited  Act  of 
1872,  c.  377,)  relating  to  public  schools,  and  the  State  Constitution  of  1864 
construed,  so  far  as  the  city  of  Baltimore  was  concerned,  in  Sclwol  Commis- 
sioners, Baltimore  City  v.  State  Board  of  Education,  26  Md.,  505.  The  Act  of 
1874,  c.  463,  amends  the  Act  of  1872,  c.  377,  in  matters  not  especially  affect- 
ing the  city  of  Baltimore. 

*  The  Act  of  1878,  c.  91,  prescribes  and  defines  the  duties  of  the  Comp- 
troller of  the  Treasury,  relative  to  the  apportionment  and  distribution  of  the 


Schools.  845 

Article  XLIII.— Statutes. 


ORPHANS'  COURT. 

6.  The  Orphans'  Court  of  said  city  shall  order  and  direct  p- l.  l.,  art.  4, 

'  _  •'  sec.  8-.J9. 

the  funds  arising  from  intestales'  estates  that  may  be  admin-  Kstates undis- 
tributed for 
istered  upon  in   said  court,  and   which  remain   undistributed  *»"'°*^  "■•'i""«- 

•  sentatives  to  go 

for  want  of  lesjal  representatives  of  the  intestates  to  claim  the  '»»<=''"''•' 

'  Orphans'  Court 

same,  to  be  paid   to  the  Board  of  Com iriissi oners  of  Public  ^°  "'f"  t,^l\, 

'  r  menl  to  Hunlic 

Qnlirtrkla  *  School  Commis- 

OCUOOI8.  gioners. 

7.  The  court  shall  not  make  such  order  until   they  shall  be  iwd,  sec  sao. 
satisfied  that  the  intestate  left  no  legal  representatives  living  court  to  give 

1  .  /•  1  •  111  notice  bei'ure  so 

at  the  time  of  his  or  her  death,  and  they  shall  cause  the  ad-  ordering 


revenue  derived  from  the  annual  tax  levied  for  the  support  of  Free  Public 
Scliools,  and  confirms  the  apportionments  and  distributions  thereof  hereto- 
fore made  by  that  officer. 

By  Act  of  1878,  c.  138,  the  regents  of  the  University  of  Maryland  were 
authorized  to  sell,  &c.,  property  on  Mulberry  street,  belonging  to  the  Uni- 
versity, and  apply  the  proceeds  to  the  purix)3es  of  the  University. 

♦Public  General  Laws,  Art.  93,  sees.  136,  [amended  by  1876,  c.  295,]  and 
137,  [amended  by  1878,  c.  316,]  are  as  follows  : 

If  there  be  no  widow  or  relations  of  the  intestate  within  the  fifth  degree, 
which  shall  be  reckoned  by  counting  down  from  the  common  ancestor  tfj 
the  more  remote,  the  whole  surplus  shall  belong  to  the  State,  and  shall  be 
paid  to  the  Board  of  County  School  Commissioners  of  the  county  wherein 
letters  of  administration  shall  be  granted  upon  the  estate  of  the  deceased,  for 
the  use  of  the  public  schools  of  said  county. 

If  any  legal  representative  shall  appear,  after  payment  has  been  made, 
under  the  preceding  section,  the  Board  of  County  School  Commissioners  re- 
ceiving such  payment,  shall  pay  the  same  to  such  representative,  but  no 
collateral  more  remote  than  brothers'  and  sisters'  children  shall  claim  under 
this  section. 

The  mode  of  ascertaining  the  degree  of  kindred  between  two  individuals, 
since  the  Act  of  1798,  c.  101,  is  to  reckon  by  counting  down  from  the  com- 
mon ancestor  to  the  more  remote  of  the  two,  and  there  is  not  a  different 
mode  of  computing  relationship,  where  the  schools  are  to  have  the  surplus, 
from  that  prescribed,  where  it  is  to  be  distributed  among  the  kindred  of  the 
deceased.  C.  H.  School  v.  Grmiwell,  4  G.  &  J.  407.  See  TJmnas,  adm'r  v. 
Fred.  Co.  Scliool,  7.  G.  &  J.  369.  The  dying  without  relations  within  the 
fifth  degree  may  be  established  by  circumstantial  or  presumptive  evidence. 
Tliomas,  adm'r.  v.  Fred.  Co.  Scliool,  7  G.  &  J.  369. 


846  Schools. 

Article  XLIII. — Statutes. 


ministrator  of  such  intestates  to  give  notice,  by  advertisement 
to  be  inserted  for  such  periods  of  time  and  in  newspapers  pub- 
lished in  such  places  as  they  may  deem  necessary,  that  upon 
default  of  the  appearance  of  any  legal  representative  of  the 
intestate,  by  a  certain  day  to  be  fixed  by  the  court,  and  named 
iu  said  advertisement,  the  estate  of  said  intestate  will  be  paid 
to  the  Commissioners  of  Public  Schools. 
Ibid,  sec,  831.  8.  They  shall,  upon  passing  an  order  directing  such  pay- 
Reieasetebe     mcut,  rcQuire  from  the  treasurer  of  the  Board  of  Commis- 

given  to  admin- 
istrator, sioners  of  Public   Schools,  or   any  other  officer  who  may  be 

appointed  by  the  said  Board  of  Commissioners,  or  the  Mayor 

and  City  Council  of  said  city,  to  receive  such  funds,  a  receipt 

and  release  to  the  administrator  for  the  same. 

Ibid,  .sec.  83J.  9.  The  release  shall  contain  an  obligation  that  the  said 
whatobiiga-  funds  shall,  by  the  Board  of  Commissioners  of  Public  Schools, 
contain;  to  be  bc  applied  to  tlic  usc  and  support  of  the  public  schools  of  the 

recorded.  ^"^  ^'^  ^  .  -j 

city  of  Baltimore,  and  shall  be  recorded  and  preserved  in  said 

court  as  other  records  are. 
Ibid,  sec.  833.        10.     If  the  cstatc  of  an  intestate  shall  be  paid  to  the  Board 
If  representa-    of  Comiiiissioners  of  Public  Schools  under  this  law,  and  any 

tives  appear, 

money  to  be  legal  representatives  of  the  intestate  of  no  remoter  degrees 
among  collaterals  than  brothers'  or  sisters'  children  shall  at 
any  time  appear  and  prove  him,  her  or  themselves  to  be 
such  legal  representatives,  the  Board  of  Commissioners  of 
Public  Schools  who  received  such  estate,  or  their  successors,  if 
the  same  shall  be  in  their  hands  or  shall  have  been  applied  to 
the  use  of  the  public  schools,  shall  restore  the  same  to  such 
legal  representative  or  representatives  out  of  the  school  fund 
under  their  direction. 

Ibid,  sec.  834.  11.  Nothing  Contained  in  this  law  shall  be  construed  to  in- 
Rights  of  chari-  tcrferc  with  or  aifect  the  rights  vested  in  the  Charitable  Ma- 

table  Marine  .         ci       •  /»   t-»  u. 

Society.  rinc  Socicty  of  Baltimore.* 

See  sec.  47,  p.  208,  ante. 


Schools.  847 

Article  XLIII. — Ordinances. 


JOHNS  HOPKINS  UNIVERSITY. 

12.  The  Johns  Hopkins  University,  a  corporation  duly  in-  isre,  c.  84 
corporated  by  certificate,  recorded  in  the  oflSce  of  the  Clerk  of  Branches  of 

•'  University  in 

the  Circuit  Court  for  Baltimore  County,  shall  have  power  to  B^'i'm'^e- 
establish  branches  of  the  said  university  in  the  city  of  Balti- 
more, to  hold,  or  to  purchase  and  hold,  all  property  in  said  Property, 
city,  needed  for  the  successful  conducting  of  the  brandies  of 
the  said  university  in  said  city,  and  to  keep  and  maintain  a 
principal  ofiice  in  said  city  for  the  conduct  of  the  business  of  o^ce. 
the  said  university. 

13.  The  said  The  Johns  Hopkins  University  shall  have  iwd.s.  a. 
power  to  admit  students  of  the  said  university,  who  shall  Degrees, 
merit  the  distinction  to  the  office  and  profession  of  surgeon,  or 

to  the  degree  of  doctor  of  medicine,  or  of  doctor  of  laws,  or 
of  bachelor,  or  master  of  arts;  to  grant  to  students  in  such 
university,  such  certificates  of  proficiency  and  attainments  in  certificates, 
any  special  study,  as  the  said  university  may  see  proper  to  con- 
fer ;  and  to  grant  the  honorary  degrees  of  doctor  of  laws,  doc- 
tor of  medicine,  and  master  of  arts,  or  such  other  degrees 
as  may  be  proper,  to  any  person  who  may  merit  such  distiuc- 
tion,  whether  such  person  be  a  student  of  such  university  or 
not. 

ORDINANCES. 
COMMISSIONERS  OF  PUBLIC  SCHOOLS. 
1.     There  shall  be  appointed  by  the  two  branches  of  the  no.  74, ,.  i, 

r\'        r\  ^^     •  •  June  20,  65. 

Uity  L«ouncil,  in  convention  assembled,  at  the  times  and  in  the  How  aptointed. 
manner  prescribed  in  sections  2  and  3  hereof,  twenty  persons, 
to  be  called  Commissionei-sof  Public  Schools,  one  commissioner 
to  be  selected  from  each  of  the  several  wards  of  the  city ;  and 
said  commissioners  shall  continue  in  office  for  the  terms  as 
prescribed  in  sections  2  and  3  hereof,  provided  that  if  any  com-  Proviso, 
missioner  shall  remove  from  the  ward  from  which  he  was 


848  Schools. 

Article  XLIII. — Ordinances. 


appointed  before  the  expiration  of  his  term  of  office,  then  his 
place  in  the  board  shall  be  declared  vacant,  and  the  board  may 
declare  vacant  the  place  of  any  commissioner  who  shall  absent 
himself  from  three  successive  stated  meetings  of  the  board, 
without  showing  satisfactory  cause  for  his  non-attendance,  after 
having  been  duly  notified  of  the  same. 

No.  164,3.1,  2.     The  Commissioners  of  Public  Schools,  who  shall  be  ap- 

Oct.  30, '70.  ^  ^  "^ 

Terms  of  office   poiutcd  in  the  mouth  of  February,  1877,  shall  be  appointed 

of  the  several 

Commissioners,  for  ouc,  two,  thrco  aud  four  years,  which  several  terms  of  ser- 
vice shall  be  determined  by  lot  at  their  first  meeting  and  im- 

President  and  mediately  after  their  organization  by  the  election  of  a  President 
and  Secretary  as  provided  by  sec.  5  hereof;  the  members 
severally  appointed  for  the  First,  Second,  Third  and  Fourth 
wards  shall  draw  lots  for  their  terms  of  service,  which  terms 
shall  be  one,  two,  three  and  four  years  respectively,  as  fixed 
by  the  lot  then  drawn  ;  and  the  several  members  for  each 
succeeding  four  wards,  the  wards  being  taken  in  numerical 
order,  shall  determine  their  terms  of  service  in  the  same  man- 
ner as  aforesaid. 

Ibid,  s.  2.  3.     In  the  month  of  February  in  each  succeeding  year,  the 

Election  of        First  and  Second  Branches  of  the  City  Council  in  convention 

Commissioners  •' 

by  Council.  assembled,  shall  elect  School  Commissioners  in  place  of  those 
only  whose  term  of  office  shall  at  that  time  expire,  and  the 
commissioners  elected,  as  prescribed  by  this  section,  shall  con- 
tinue in  office  for  four  years. 

Ibid,  8. 3.  4.     The  First  and  Second  Branches  of  the  City  Council,  in 

Expelling  mem-  couventiou  assembled,  shall  have  power  to  expel  a  member  of 

ber  of  Scliool  ^  '^ 

Board.  the  Board  of  Commissioners  of  Public  Schools,  either  for  per- 

sistent neglect  of  duty  or  for  conduct  unbecoming  a  School  Com- 
missioner. Should  any  vacancy  occur  in  the  board  by  removal, 
resignation,  death  or  otherwise,  the  unexpired  term  shall  be 
filled  in  the  same  manner  as  provided  by  the  preceding  sections 
hereof. 


Schools.  849 

Article  XLIII. — Ordinances. 


5.  Said  commissioners  shall  meet  within  ten  days   after  No.  44,9.2, June 

•'  20,  'B6. 

their  election,  and  at  their  first  meeting  they  shall  proceed  to  Presiueat. 

the  election  of  president  from  their  own  board,  to  be  chosen  by 

a  majority  of  the  whole  body  ;  also,  a  person  to  act  as  secre-  secreury. 

tary,  who  shall  serve  for  one  year,  unless  sooner  removed  by 

the  board,  and   who  shall  have  charge  of  the  rooms,  books, 

papers  and  documents  of  the  board,  and  shall  perform  such 

clerical  duties  as  may  be  required  of  him  by  its  members  or 

committees;  the  board  shall  assign  the  duties  to  be  performed 

by  him,  and  shall  fix  his  salary,  subject  to  the  approval  of  the  saUry  of  secre- 

two  branches  of  the  City  Council.     If  a  vacancy  should  occur 

in  tlie  ofiice  of  secretary,  from  any  cause  whatever,  it  shall  be 

the  duty  of  the  board  to  elect  a  person  to  fill  said  vacancy  as 

soon  as  it  can  conveniently  be  done ;  and  in  all  cases  a  ma-  Quorum. 

jority  of  the  commissioners  shall  constitute  a  quorum  for  the 

transaction  of  business. 

6.  Whenever  a  vacancy  or  vacancies  shall  occur  in  theibid, «.  s. 
Board  of  Commissioners  of  Public  Schools  during  the  session  Vacancies, 
of  the  City  Council,  it  shall  be  the  duty  of  the  president  of 

the  board  to  inform  the  Mayor  of  such  vacancy  or  vacancies, 
who  shall  communicate  the  same  to  the  first  and  second 
branches  of  the  City  Council,  who  shall  proceed  in  convention, 
according  to  their  respective  rales,  to  fill  said  vacancy  or  va- 
cancies. If  a  vacancy  or  vacancies  shall  occur  during  the 
recess  of  the  City  Council,  by  death,  resignation  or  otherwise, 
it  shall  be  the  duty  of  the  board  to  fill  the  same  as  soon  as  may 
be  convenient;  the  person  or  persons  so  elected  to  serve  until 
the  next  session  of  the  City  Council. 

7.  There  shall  be  appointed  by  the  board  a  suitable  person  ibid,  s,  4. 

to  be  the  Superintendent  of  Public  Instruction  for  the  City  of  superinten<ient 
Baltimore,  who  shall  be  a  resident  of  the  city  of  Baltimore,  of  strucuon. 
literary  and  scientific  acquirements,  and  of  skill  and  experi- 
ence in  the  art  of  teaching,  and  who  shall  serve  for  the  term 
of  four  years,  unless  sooner  removed  by  the  board.     It  shall 


850  Schools. 

Article  XLIII. — Ordinances. 


ms  duties.  be  the  duty  of  the  superintendent  to  devote  his  time  and  at- 
tention entirely  to  the  general  supervision  of  the  public  schools 
of  the  city,  subject  to  such  rules  and  regulations  as  the  Board 
of  School  Commissioners  may  establish.  It  shall  especially  be 
the  duty  of  the  superintendent  to  visit  every  school  under  the 
charge  of  the  Board  of  Commissioners  of  Public  Schools  as  often 
as  once  in  each  quarterly  session,  or  four  times  during  the 
academic  year;  to  examine  into  its  respective  studies,  and  to 
inquire  into  all  matters  relating  to  the  government  of  the 
schools,  such  as  its  curriculum  of  studies,  discipline  and  course 
of  instruction  pursued  therein,  the  text  books  that  are  used, 

Report.  the  condition  of  the  school  houses,  and  to  make  a  monthly  re- 

port of  the  matters  thus  specified  to  the  Board  of  Commis- 
sioners of  Public  Schools. 

No.  50,  April  8.  There  shall  be  appointed  by  the  said  board  a  suitable  per- 
As'sistant Super.  SOU  to  be  the  assistaut  Superintendent  of  public  schools,  who  shall 
Public  Schools,  be  a  resident  of  the  city  of  Baltimore,  of  skill  and  experience 
Term  of  office,  in  the  art  of  teaching,  and  whose  term  of  office  shall  be  con- 
current with  that  of  the  superintendent. 

Ibid,  s.  2.  9.     It  shall  be  the  duty  of  such  assistant  superintendent  of 

Duties.  the  public  schools  to  aid  the  superintendent  in  the  supervision 

of  the  public  schools  of  the  city  ;  he  shall  visit  the  primary 
schools  as  often  as  his  duties  will  permit,  and  make  a  report  of 
such  visits  to  the  superintendent ;  he  shall  assist  in  the  exami- 
nation of  the  quarterly  reports  of  teachers  in  the  preparation 
of  the  questions  for  the  semi-annual  examination  of  the  classes 
of  the  primary  and  grammar  schools,  and  be  subject  to  such 
rules  and  regulations  as  the  Board  of  Commissioners  of  Public 
Schools  may  establish. 

No. 74,8. 6, June      10.     In  Order  to  advance  the  interests  of  the  schools  com- 

ao,  '66. 

Examination  of  mittcd  to  his  charge,  the  superintendent,  in  conjunction  with  a 

applicants  for  /.     i  i         ii         'iin- 

positions  as       committee  of  three  members  ot  the  school  board,  shall,  m  the 

teachers. 

forms  prescribed  by  the  board,  examine  into  and  ascertain  the 


SOHOOLB.  851 

Article  XTjTTT. — Ordinances. 


qualifications  of  applicants  for  the  situation  of  teachers,  and 
re-examine,  if  necessary,  any  of  the  teachers  employed  in 
the  schools  under  the  charge  of  the  board ;  and,  in  order 
further  to  promote  the  cause  of  sound  education,  and  to  ele- 
vate the  character  and  qualifications  of  the  teachers,  the 
superiutendfiut  shall,  by  all  the  means  in  his  power,  counsel  superintend- 

11.  .11  1  .  1      .  1      •       J       .  1       ent's  duty  as  to 

and  advise  with  the  teachers  in   relation  to  their  duties,  the  teachers, 
proper  classification  of  studies,  the  best  methods  of  imparting 
instruction,  and,  in  general,  as  to  the  proper  discipline  and  man- 
agement of  the  schools  under  their  charge. 

11.  The  salary  of  the  superintendent  shall  be  fixed  by  theiwd, ».  6. 
Board  of  Commissioners  of  Public  Schools,  subject  to  the  ap-  saUryof  su- 

perintendent. 

proval  of  the  two  branches  of  the  City  Council ;  and  he  shall 

make  annually  a  report  in  writing  to  the  Mayor  and  City  Report  to  eoun- 

cil* 

Council  of  all  matters  of  interest  or  importance  in  connection 
with  the  schools ;  and  shall  also,  when  requested,  furnish  to 
the  Board  of  Commissioners  of  Public  Schools  of  the  city  a 
written  statement,  showing  the  number  of  schools  in  the  city,  the 
number  of  pupils  under  instruction,  and  the  teachers  employed 
therein,  with  such  additional  information  in  respect  to  the  mat- 
ters above  specified  as  may  be  deemed  advisable  and  necessary. 

12.  The  salary  of  the  assistant  superintendent  shall   bcNo.  so,  Apru 
fixed  by  the  Board  of  Commissioners  of  Public  Schools,  subject  salary. 

to  the  approval  of  the  Mayor  and  City  Council. 

13.  The   Register  is   authorized   to   receive,  through  the  no.  74,  s.  7, 

June  20,  »66. 

secretary  of  the  board,  all  moneys  from  the  teachers,  and  all  Duty  of  city 
other  funds  due  the  school  board,  and  pay  out  of  the  funds 
standing  in  the  treasury  of  the  city  to  the  credit  of  the  public 
schools,  any  orders  that  are  provided  for  in  the  levy  for  school 
purposes,  after  having  been  examined  by  the  committee  on 
accounts  and  passed  by  the  board,  signed  by  the  president  and 
countersigned  by  the  secretary  of  the  Board  of  Commissioners 
of  Public  Schools. 


852  Schools. 

Article  XLIII. — Ordinances. 


Ibid,  s.  8.  14,     The  said  Board  of  Commissioners  of  Public  Schools 

Powers  and       shall  have  charge  of  the  public  schools  in  operation  in  the  city 

duties  of  com-  o  i 

missioners.  of  Baltimore,  and  of  all  such  as  may  be  in  operation  during 
their  continuance  in  office  ;  and  it  shall  be  their  duty  to  era- 
Teachers,  ploy  teachers  and  determine  their  salaries ;  to  prescribe  the 
Books,  &c.  courses  of  study  and  the  books  to  be  used  ;  to  make  all  such 
By-laws  and      bv-laws  for  their  own  government,  and  all  such  rules  and 

regulations.  *^ 

regulations  for  the  management  of  the  schools  as  they  may 
deem  expedient,  and   to  modify  and  repeal  the  same  at  their 

Proviso.  pleasure;  provided,  that  such  by-laws,  rules  and  regulations, 

so  made  or  modified,  be  not  inconsistent  with  the  laws  of  the 
State,  or  the  ordinances  of  the  city.  And  it  shall  further  be 
the  duty  of  said  board,  at  such  time  as  other  city  officers  are 

Report  to  coun- required  to  report,  to  report  to  the  Mayor  and  City  Council 
a  statement  of  its  transactions,  with  an  account  of  their  re- 
ceipts and  expenditures  during  the  year  last  past,  and  their 
resources  for  the  year  then  commenced. 


Ibid,  8. 9.  15.     The  Commissioners  of  Public  Schools  shall  have  charge 

Board  to  have    of  all  the  buildiugs*  used  for  school  purposes,  and  they  are 
lie sciiooi  build-  hereby  authorized  to  make  all  necessary  repairs  in  the  school 

ings. 

Repairs.  houscs  of  the  city ;  provided,  the  same  shall  not  exceed  the 

sum  of  three  hundred  dollars. 

No.  78,s.  1,  16.     The  said  board  is  authorized  and  directed  to  rent  out, 

Nov.  5,  '69.  ^  , .    .       ,  /.I  .  1 

Rent  of  public  cxccpt  for  political  purposcs,  for  such  compensation  as  to  them 

school  hEills  •-* 

may  seem  just  and  reasonable,  the  main  halls  in  the  Eastern 

and  Western  Female  High  School  buildings,  for  public  purposes, 

at  such  times  and  under  such  regulations  as  to  them  may  appear 

Proviso.  right  and    proper ;   provided,  the  same   shall    not  be   rented 

*  Resolutions  No.  384,  July  8, 1873,  No.  425,  October  29,  1873,  and  No. 
445,  November  3,  1873,  relate  to  the  erection  of  the  Baltimore  Citj'^  College 
on  Howard  street,  and  the  sale  of  the  City  College  property  on  the  corner  of 
HoUiday  and  Fayette  streets.  The  Act  of  1874,  c.  469,  provided  for  the  pur- 
chase of  suitable  grounds,  and  for  the  erection  thereon  of  suitable  buildings 
for  the  State  Normal  School. 


Schools.  853 

Article  XLIII. — Ordinances. 


SO  as  to  interfere  with  or  interrupt  the  regular  exercises  of  the 
schools, 

17.  The  revenue  derived  therefrom,  as  provided  in  the  pre-  iwds.  2. 
ceding:  section,  shall  be  accounted  for  by  the  said  board  and  Revenue  to  be 

°  '  /      _  paid  to  Register. 

paid  over  by  them  to  the  Register,  who  is  directed  to  place  the 
same  to  the  credit  of  the  public  school  fund. 

18.  The  said  board  shall  not  employ  in  building,  repairing  No.  74, 9. 10, 
or  improving,  or  in  furnishing  stationery  or  any  other  kind  of  Members  or 

f^  ^'  ^  ,1,  1  Board  not  to  be 

supplies,  any  member  of  said  board  :  nor  shall  any  member  of  interested  in 

rr         T        J  J  J  contracts,  ic. 

said  board  be  interested,  directly  or  indirectly,  in  any  contract 
whatever  for  the  use  of  the  public  schools. 

19.  The  salaries  of  the  superintendent,  assistant  superin- iwds.  ii,  No. 

'  '51,  Apl.  16,  'ij'j. 

tendent  and  secretary  of  the  board,  and  of  the  teachers  and  salaries, 
all  other  persons  permanently  employed  by  the  Commissioners 
of  Public  Schools,  shall  be  paid  monthly,  on  the  last  day  of 
each  month,  by  the  City  Register;  and  he  is  hereby  authorized,  Regiiter. 
in  case  of  any  deficiency  in  the  collection  of  the  school  fund, 
or  in  anticipation  of  the  levy  for  the  same,  to  advance,  from 
time  to  time,  to  said  fund,  such  sums  as  shall  be  required  for 
the  payment  of  said  salaries  at  the  time  when  they  shall  be  due. 

20.  There  shall  be  no  charge  for  tnition  in  any  of  the  pub-  no.  74, 9. 12, 

!•  Ill  -iiii  11  ,•!  ••  June  UO, 'f)6. 

lie  schools,  but  it  sliall  be  the  duty  or  the  commissioners  to  no  charge  for 

furnish  all  the  necessary  books  and  stationery  for  the  several 

schools,  and  in  general  whatever  fuel  or  other  supplies  the  Books  and  sta- 
tionery, 
schools  may  require — the  same  to  be  paid  for  from  the  public 

school  fund  ;  and  each  pupil  shall  pay,  in  advance,  one  dollar 

per  quarter  for  the  books  used  by  them,  which  shall  go  to  the 

school  fund  ;  provided,  that  nothing  in  this  section  .shall  be  so  Provisos. 

construed  as  to  prevent  the  board  from  furnishing  the  use  of 

books  to  the  children  of  parents  in  indigent  circumstances ; 

provided,  further,  that  pupils  may  furnish  their  own  books,  if 

they  so  prefer. 


854  Schools. 

Article  XLIII. — Ordinances. 


No.  40,  s.  11,  R.      21 .     The  public  schools  of  Baltimore  are  designed  exclusively 
Parents  are  to    for  the  cducation  of  thosc  pupils  whose  parents,  or  in  the  case 

be  citizens  of 

Baltimore.  of  orphaus,  whosc  guardiaus  are  citizens  of  Baltimore,  or  re- 
sidents of  Baltimore  with  a  hona  fide  intention  to  become 
citizens.* 

No.  53,  June  9,       22.     The  Board  of  Commissioners  of  Public  Schools  are  here- 
Children  of  non-  bv  directed,  bcforc  admitting  the  children  of  non-resident  pa- 

residents.  <>     i  •  />  -r>    i   • 

rents  or  guardians  into  the  public  schools  of  the  city  of  Balti- 
more,  to  charge   such    parents  or  guardians   the   following 

Charge?.  amouuts,  to  wit  I  For  admission  to  the  Baltimore  City  College, 

per  capita,  twelve  dollars  and  fifty  cents  per  quarter ;  for  admis- 
sion to  the  female  high  schools,  per  capita,  eight  dollars  per 
quarter ;  for  admission  to  grammar  schools,  per  capita,  four  dol- 
lars per  quarter ;  for  admission  to  primary  schools,  per  capita. 

How  paid.  three  dollars  per  quarter ;  the  said  amount  to  be  paid  invariably 
in  advance,  and  to  be  paid  by  the  School  Commissioners  to  the 
Register  of  the  City  for  account  of  the  school  fund. 


No.4o,s.  12,  R.      23.     The  Commissioners  of  Public  Schools  shall  not  admit 

o. 

Books,  how  ad-  any  book  or  books  into  use  in  the  public  schools,  or  discontinue 

mitted  and  dis-  i  i  •  j 

continued.  the  usc  of  the  samc  after  having  been  admitted,  unless  said 
admission  or  discontinuance  be  approved  by  a  vote  of  a  ma- 
jority of  the  entire  board  in  session  assembled  at  a  regular 
meeting  of  said  board. 

Ibid,  s.  14.  24.     The  said  Commissioners  of  Public  Schools  are  hereby 

Bequests,  &c,  authorizcd  to  rcccive  all  devises,  bequests  and  donations  which 
may  be  made  for  the  benefit  of  said  public  schools,  and  all 
devises,  bequests  and  donations  received  by  said  commissioners, 
by  virtue  either  of  this  section  or  of  any  act  or  acts  of  the 
General  Assembly  of  Maryland,  shall  be  paid  over  by  them 
to  the  Register  of  the  City,  who  shall  place  the  same  to  the 
Conditions.       Credit  of  the  school  fund ;  and  if  any  condition  or  conditions 

*By  Resolution  No.  50,  March  2, 1874,  the  commissioners  are  required  to 
enforce  this  section. 


SCHOOLB.  855 

Article  XLIII. — Ordinances. 


be  prescribed  in  any  such  devise,  bequest  or  donation,  the  same 
shall  be  applied  under  the  direction  of  said  commissioners, 
with  the  sanction  of  the  Mayor  and  City  Council,  agreeably 
to  the  intention  of  the  testator  or  donor ;  and  if  no  condition 
be  prescribed  in  any  such  devise,  bequest  or  donation,  it  shall 
not  be  lawful  for  said  commissioners  to  draw  all  or  any  part  of 
the  amount  thereof  out  of  the  city  treasury  during  the  year 
in  which  it  was  received,  unless  the  collections  from  the  re. 
sources  and  levy  of  the  school  fund  for  said  year  should  fall 
short  of  the  estimated  expenditures  forming  the  basis  of  said 
levy  ;  or  unless  it  shall  have  been  already  allowed  in  the  esti- 
mated resources  of  the  fund  for  said  year,  otherwise  the  same 
shall  be  included  in  the  estimate  of  the  ensuing  year. 

25.  The  Register  of  the  City  shall  demand  and  receive,  iwd,  •.  is. 
from  time  to  time,  from  the  Treasurer  of  Maryland,  from  the  Rpgister'.  duty 
Orphans'  Court  of  Baltimore  City,  from  the  Commissioners  of  the  pub!" 
Finance,  and  from  the  Collector  of  the  City,  all  such  sum  or 

sums  of  money  as  may  be  in  their  hands  for  the  support  and 
benefit  of  the  public  schools  of  the  city,  and  he  shall  place  the 
same  to  the  credit  of  the  public  school  fund. 

26.  All  assessments  for  paving  or  repaving  in  front  of  any  iwd,  s.  le. 
of  the  public  schools,  or  lots  of  ground  attached  thereto,  and  Assessments 
also  all  assessments  of  benefits  for  opening  or  widening  any  ii*ow  pVid!'   "'' 
street  or  streets,  so  far  as  the  public  schools  may  be  interested, 

shall  be  paid  by  the  Register  out  of  any  unappropriated  money 
in  the  treasury. 

27.  It  shall  not  be  lawful  for  said  Board  of  Commissioners  ibid,  s.  is. 
of  Public  Schools  to  exceed  in  their  expenditures  the  amount  Annual  appro- 
annually  appropriated  therefor  by  the  City  Council ;  and  it  Se'exceldedV 
shall  be  their  duty  to  apply  the  same  exclusively  to  the  several 
purposes,  and  as  far  as  practicable,  in  the  proportion  specified 

in  the  statement  of  estimated  expenses,  on  which  said  City 
Council  shall  have  based  the  school  fund  levy  for  the  year. 


856  Schools. 

Article  XLIII. — Ordinances. 


Ibid,  s.  19,  28.     The  Male  Public  High  School  of  Baltimore  shall  be 

certiBcates,      stvlod  the  Baltimore  City  College  :*  and  whenever  any  of  the 

when  to  be  ton-        ''    ^  J  n     i    ^  J 

lerred.  pupils  of  Said  scliool  shall  have  satisfactorily  completed  the 
prescribed  term  and  course  of  instruction,  the  Commissioners 
of  Public  Schools  shall  have  power  to  confer  on  them  testi- 
monials, in  form  as  follows,  viz :  This  certificate  is  given  to 
,  a  pupil  of  the  Baltimore  City  College,  in  testi- 
mony that  he  has  pursued  and  satisfactorily  completed   the 

studies  of  the course  of years;  and  said  testimonials 

shall  be  signed  by  the  president  of  the  board,  by  the  Mayor  of 
the  City,  with  the  seal  of  the  city  attached,  by  the  committee 
on  the  Baltimore  City  College,  and  by  the  principal,  vice  prin- 
cipal and  professors  of  said  college. 

Ibid,  8. 20.  29.     Said  Commissioners  of  Public  Schools  are  authorized 

To  be  paid  for  to  causc  Said  testimonials  to  be  engraved  on  copper,  or  litho- 
fund.  graphed,  with  a  suitable  vignette,  the  expenses  necessarily 

connected  with  the  preparation  of  said  testimonials  to  be  paid 
Proviso.  from   the  school  fund ;    provided,   that   no   commissioner   or 

teacher  shall  ever  charge  or  receive  any  fee  or  compensation 

for  so  signing  said  testimonials. 

Ibid,  s.  ai.  30.     Said  Commissioners  of  Public  Schools  shall  have  power 

Certificates  In    to  coufer  testimonials  on  pupils  of  the  Eastern  and  Western 
schooi^s.  '^        Female  High  Schools,  in  conformity  with  the  requisitions  and 
provisions  of  the  preceding  two  sections. 

Ibid,  s.  23.  31.     Whenever  any  pupil  shall  leave  any  of  the  high  schools 

Certificates,      without  having  completed  the  prescribed  term  and  course  of  in- 

when  to  be  giv-  .  ,  ,,  ,  ,,  ..  in 

en  to  certain      structiou,  then,  and  m   such  cases,  said  commissioners  shall 

pupils. 

have  power  to  confer  such  testimonials  on  said  pupils  as  said 
commissioners  may  deem  to  be  proper  and  appropriate  to  the 
occasion. 


*  By  Ord.  No.  84,  Oct.  9,  '66,  the  name  of  the  Male  Central  High  School 
was  changed  to  that  of  Baltimore  City  College. 


Schools.  857 

Article  XLIII. — Ordinances. 


FLOATING  SCHOOL. 

32.  The  Commissioners  of  Public  Sciiools  are  hereby  an- iwa,  s.aa. 
thorized  and  empowered,  whenever  in  their  jndo;ment  they  Tobeorgan- 
shall  deem  it  expedient,  to  organize  and  put  in  operation  a  public 

school  of  such  grade  as  to  the  said  commissioners  may  seem 
advisable,  on  board  of  any  ship  or  other  vessel  that  may  for 
the  time  being  be  used  by  the  Board  of  Trade  of  Baltimore  as 
a  nautical  school. 

33.  The  school  so  organized  and  put  in  operation  shall  be  iwd.s.  24. 
subject  (so  far  as  they  are  applicable)  to  all  the  rules  and  re-  How  contmUed. 
gulations  governing  the  other  public  schools  of  Baltimore ; 

and  the  Commissioners  of  Public  Schools  shall  have  full  power 
and  authority,  from  time  to  time,  to  adopt  and  enforce  in  and 
about  and  concerning  the  said  school,  all  necessary  and  proper 
regulations  calculated  to  insure  the  literary  education  of  the 
pupils. 

3-t.  All  that  part  of  the  studies  of  the  aforesaid  school  to  iwd,  s.  25. 
which  the  preceding  two  sections  shall  be  deemed  to  apply,  studies. 
and  with  which  the  Commissioners  of  Public  Schools  shall 
have  any  connection,  shall  be  the  literary  branches,  such  as 
shall  be  taught  in  the  public  schools  of  the  city;  and  the  basis 
of  the  relations  of  the  Commissioners  of  Public  Schools  to  the 
said  school  shall  be  taken  to  be  defined  by  the  following 
memorandum,  made  between  a  committee  of  the  Board  of 
Trade  and  the  Board  of  Commissioners  of  Public  Schools : — 
"  It  was  agreed,  that  in  the  establishment  of  the  proposed  school,  Agreement  with 

^  '  r      r  '  BoATd  of  Trade 

the  School  Commissioners  should  furnish  teachers,  and  the  same  as  to  ship,  appa- 

'  ratus,  &c. 

course  of  instruction,  so  far  as  would  be  applicable,  as  are  now 
employed  in  our  schools — with  desks,  seats  and  all  necessary 
books  and  stationery,  and  should  devote  themselves  to  the  same 
care  and  supervision  that  they  now  give  to  the  public  schools ; 
and  on  the  part  of  the  Board  of  Trade,  and  the  citizens  gener- 


85S  Schools. 

Article  XLIII. — Ordinances. 


ally  whose  assistance  it  will  invoke,  it  was  proposed  that  the 
vessel  to  be  used  for  the  purpose  of  the  school  should  be  pro- 
vided with  the  person  to  take  charge  of  the  same,  and  all 
necessary  rigging,  tackle,  &c. ;  also,  whatever  nautical  appara- 
tus might  be  required,  and  adequate  teachers  to  instruct  the 
boys  in  all  that  relates  to  seamanship," 

Ibid,  8. 26.  35.     The  school  herein  provided  for  shall  be  designated  and 

Howtobedesig- known  as  the  Floating  Public  School  of  Baltimore,  and  the 
Commissioners  of  Public  Schools  shall  have  authority  to  pre- 
sent to  the  deserving  pupils  of  the  same,  any  diploma  or  other 
suitable  reward  of  merit  that  may  to  the  said  commissioners 
appear  just  and  proper. 

Ibid,  8. 27.  36.     The  Board   of  Trade,  if  they  deem  it  necessary,  are 

Permission  to     hereby  permitted,  annually  in  the  month  of  February  in  each 
to  select  two      and  every  year,  to  select  from  their  own  body,  two  persons,  to 

commissioners. 

be  known  as  commissioners  of  the  floating  school,  who  shall 
have  authority  to  participate  with  the  Commissioners  of  the 
Public  Schools  in  the  management  of  the  nautical  department 
of  said  floating  school. 

Ibid,  8. 28.  37.     Nothing  herein  contained,  nor  any  act  of  the  Board  of 

"City's  right  to    Commissioners  of  Public  Schools  in  the  premises,  shall  be 

taken  or  construed  to  divest  the  Mayor  and  City  Council  of 

the  right  to  discontinue  the  said  Floating  Public  School  at 

their  option. 

SCHOOLS  FOR  COLORED  CHILDREN. 

No. 36,s. i,May      38.     It  is  hereby. made  the  duty  of  the  Board  of  Commis- 

5,  '68.  , 

Organized.  sioucrs  of  Public  Schools  of  the  City  of  Baltimore  to  organize 
separate  schools  for  colored  children,*  and  to  establish  as  many 
schools  for  the  education  of  the  colored  children  of  Baltimore 
city  as  may  in  the  judgment  of  said  board  be  necessary. 

*  Separate  schools  for  the  education  of  colored  children  were  authorized 
to  be  established  by  the  Board  of  School  Commissioners,  under  Ordinance 
No.  45,  July  10, 1867.  See  Acts  of  1872,  c.  377,  sub-c.  XVHI,  1874,  c.  463, 
and  1878,  c.  91. 


Schools.  859 

Article  XLIII. — Ordinances. 


39.  The  schools  to  be  established  in  accordance  with  the  iwd,  8.2. 
provisions  of  this  ordinance  shall  be  subject  to  such  rules  and  Rules  and  reg- 

.  ....       ulations. 

regulations  as  may  be  prescribed  by  the  said  board  in  its  dis- 
cretion. 

40.  All  taxes  paid  by  colored  persons  in  the  city  of  Balti-  ibia.s.s. 
more  for  educational  purposes,  shall  be  placed  to  the  credit  of  Taxes  paid  by 

'        '  '  ^        colored  persons. 

the  schools  for  colored  children  in  the  accounts  of  the  City 
Register.* 

LIBRARIES. 

41.  There  shall  be  established  at  the  Baltimore  City  Col- No.  40,8. 1,  May 

•^  15,  '63. 

lege,  and  at  each  of  the  two  Female  High  Schools,  a  library  for  Libraries  to  be 
their  use,  without  charge,  under  such  regulations  as  may  be 
adopted  by  the  Board  of  Commissioners  of  Public  Schools. 

42.  The  selection  .of  the  books,  which  shall  be  only  of  an  ibid.s.  2. 
instructive  and  moral   character,  shall   be  made  by  the  said  seiectian  of 

'  •'  books. 

commissioners,  or  a  committee  appointed  by  them  for  the  pur- 
pose, and  no  book  deemed  by  them  to  be  injurious  to  the 
morals  of  the  pupils,  or  of  a  sectarian  character,  whether  ob- 
tained by  purchase  or  donation,  shall  be  admitted  in  said 
libraries;  and  all  books  purchased  under  any  future  ordinance 
or  resolution  of  the  City  Council  or  otherwise,  for  this  purpose, 
shall  be  subject  to  the  restrictions  herein  contained. 

PEABODY  PRIZES. 

43.  The   Commissioners   of   Public   Schools   of  the   City  No.  24,  May  2«, 

-r,    ,    .  '58;  No.  84, 

of  Baltimore   are   hereby   authorized   to   accept   and  receive  oct.  9, '66. 
the  premiums  given   by  the  Trustees  of  the  Peabody  Insti-  commissioners 

"    .  authoriieri  to 

tute  to  the   Baltimore  City   College  and  the  Female  High  receive Peabody 

•'  "  <=>      premium*. 

*  1872,  c.  377,  sub-c.  XVIII,  s.  4,  is  as  follows:  The  total  amount  of  taxes 
paid  for  school  purposes  by  the  colored  people  of  any  county,  or  in  the  city 
of  Baltimore,  together  with  any  donations  that  may  be  made  lor  the  purpose, 
shall  be  devoted  to  the  maintenance  of  the  schools  for  colored  children. 


860  Schools. 

Article  XLIII.— Ordinances. 


Schools,  as  specified  in  Mr.  Peabody's  letter  to  his  Trustees ; 
To  distribute     and  to  have  the  same  distributed  from  time  to  time  in  such  a 

the  same, 

manner  as  they  shall  deem  most  conducive  to  the  benefit  of 
the  schools  and  the  objects  of  the  donor.* 

*  Mr.  Peabody,  in  his  first  letter  to  his  trustees,  dated  Baltimore,  Feb .  12, 
1857,  (as  set  forth  in  the  Act  of  1858,  c.  209,  incorporating  the  Peabody  In- 
stitute,) says :  "  I  desire  that  the  trustees,  in  order  to  encourage  and  reward 
merit,  should  adopt  a  regulation  by  which  a  number  of  the  graduates  of  the 
public  high  schools  of  the  city,  not  exceeding  fifty  of  each  sex  in  each  year, 
[who  shall  have  obtained  by  their  proficiency  in  their  studies  and  their  good 
behavior  certificates  of  merit  from  the  commissioners  or  superintending  au- 
thorities of  the  schools  to  which  they  may  be  attached,]  may,  by  virtue  of 
said  certificates,  be  entitled  as  an  honorary  mark  of  distinction  to  free  ad- 
mission to  the  lectures  [at  Peabody  Institute]  for  one  term  or  season  after 
obtaining  the  certificates.  I  also  desire,  that  for  the  same  purpose  of  en- 
couraging merit,  the  trustees  shall  make  suitable  provision  for  an  annual 
grant  of  twelve  hundred  dollars ;  of  which  five  hundi;ed  shall  be  distributed 
every  year  in  money  prizes,  graduated  according,  to  merit,  of  sums  of  not 
less  than  fifty  dollars  nor  more  than  one  hundred  for  each  prize,  to  be  given 
to  such  graduates  of  the  public  male  high  school  now  existing  or  which  may 
hereafter  be  established,  as  shall  in  each  year,  upon  examination  and  certifi- 
cate of  the  school  commissioners  or  other  persons  having  the  chief  superin- 
tendence of  the  same,  be  adjudged  most  worthy  from  their  fidelity  to  their 
studies,  their  attainments,  their  moral  deportment,  their  personal  habits  of 
cleanliness,  and  propriety  of  manners ;  the  sum  of  two  hundred  dollars  to 
be  appropriated  to  the  purchase,  in  every  year,  of  gold  medals  of  two  de- 
grees, of  which  ten  shall  be  of  the  value  of  ten  dollars  each,  and  twenty  of 
the  value  of  five  dollars  each,  to  be  annually  distributed  to  the  most  meri- 
torious of  the  graduating  classes  of  the  public  female  high  schools ;  these 
prizes  to  be  adjudged  for  the  same  merit,  and  under  the  like  regulations,  as 
the  prizes  to  be  given  to  the  graduates  of  the  male  high  school ;  the  remain- 
ing five  hundred  dollars  to  be  in  like  manner  distributed  in  money  prizes,  as 
provided  above  for  the  graduates  of  the  male  high  school  in  the  same 
amounts  respectively,  to  the  yearly  graduates  in  the  school  of  design  at- 
tached to  the  Mechanics'  Institute  of  this  city.  To  render  this  annual  dis- 
tribution of  prizes  effective  to  the  end  I  have  in  view,  I  desire  that  the 
trustees  shall  digest,  propose  and  adopt  all  such  rules  and  provisions,  and 
procure  such  correspondent  regulations  on  the  part  of  the  public  institutions 
referred  to,  as  they  may  deem  necessary  to  accomplish  the  object." 


Sewers. 


861 


Article  XLIV. 


ARTICLE   XLIV. 


SEWERS. 


STATUTES 


1.  Mayor,  &c.,  to  pave  and  keep  in 

repair. 

2.  Penalty  for  obstructing. 

3.  Constructing,     enlarging,    &c., 

sewers :  powers  of  Mayor  and 
Council. 


4.  Benefits  assessed :  a  lien. 

5.  Passage  of  ordinance :  notice  to 

be  given. 

6.  Commissioners:   notice  to  be 

given  of  object  of  ordinance. 

7.  Tax :  sinking  fund. 


ORDINANCES 


1.  Commissioners    for    Opening 

Streets  and  City  Commission- 
er, board. 

2.  Oath  of  commissioners. 

3.  Oath  to  be  recorded  and  certified 

to. 

4.  Clerk :  proceedings  to  be  record- 

ed :  City  Solicitor :  City  Sur- 
veyor :  compensation  :  oath  of 
clerk,  &c. 

5.  Benefits  derived :    injuries  sus- 

tained :  assignment  to  Register 
or  Collector. 

6.  Constructing,  opening,  &c.,  sew- 

ers :  notice :  meeting  of  com- 
missioners :  damages :  award  : 
assessment  of  ground. 

7.  What  part  of  house  or  lot  taken, 

&c. :  five  per  cent,  stock :  no- 
tice: public  auction:  bond  of 
purchaser :  when  commission- 
ers to  re -sell. 

8.  Statement  of  damages :  descrip- 


tion :  notice :  commissioners  to 
review:  to  make  corrections: 
Register  to  notify. 
9.  Right  of  appeal  to  Baltimore 
City  Court:  aubpetiia  du4xs 
tecum  to  Itegister :  record  of 
proceedings  of  board :  exami- 
nation of  witnesses:  jury:  de- 
cisions to  be  entered  on  record 
of  proceedings :  evidence: 
costs. 

10.  Duty  of  Collector. 

11.  When  Collector  to  sell  property: 

12.  Under  what  conditions  property 

sold :  when  Collector  to  re-sell. 

13.  Deed  from  Collector:    purchase 

money. 

14.  Assessments,   liens:   consent  in 

writing:  damages  paid  or  in- 
vested. 

15.  Persons  not  claiming  title  may 

pay  amount  assessed :  certifi- 
cate. 


862 


Sewees. 


Article  XLIV.— Statutes. 


16. 


17. 

18. 
19. 
20. 
21. 


When  commissioners  interested, 

temporary    appointment     by 

Mayor. 
Time  limited  :    proviso :    report 

to  Mayor  and  Council. 
When  work  to  be  closed. 
Unexpired  term  of  years  in  lot. 
Obstructions  :  suit  for  expenses. 
Per  diem  to  commissioners  and 

clerks. 


22.  Papers  and  books  to  be  deposited 

with  Register. 

23.  Survey  of  route  of  sewer. 

24.  Advertisement  for  proposals. 

25.  Contractors  to  give  bond. 

26.  Penalty  for  obstructing  sewers. 

27.  Sewers  not  to  be  tapped  or  open- 

ed: penalty. 

28.  Private    sewers :   permission  to 

construct:  penalty. 

29.  Payment:  penalty. 


STATUTES. 

P.  L.  L.,  Art.  4,  1.  The  Mayor  and  City  Council  have  full  power  to  pave 
Mayor,  &c.,  to   and  keep  in  repair  all  necessary  drains  and  sewers,  to  pass  all 

have  and  keep  i       •  <» 

in  repair.  regulations  ncccssary  for  the  preservation  of  the  same,  and  to 
authorize  any  person  by  them  appointed  for  that  purpose  to 
enter  upon  the  lots,  grounds,  and  possessions  of  any  person  or 
body  politic,  through  which  the  common  sewers  run,  or  ought 
to  run,  to  regulate,  make  or  repair  the  same. 

Ibid,  sec.  836.  2.  If  any  person  shall  wilfully  stop  up  or  obstruct  the  pas- 
Penaity  for  Ob-  sagc  of  the  watcrs  of  any  of  the  common  sewers,  he  shall  for- 

structing.  n  •  -i  ^ 

feit  and  pay  the  sum  of  one  hundred  dollars. 

1868,  c.  181,  s.  1.  3.  The  Mayor  and  City  Council  of  Baltimore  shall  have  full 
Constructing,  power  to  providc  for  constructing,  opening,  enlarging  or  straight- 
sewers.  '  '  ening  any  sewer  through  any  street,  lane  or  alley,  or  through 
Powers  of  May-  any  private  property,  upon  giving  thirty  days'  notice  in  writing 

or  and  Council.  ,,        .  ,  . 

to  the  owners  or  agents  oi  said  private  property  within  the 
bounds  of  the  city,  when  in  their  opinion  the  convenience  or 
welfare  of  the  city  may  require  it,  to  provide  for  ascertaining 
whether  any  and  what  amount  of  actual  damage  will  accrue 
thereby,  and  what  amount  of  actual  benefit  will  thereby  accrue 
to  the  owner  or  possessor  of  any  ground  or  improvements  with- 
in or  adjoining  to  the  city,  being  governed  as  far  as  practicable 
by  the  number  of  superficial  feet  drained,  and  to  provide  for 
assessing  and  levying,  either  generally  on  the  whole  assessable 


Sewers.  863 

Article  XLIV.— Statutes. 


property  of  the  said  city,  or  by  a  loan  for  the  special  purpose 
for  constructing,  opening,  enlarging  or  straightening  any  sewer, 
the  sum  necessary  to  pay  the  expense  or  cost,  or  specially  on 
the  property  of  persons  actually  benefitted,  the  whole  or  any 
part  of  the  damages  and  expenses  which  they  shall  ascertain 
will  be  incurred  in  constructing,  opening,  enlarging  or  straight- 
ening any  sewer  in  any  street,  lane  or  alley,  or  through  any 
private  property  in  said  city,  to  provide  for  granting  appeals  to 
the  court  or  courts  having  jurisdiction  thereof  in  Baltimore 
city,  from  the  decision  of  any  commissioners  or  other  persons 
appointed  in  virtue  of  any  ordinance  to  ascertain  the  damage 
which  will  be  incurred  or  the  benefits  which  will  accrue  to  the 
owners  or  tpossessors  of  any  ground  or  improvements  for  con- 
structing, opening,  enlarging  or  straightening  in  any  street,  lane 
or  alley,  or  through  any  private  property,  any  sewer  which  in 
their  opinion  the  public  welfare  or  convenience  may  require, 
and  for  securing  to  every  such  owner  or  possessor  the  right  on 
application  within  a  reasonable  time,  to  have  decided  by  a  jury 
trial,  whether  any  damage  and  what  amount  of  damage  has 
been  caused,  or  whether  any  benefit,  and  what  amount  of  ben- 
efit has  accrued  to  them ;  and  to  provide  for  collecting  and 
paying  over  the  amount  of  compensation  adjudged  to  each 
person  to  receive  the  same,  or  investing  in  stock  of  said  cor- 
poration bearing  interest  of  five  per  centum  per  annum  for  the 
use  of  any  person  who  because  of  infancy,  absence  from  the 
city,  or  other  cause,  may  be  prevented  from  receiving  it  before 
any  sewer  shall  be  constructed,  opened,  enlarged  or  straightened 
in  any  street,  lane  or  alley,  or  through  any  private  property,  and 
to  enact  and  pass  all  ordinances  from  time  to  time  which  shall 
be  deemed  necessary  and  proper  to  exercise  the  power  and  eficct 
the  objects  herein  specified. 

4.     The  amount  of  benefits  assessed  on  any  property  for  con-  iMd.s.  2. 
structing,  opening,  enlarging  or  straightening  any  sewer  in  any  Benefits  asstss 
street,  lane  or  alley,  or  through  any  private  property  construct- 


864  Sewers. 

Article  XLIV. — Ordinances. 


ed,  opened,  enlarged  or  straightened  by  virtue  of  any  ordinance 
'  passed  by  the  Mayor  and  City  Council  of  Baltimore,  shall  be 

a  lien  on  the  property  and  recoverable  as  city  taxes  are. 

Ibid,  8.  3.  5.     Before  the  Mayor  and  City  Council  of  Baltimore  shall 

Passa8;e  of  ordi-  pass  any  ordinance  under  section  three,  notice  shall  be  given  of 

nance. 

Notice  to  be  an  application  for  the  passage  of  such  an  ordinance  in  at  least 
two  of  the  daily  newspapers  of  said  city,  twice  a  week  for  sixty 
days. 


Ibid, 8.4.  g^     Before  any  commissioners  appointed  by  any  ordinance 

Commissioners,  of  Said  Corporation  under  the  preceding  sections  hereof  shall 

proceed  to  the  performance  of  their  duty,  they  shall  give  daily 

Notice  to  be       noticc  in  at  least  two  newspapers  in  the  city  of  Baltimore  of 

given  of  objcc'.  '      '  ./  » 

of  ordinance,  ^.he  objcct  of  thc  Ordinance  under  which  they  propose  to  act, 
at  least  thirty  days  before  the  time  of  the  first  meeting  to  ex- 
cute  the  same. 

Ibid, 8. 5.  7.     Should  the  commissioners  appointed  by  the  Mayor  and 

Tax.  City  Council   of  Baltimore  levy  any  part  of  the  expense  and 

damage  incurred  in  the  construction,  opening,  enlarging  or 
straightening  any  sewer  in  the  city,  the  said  Mayor  and  City 
Council  may  levy  a  tax  on  the  assessable  property  of  the  city 
for  the  amount  of  such  assessment,  or  they  may  raise  the  neces- 
sary amount  by  a  loan,  for  the  payment  of  which  they  may  create 
Sinking  fund,  a  sinking  fund  to  meet  the  liabilities  incurred,  and  may  also 
levy  on  the  assessable  property  of  the  city  of  Baltimore  from 
time  to  time  such  sums  as  may  be  necessary  to  provide 
therefor,  and  for  the  principal  and  interest  of  the  liabilities  in- 
curred, and  may  pass  all  ordinances  necessary  to  carry  out  the 
provisions  of  the  same. 

ORDINANCES. 

No^55,f..  i.M&y      1.   The  Commissiouers  for  Opening  Strccts,  together  with  tlic 
Commissioners  City  Commissiouer,  are  hereby  constituted  a  board  to  carry  into 

for  Opening  ^  t  J  d 

comm^'siwi^r''^  effcct  the  provisious  of  this  ordinance. 

board. 


Sewers.  865 

Article  XLIV. — Ordinances. 


2.  In  each  and  every  case,  before  the  commissioners  shall  ibia,  s.  2. 
proceed  to  act  as  a  board  in  the  exercise  of  the  powers  confi-  oathof  com-' 

»^  r  mi88ioner(. 

ded  to  them  by  this  or  any  future  ordinance,  they  shall  sever- 
ally take  and  subscribe  the  following  oath  or  affirmation  before 
a  justice  of  the  peace :  "  I.  A.  B.,  do  swear,  or  solemnly, 
sincerely  and  truly  declare  and  affirm,  that  I  will  to  the  best 
of  my  judgment,  knowledge  and  ability,  faithfully,  impartially 
and  diligently  execute  the  duties  of  a  commissioner  for  the 
construction  of  sewers  in  the  city  of  Baltimore,  according  to 
the  ordinance  to  provide  for  exercising  certain  powers  vested 
in  this  corporation  in  relation  to  the  construction  of  sewers  in 
the  city  of  Baltimore." 

3.  The  said  oath  or  affirmation  shall  be  recorded  in  a  book  ibid,  s.  3. 

to  be  provided  by  the  said  commissioners  for  the  recording  of  Oathto  be  re- 

,  corded  and  cer- 

their  proceedings,  and  the  justice  in  whose  presence  the  said  "fied  '<>• 
oath  or  affirmaton  shall  be  made  and  subscribed,  shall  certify 
thereto  under  his  hand  in  the  same  book. 

4.  The  clerk  to  the  Commissioners  for  Opening  Streets  shall  ibid,  ■.  4. 
keep  a  full  and  true  record  of  all  their  proceedings  in  a  book  cierk. 
provided  as  aforesaid,  under  the  direction  and  supervision  of  Proceedings  to 

be  recorded. 

the  City  Solicitor,  and  in  such  form  as  he  may  prescribe ;  and  city  solicitor, 
the  said  clerk  shall  record  all  orders  made  by  the  said  coin-  Duties  of  clerk, 
missioners  in  regard  to  the  performance  of  their  duties,  and 
make  true  copies  of  all  notices  by  them  directed  to  be  pub- 
lished, and  the  certificate  of  the  publication  thereof;  and  shall 
perform  such  other  necessary  duties  as  the  said  commissioners 
shall  require ;  and  the  said  commissioners  shall  also  have  the 
power  to  obtain  the  services  of  the  City  Surveyor,  and  such  city  Surreyor. 
other  assistants  and  agents  as  they  may  deem  necessary,  in 
the  exercise  of  their  powers  and  allow  to  the  clerk,  and  each 
of  the  persons  so  employed  by  them,  such  compensation  as  compensation. 
may  be  fixed  by  ordinance,  and  if  not  so  fixed,  as  the  said 
commissioners  may  deem    reasonable,   and    assess    the    said 


866 


Sewers. 


Article  XLIV. — Ordinances. 


compensation  and  all  other  necessary  charges ;  and  the  clerk 
and  other  persons  to  be  so  employed,  shall  severally  take  and 
subscribe  an  oath  or  affirmation  similar  in  substance  to  that 
required  to  be  taken  and  subscribed  by  the  commissioners, 
which  shall  be  in  like  manner  entered  in  the  record  of  the 
proceedings  of  the  said  commissioners. 


Oath  of  clerk, 
ftc. 


Ibid,  s.  5;  No.      5.     When    the  said   commissioners   shall   assess  a  sum  of 

114,  June  21, '75. 

Benefits  de-      mouev  to  bc    paid   by  any  person  or   persons   for    benefits 

rived.  1      .     '  1  1  ,  1 

derived  by  such  person  or  persons,  by  constructing,  opening, 
enlarging  or  straightening  any  sewer,  and  shall  assess  a  sum 
of  money  to  be  paid  to  the  same  persons  for  injury  sustained 
by  constructing,  opening,  enlarging  or  straightening  any 
sewer,  it  shall  and  may  be  lawful,  upon  a  certificate  and 
Assignments  to  abstract  of  title  from  the  Examiner  of  Titles,  for  the  Register 

ReRister  or  Col-         /-•    n       ,  •         <•  i 

lector.  or  (JoJ lector  to  receive  irom  such  person  or  persons  an  assign- 

ment for  the  sum  or  sums  so  assessed  as  damages  as  aforesaid. 


Injuries  sus- 
tained. 


Ibid,  8.  6. 

Constructing, 
opening,  &c.,, 
sewers. 


Xotice. 


Meeting  of 
commissioners. 


Damages. 


6.  Whenever  the  Mayor  and  City  Council  of  Baltimore 
shall  hereafter  by  ordinance  direct  the  Commissioners  for  Open- 
ing Streets  and  Sewers  to  construct,  open,  enlarge  or  straighten 
any  sewer  within  the  bounds  of  this  city,  the  said  commis- 
sioners shall  give  at  least  thirty  days'  notice  in  at  least  two 
of  the  daily  newspapers  of  the  city,  and  also  thirty  days' 
notice,  in  writing,  to  the  owners  or  agents  of  any  private  pro- 
perty through  which  any  sewer  may  be  intended  to  pass,  of 
the  object  of  the  ordinance  under  which  they  are  about  to 
act,  and  of  the  day,  hour  and  place  of  their  first  meeting 
under  the  said  ordinance  ;  and  the  said  commissioners  shall 
meet  at  the  time  and  place  mentioned  in  the  notice  given  by 
them,  and  proceed  to  exercise  the  power  and  perform  the  duty 
assigned  to  and  required  of  them,  under  and  by  virtue  of  this 
ordinance,  and  ascertain  whether  any  and  what  amount  in 
value  of  damage  will  thereby  be  caused  to  the  owner  of  any 
right  or  interest  claimed  in    anj'  ground    or    improvements 


I 


Sewers.  867 

Article  XLIV. — Ordinances. 


within  or  adjacent  to  the  said  city,  over  and  above  the  amount 
in  value  of  benefit  which  will  thereby  accrue  to  such  owner, 
for  which,  taking  into  consideration  all  advantages  and  dis- 
advantages, such  owner  ought  to  be  compensated;  and  in 
addition  thereto,  shall  award  to  the  occupant  or  occupants  of  Award, 
any  lot  of  ground,  or  of  any  improvement  that  may  be  re- 
moved, such  damages,  if  any,  as  the  commissioners,  or  a 
majority  of  them,  may  believe  such  party  or  parties  have  sus- 
tained by  such  removal;  and  the  said  commissioners,  after 
having  ascertained  the  whole  amount  of  damages  as  aforesaid, 
and  after  having  added  thereto  an  estimate  made  by  them  of 
the  probable  amount  of  expenses  which  will  be  incurred  in 
the  performance  of  the  duties  required  of  them  as  aforesaid, 
and  also  the  expense  incurred  by  the  Register  under  the  pro- 
visions of  this  ordinance,  shall  proceed  to  assess  all  the  ground  ABse»smentof 

ground. 

and  improvements  within  and  adjacent  to  the  city,  the  owners 
of  which,  as  such,  the  said  commissioners  shall  decide  and 
deem  to  be  directly  benefitted  by  accomplishing  the  object  au- 
thorized in  the  ordinance  aforesaid,  being  governed  as  far  as 
practicable  by  the  number  of  superficial  feet  drained  ;  and 
should  the  direct  benefits  assessed  as  aforesaid  not  be  equal  to 
the  damage  and  expenses  incurred,  the  balance  of  said  expen- 
ses and  damages  shall  be  paid  by  the  City  Register,  and  be 
taken  out  of  the  general  levy — subject,  nevertheless,  to  all 
such  restrictions  exempting  certain  descriptions  of  property 
from  assessment,  as  are  contained  in  any  law  of  the  State,  or 
in  this  ordinance,  or  in  any  other  ordinance  of  the  city. 

7.     In  every  case  where  it  shall  be  necessary  in  order  to  ibid,  s,  7. 
efiect  the  object  proposed  that  a  part  only  of  a  house  and  lot,  when  part  of 
or  of  a  lot,  shall  be  taken  and   used  or  destroyed,  and   the  taken,  &c. 
owner  or  owners  thereof  shall  claim  to  be  compensated  for 
the  whole,  the  said  commissioners  shall  ascertain  the  full  value 
thereof,  and  if  the  whole  lot  and  improvement  were  necessary 
to  be  taken  and  used  for  such  proposed  object,  and  the  whole 


868 


Sewers. 


Article  XLIV. — Ordinances. 


Fire  per  cent. 
■tock' 


NoUce. 


amount  of  such  valuation,  when  finally  decided  on,  shall  be 
paid  or  tendered  to  the  owner  or  owners  thereof,  or  vested  in 
city  five  per  cent,  stock  for  his,  her,  or  their  use,  before  any 
part  thereof  shall  be  destroyed,  removed,  or  used,  unless  such 
owner  or  owners  shall  assent  thereto  in  writing,  as  provided 
in  the  fourteenth  section  of  this  ordinance ;  and  the  said  com- 
missioners, after  giving  ten  days'  notice  in  two  of  the  daily 
newspapers  of  the  city,  of  the  time  and  place,  manner  and 
terms  of  sale,  shall  sell  the  materials  of  any  house  which  it 
shall  be  necessary  to  remove  in  whole  or  in  part,  and  the  resi- 
due of  any  lot  of  which  a  part  shall  be  taken  and  used  as 
necessary  to  efiect  the  object  confided  to  the  commissioners, 
and  for  which  the  owners  shall  claim  to  be  fully  compensated, 

Public  auction,  at  public  auction,  to  the  highest  bidder  for  cash,  to  be  paid  on 
the  day  when  full  possession  shall  be  given  of  the  property  or 
materials  so  sold,  and  the  said  commissioners,  or  a  majority  of 
them,  on  receiving  the  price  or  sum  of  money  so  bid  shall  by 
a  good  and  sufficient  deed,  to  be  executed  and  acknowledged 
by  them  in  the  form  and  manner  required  by  law  for  convey- 
ing the  title  of  lands  in  this  State,  convey  any  ground  by  them 
so  sold  to  the  purchaser  thereof;  and  such  sale  shall  be  made 
before  the  commissioners  shall  proceed  to  assess  the  amount  of 
damages  and  expenses  to  be  assessed  as  directed  by  tliis  ordi- 
nance, and  the  said  commissioners  are  duly  empowered  to  take 
and  receive  a  bond  of  the  purchaser  of  the  property  or  ma- 
terials aforesaid,  with  a  penalty  to  the  Mayor  and  City  Council 
of  Baltimore,  that  the  price  for  which  the  same  was  sold  shall 
be  duly  paid  at  such  time  as  they,  the  said  commissioners,  are 
prepared  to  deliver  possession  of  said  property  and  materials, 
and  that  the  said  purchaser  shall  remove  within  sixty  days 
thereafter  such  materials  so  sold,  and  all  rubbish  or  other  ob- 
structions occasioned  thereby ;  and  in  the  event  of  the  pur- 
chasers failing  forthwith  to  comply  with  the  terms  of  said  sale, 

When  commis-  the  commissiouers  shall  re-sell  the  said  property  or  materials 

sioners  to  resell. 

at  the  risk  of  the  former  purchaser  or  purchasers,  giving  not 


Bond  of  pur 
chaser. 


Sewers.  869 

Article  XLIV. — Ordinances. 


less  than  five  days'  notice  of  said  sale  in  two  of  the  daily  news- 
papers of  the  city  aforesaid. 


8.     As  soon  as  the  commissioners  aforesaid  shall  have  com-  ibid,  s.  8. 
pleted   the    valuation   of   damages   ascertained   by   them,  as  statement  of 

damages 

directed  by  the  sixth  section  of  this  ordinance,  they  shall  cause 
a  statement  thereof  to  be  made  out  and  placed  in  the  office  of 
the  City  Register  for  the  inspection  of  all  persons  desiring  in- 
formation of  its  contents,  and  such  statement,  together  with 
an  explanatory  map  or  maps,  shall  contain  a  correct  descrip-  Description, 
tion  of  each  separate  lot  or  parcel  of  ground  deemed  to  have 
sustained  damages,  its  length  and  breadth,  the  name  of  any 
street,  square,  lane  or  alley  on  which  it  bounds;  the  names  of 
all  persons  who  shall  claim  any  estate  or  interest  in  it,  and 
the  amount  of  damages  as  valued  by  the  commissioners ;  and 
if  there  be  any  house  or  other  improvement  on  it  necessary  to 
be  removed  in  whole  or  part,  a  description  of  the  size  and 
such  other  particulars  as  the  commissioners  shall  deem  proper, 
and  in  like  manner  a  description  of  each  parcel  of  ground 
deemed  by  the  commissioners  to  be  benefitted,  the  name  or 
names  of  such  person  or  persons  as  shall  claim  any  estate  or 
interest  therein  and  the  amount  assessed  thereon  for  benefits; 
and  the  commissioners  shall  cause  a  notice  to  be  published  four  Notic*. 
successive  days,  in  three  daily  newspapers  of  the  city,  stating 
the  extent  of  the  ground  covered  by  the  assessment,  and  that 
such  statement  and  map  or  maps  have  been  so  deposited  with 
the  Register  for  examination,  and  that  the  commissioners  will 
meet  at  the  office  of  the  Commissioners  for  Opening  Streets 
and  Sewers  on  a  day  in  such  notice  to  be  named,  which  shall 
be  within  ten  days'  after  the  first  publication  of  such  notice,  to 
review  any  of  the  several  matters  set  forth  in  the  said  state-  commissioners 
mentjto  which  any  person  claiming  to  be  interested  therein  shall, 
on  that  day  so  appointed,  make  objection  ;  and  the  commission- 
ers shall  meet  at  the  time  and  place  so  appointed,  and  consider 
all  such  representations  and  testimony  on  oath  or  affirmation. 


870 


Sewerb. 


Article  XLIV. — Ordinances. 


To  make  cor- 
rections. 


verbal  or  in  writing,  in  relation  to  any  matter  in  said  statement 
which  shall  be  offered  to  them  on  behalf  of  any  person  claim- 
ing to  be  interested  therein  ;  and  the  said  commissioners  shall 
make  all  such  corrections  and  alterations  in  the  valuations, 
assessments  and  estimates,  and  all  other  matters  contained  in 
the  said  statements  and  explanatory  map  or  maps  aforesaid,  as 
in  their  judgment  shall  appear  to  them,  or  a  majority  of  them, 
to  be  just  and  proper  ;  and  they  may  adjourn  from  day  to  day, 
if  necessary,  to  give  all  parties  claiming  a  review  an  oppor- 
tunity to  be  heard,  not  exceeding  in  the  whole  ten  days ;  and 


after  closing  such  review  the  commissioners  shall  make  all 
such  corrections  in  their  statement  and  explanatory  map  or 
maps  as  they  shall  deem  proper,  and  cause  such  statement  and 
map  or  maps  so  corrected  and  certified  under  the  hands  and 
seals  of  said  commissioners  and  their  clerk,  to  be  deposited  in 
the  oflBce  of  the  Register  as  one  of  the  records  of  the  city ; 
Kegister  to  no-   and  it  shall  be  the  duty  of  the  Register  within  five  davs  after 

tify.  ,  " 

said  proceedings  shall  have  been  deposited  in  his  ofiice,  to 
notify  all  persons  interested  by  an  advertisement  to  be  inserted 
once  a  week  for  four  successive  weeks  in  three  of  the  daily 
newspapers  of  the  city,  that  the  said  assessment  and  maps 
have  been  so  placed  in  his  office,  and  that  the  parties  interested 
therein  are  entitled  to  appeal  therefrom  by  petition  in  writing 
to  the  Baltimore  City  Court. 

Ibid,  s.  9.  9.     Any  person  or  persons,  or  corporations,  who  may  be  dis- 

jiight  of  appeal  Satisfied  with  the  assessment  of  damages  or  benefits  as  herein- 

to  City  Court.  . 

before  provided,  may,  within  thirty  days  aftef  the  return  of 
corrected  statement  and  map  or  maps  to  the  Register,  as  pro- 
vided in  the  eighth  section  of  this  ordinance,  and  the  first 
publication  of  the  notice  thereof  by  the  Register,  appeal  there- 
from, by  petition  in  writing,  to  the  Baltimore  City  Court,  pray- 
ing the  said  court  to  review  the  same,  and  on  any  such  appeal 
the  court  may  and  shall  appoint  a  day  for  hearing  said  appeal, 
which  shall  not  be  less  than  five  nor  more  than  thirty  days 


Sewers.  871 

Article  XLIV. — Ordinances. 

after  the  expiration  of  the  thirty  days  limited  for  taking  ap- 
peals as  aforesaid,  and  shall  direct  the  clerk  of  the  said  court, 
to  issue  a  subpoena  dttces  tecum  to  the  Register  of  the  City,  subpcena  duces 

.    .  ,  .  ,  Til-  .1  1  J  tecum  to  Regis- 

requinng  him  to  produce  and  deliver  to  said  court  the  record  ter. 

of  the  proceedings  of  the  Board  of  Commissioners  in  the  case,  Record  of  pro. 

ceedingsof 

and  all  maps,  plats,  documents  and  papers,  connected  with  Board. 

such  record  ;  and  the  said  Baltimore  City  Court  shall  have  full 

power  to  hear  and  fully  examine  the  suhject  and  decide  on  the  Kxaminauon  or 

witnesses. 

said  appeal,  and  for  that  purpose  is  herehy  authorized  and  em- 
powered to  adjourn  from  time  to  time,  and  may  cause  all  such 
appeals  to  be  consolidated,  or  may  hear  and  decide  them  separ- 
ately, and  may  require  the  said  commissioners,  their  clerks, 
surveyor  or  other  agents  and  servants,  or  any  of  them,  and  all 
such  other  persons  as  the  court  shall  deem  necessary  to  attend, 
and  examine  them  on  oath  or  aflBrmation,  and  may  permit  and 
require  all  such  explanations,  amendments  and  additions  to  be 
made  to,  and  of  the  said  record  of  the  proceedings  as  the  said 
court  shall  deem  requisite ;  and  the  persons  appealing  to  the 
Baltimore  City  Court  as  aforesaid,  shall  be  secured  in  the  right 
of  a  jury  trial,  and  the  said  court  shall  direct  the  Sheriff  of 
Baltimore  City  to  summon  twelve  or  more  persons  qualified  to  jury, 
be  jurors,  and  shall  empannel  any  twelve  disinterested  persons 
80  summoned  or  attending  the  court,  to  try  any  question  of 
facts,  and  if  necessary,  to  view  any  property  in  the  city  or  ad- 
jacent thereto,  to  ascertain  and  decide  on  the  amount  of 
damages  or  benefits  under  the  direction  of  the  court;  and  the 
said  court  shall  not  reject  or  set  aside  the  record  of  the  pro- 
ceedings of  the  said  commissioners  for  any  defect  or  omission 
in  either  form  or  substance,  but  shall  amend  or  supply  all  such 
defects  and  omissions,  and  increase  or  reduce  the  amount  of 
damages  and  benefits  assessed,  and  alter,  modify  and  correct 
the  said  return  of  proceedings  in  all  or  any  of  its  parts,  as  the 
said  court  shall  deem  just  and  proper,  and  shall  cause  the  pro-  Decisions  to  be 

,.  11--  •!  1  11  entered  in  re- 

ceedings  and  decisions  on  said  returns  and  appeals  to  be  en- cordofproceed- 

.  ings. 

tered  in  the  book  containing  the  record  of  the  proceedings  of 


872  Seweks. 

Article  XLIV. — Ordinances. 


the  commissiouers,  certified  by  the  clerk,  under  the  seal  of  the 
court,  and  the  book  to  be  transmitted  to  the  Register  of  the 
City,  which  shall  be  final  and  conclusive  in  every  respect,  un- 
less an  appeal  be  taken  to  the  Court  of  Appeals,  and  such 
records,  book  or  copy  of  the  proceedings  therein,  or  any  part 
of  such  proceedings,  whether  in  court  or  out  of  court,  certified 
by  the  Register  of  the  City,  under  the  corporate  seal  of  the 
Evidence.  city,  shall  be  evidence  in  any  court  in  this  State ;  and  the 
judge  of  the  Baltimore  City  Court  shall  have  full  power,  in 
his  discretion,  to  add  the  reasonable  costs  of  any  appeal,  to 
be  taxed  by  him,  or  any  part  thereof,  to  the  damages  to  be 
collected  for  constructing,  opening,  enlarging  or  straightening 
any  sewer,  or  to  require  such  cost,  or  any  part  thereof,  to  be 
paid  by  all,  or  by  either  of  the  appellants,  as  the  circumstances 
of  each  appeal  in  his  opinion  shall  justify. 

Ibid,  s.  10.  10.     If  no  appeal  shall  have  been  prayed  within  ten  days 

Duty  of  coDec-  after  the  time  hereinbefore  limited  therefor,  or  after  the  return 
of  the  decision  upon  any  appeal  shall  have  been  made  to  the 
Register,  the  said  Register  shall  transfer  the  said  commission- 
ers' return  to  the  Collector,  who  shall  proceed  forthwith  to 
notify  the  parties  assessed  for  benefits,  by  means  of  bills  speci- 
fying the  several  sums  so  assessed,  and  warning  them  that  if 
the  same  be  not  paid  within  six  months  from  the  date  of  such 
transfer  of  said  commissioners'  return,  he  will  proceed  to  sell 
the  specific  piece  or  parts  of  property  on  which  such  unpaid 
sum  or  sums  of  money  shall  have  been  assessed,  in  the  manner, 
and  after  having  given  the  notice  directed  by  the  eleventh 
section  of  this  ordinance. 


tor. 


Ibid.  g.  11.  11.     If  the  sums  assessed  upon  the  property  benefitted  shall 

When  Collector  Hot  bc  paid  withiu  the  time  above  limited,  the  Collector  is 

property.  jjgj.g^y  authorized  and  directed  to  sell  the  property,  or  any 

part  thereof,  on  which  such  assessment  has  been  laid,  giving 
Notice.  not  less  than  thirty  day's'  nor  more  than  sixty  days'  notice  of 

said  sale,  in  two  of  the  daily  newspapers  published  in  the  city 


Sewers.  873 

Article  XLIV. — Ordinances. 


of  Baltimore ;  said  notice  to  be  published  within  ten  days 
after  the  expiration  of  the  time  limited  in  the  tenth  section 
for  the  payments  of  said  benefits,  and  the  moneys  so  collected 
by  the  Collector  shall  be  paid  over  by  him  to  the  Mayor  and 
City  Council  of  Baltimore,  as  other  moneys  are  directed  to  be 
paid  over,  and  by  them  to  the  persons  entitled  to  receive  the 
same. 

12.  In  all  cases  in  which  the  City  Collector  shall  sell  any  ibia,  •.!.}. 
property  on  account  of  the  non-payment  of  assessments  made  under  what 
for  the  constructing,  opening,  enlarging  or  straightening  of  pertysoht.''"' 
any  sewer,  it  shall  be  his  duty  to  sell  said  property  to  the  ex- 
tent and  subject  to  the  same  conditions  which  are  provided  by 
ordinance  for  the  sale  of  real  estate  in  the  city  of  Baltimore, 
charged  with  the  payment  of  other  taxes  imposed  by  this  cor- 
poration ;  and  in  the  event  of   the  purchaser  or  purchasers 

failing  forthwith  to  comply  with  the  terms  of  said  sale,  the 
Collector  shall  re-sell  the  same  at  the  risk  of  the  former  pur-  when  coUector 
chaser,  giving  not  less  than  ten  days'  notice  in  two  of  the  daily 
newspapers  of  the  city  aforesaid  ;  and  after  collecting  the  bene- 
fit assessments  he  shall  forthwith  return  the  said  commis- 
sioners' proceedings  to  the  City  Comptroller. 

13.  The  Collector  on  receiving  the  full   amount  of   the  ibid,  •.  is. 
purchase  money  on  such  sale  shall  execute  a  deed  of  convey- Deed  from  coi- 
ance  in  favor  of  the  purchaser  or  purchasers,  or  their  assigns 

or  assignees,  which  deed  shall  convey  a  fee  simple  or  leasehold 
estate,  as  the  case  may  be,  in  and  to  such  property ;  and  after 
deducting  the  costs  of  sales,  advertising  and  other  necessary 
expenses,  he  shall  pay  the  balance  of  such  purchase  money  to  purchase  mo- 
the  Mayor  and  City  Council  of  Baltimore,  who  shall  pay  over  "*^' 
the  said  balance,  after  deducting  the  amount  assessed  on  said 
property,  to  the  person  or  persons  entitled  thereto,  on  demand, 
without  interest. 

14.  All   sums  of   money  assessed    by  the  commissioners  ibid,s.i4. 
aforesaid,  upon  property  deemed  by  them  to  be  benefitted,  shall 


874  Sewers. 

Article  XLIV. — Ordinances. 


Assessments,  be  and  contiDue  liens  on  each  several  piece  of  property  so 
assessed  to  the  amount  of  its  particular  assessment,  until  the 
same  shall  be  paid  to  the  city ;  but  no  sewer  shall  be  con- 
structed, opened,  enlarged  or  straightened  on  or  under  the 
ground  of  any  person  or  persons,  or  corporations  adjudged  by 
the  commissioners  to  be  entitled  to  damages  for  said  opening 

Consent  in  writ- and  SO  forth,  without  the  consent  in  writing  of  the  person  or 
corporation  so  entitled,  until  such  damages  shall  be  paid,  or 

Damages  paid    the  amouut  thcrcof  invested  in  the  city  five  per  cent,  stock,  for 

or  invested.  ,  •   i     i  i> 

the  use  of  each  person  or  corporation  entitled  to  any  part  oi 
the  compensation  for  such  damages  to  the  amount  of  his,  her 
or  their  respective  right  and  interest  therein,  of  which  invest- 
ment the  Register's  certificate  under  the  corporate  seal  of 
the  city  shall  be  competent  proof. 

Ibid,  3. 15.  15.     Any  person  or  persons  not  claiming  title  to  any  lot  or 

Persons  not       picce  of  property  upon   which  any  sums  shall  be  assessed  as 

claiming  title  n  i  /»  i        •   u  • 

may  pay  the      aforcsaid,  may  pay  the  amount  of  the  sum  so  assessed  within 

amount  assess-  ./    i     ./ 

^'^-  the  time  limited  to  the  Register  of  the  City,  and  obtain  his  cer- 

certificate.  tificatc  of  baviug  paid  such  sum,  without  claiming  title  to  the 
property,  and  such  payments  shall  vest  in  the  person  or  per- 
sons paying,  his,  her  or  their  lieirs,  the  lien  on  such  lot  or  property 
mentioned  in  the  fourteenth  section  of  this  ordinance. 

Ibid, s.  16.  16.     If  it  should   so  happen  that  any  one  or  more  of  said 

When  commis-  commissiouers  should  be  interested  in  anv  particular  case,  the 

sioners  inter-  " 

ested.  Mayor  shall  make  a  temporary  appointment  of  a  commissioner 

Temporary  ap-  or  comiiiissioners  to  act  in  the  place  and  stead  of  such  in- 

pointment  by 

Mayor.  tcrcstcd  Commissioner  or  commissioners,  who  shall  take  the 

oath  or  afiirmation,  as  the  case  may  be,  and  in  all  respects  con- 
duct himself  as  the  commissioners  who  are  annually  appointed. 

Ibid,  8. 17.  17.     In  case  the  said  commissioners  shall  commence   any 

Time  limited,    proceedings  by  virtue  of  this  or  any  future  ordinance,  they 

shall  be  allowed  not  exceeding  ninety  days  to  complete  the 

Proviso,  same ;  provided,  should  said  commissioners  ascertain  it  to  be 


Seweks.  875 

Article  XLIV. — Ordinances. 


impracticable  so  to  complete  the  said  proceedings  they  shall 

make  to  the  Mayor  or  City  Council  a  full  and  explicit  report  Report  to  Mayor 

_  ,  and  Council. 

01  the  cause  or  causes  of  such  inability,  together  with  all 
such  other  matters  connected  therewith  as  the  Mayor  or  City 
Council  may  from  time  to  time  require,  and  shall  suspend  all 
further  proceedings  until  otherwise  directed. 

18.  The  said  Commissioners  for  Opening  Streets  and  Sewers  iwd,  s.  is, 
shall  proceed  to  close  all  their  work,  notwithstanding  they  may  when  work  to 

.  ,  ,  .   ,  be  closed. 

not  be  re-appointed,  within  six  months  from  and  after  the  ex- 
piration of  the  time  for  which  they  were  appointed  by  virtue 
of  the  first  section  of  this  ordinance. 

19.  Whenever  any  lot  or  part  of  a  lot,  or  parcel  of  ground,  iwd,  s.  i9. 
may  be  taken  for  the  purpose  of  constructing,  opening,  en-  unexpired  tertn 

1  .  ...  ,      ,  of  years  in  lot. 

iarging  or  straightening  any  sewer,  and  damages  assessed 
therefor,  and  there  shall  be  an  outstanding  unexpired  term  of 
years  therein,  the  said  commissioners  shall  discriminate  in 
their  proceedings  between  the  value  of  fee  simple  or  ground 
rent  interest  and  the  leasehold  interest. 

20.  Whenever  any  obstruction  shall  have  remained  in  the  iwd, «.  ao. 
way  of  any  sewer  so  to  be  opened,  enlarged  or  straightened,  obstructions, 
for  the  space  of  sixty  days  after  the  proceedings  of  the  said 
commissioners  shall  have  been  returned  to  the  Register  of  the 

City,  it  shall  be  the  duty  of  said  commissioners  to  cause  the 
same  to  be  removed,  and  to  draw  on  the  Register  for  the  ex- 
penses so  incurred,  which  shall  be  paid  by  him  ;  and  the  Mayor 
shall  forthwith  cause  a  suit  for  the  recovery  of  said  expenses,  suit  for  expen- 
to  be  instituted  against  the  person  or  persons  by  whose  default  ***" 
the  said  obstruction  has  been  suffered  to  remain,  and  the  same, 
when  recovered,  shall  be  paid  to  the  Register  for  the  use  of 
the  city. 

21.  In  each  case  of  constructing,  enlarging  or  straighten- ibid,  s.  21. 
ing  any  sewer,  under  the  provisions  of  this  ordinance,  the  said  perdiem  to 

.      .  1     11      P  1  1  1  .  1  .    ,       ,         commissioners 

commissioners  shall,  tor  each  and  every  day  in  which  they  and  clerks. 


876  Sewers. 

Article  XLIV. — Ordinances. 


and  their  clerk  shall  be  actually  engaged  in  the  performance 
of  their  duties,  assess  as  part  of  the  expenses  of  tlieir  proceed- 
ings, a  per  diem  as  to  each  of  said  commissioners  and  their 
clerks,  of  four  dollars,  to  be  collected  as  other  expenses  are, 
and  to  be  paid  to  the  Register  for  the  use  of  the  city. 

Ibid,  s.  22.  22.     The  Commissioners  for  Opening  Streets  and  Sewers,  so 

Papers  and        soon  as  they  sliall  have  completed  their  work  on  each  sewer, 

books  to  be  de- 

^osited  with      shall  deposit  all  papers  and  books  relating  thereto  in  the  office 
of  the  City  Register. 

Ibid,  s.  23.  23.     When  the  Mayor  and  City  Council  shall  pass  an  ordi- 

Survey  of  route  nancc  for  the  opening,  constructing,  enlarging  or  straightening 

of  sewer.  i  o.  a  i=i  i^  a 

of  any  sewer  within  the  limits  of  the  city,  the  City  Commis- 
sioner is  hereby  authorized  and  required  to  have  surveyed  the 
route  of  said  sewer,  and  to  determine  the  size  the  same  shall 
be,  and  to  take  charge  of  and  superintend  the  work  of  such 
opening,  constructing,  enlarging  or  straightening. 

Ibid,  s.  24.  24.     When  it  shall  have  been  determined  to  open,  construct, 

Advertisement  enlarge  Or  Straighten  any  sewer,  under  the  provisions  of  this 

for  proposals.  .    ^  ^  ''  '  ^ 

ordinance,  and  when  the  assessments  and  survey  aforesaid  shall 
have  been  made,  the  said  City  Commissioner  shall  advertise 
for  thirty  days  in  at  least  two  of  the  daily  newspapers  of  the 
city  for  proposals  for  the  opening,  constructing,  etc.,  of  such 
sewer,  according  to  plans  and  specifications  to  be  prepared  by 
said  City  Commissioner  ;  and  the  said  City  Commissioner  shall 
award  the  contract  for  such  opening,  constructing,  etc.,  to  the 
lowest  responsible  bidder. 

Ibid,  s.  25.  25.     Before  any  contract  shall  be  executed  under  the  pro- 

contractors  to    visious  of  the  preceding  section,  the  contractor  or  contractors 

give  bond.  i  i         /v>    . 

shall  enter  into  bonds  with  good  and  sufficient  security,  to  be 
approved  by  the  Mayor  and  Comptroller,  in  double  the  amount 
of  the  contract  price,  conditioned  for  the  faithful  and  efficient 
performance  of  the  work  contracted  for. 


Skwkbs.  877 

Article  XLIV. — Ordinances. 


26.  If  any  person  shall  wilfully  stop  or  obstruct  the  pas- no.  is,  s.  36,  r. 
sage  of  the  water  of  any  sewer,  made  or  which  may  hereafter  Penalty  for  ob- 

_  structing  sew- 

be  made,  he,  she  or  they  so  offending  shall  forfeit  and  pay  the  "»• 
sum  of  one  hundred  dollars  for  each  and  every  such  offence. 

27.  If  any  person  or  persons,  owner  or  owners,  occupier  or  iwu,  s.  37. 
occupiers,  of  any  lot  within  the  city  of  Baltimore  shall  tap  or  sewersnotto 

•^  '  •'  ''  .      '  be  tapped  or 

open,  or  cause  to  be  tapped  or  opened,  any  of  the  public  sew-  opened, 
ers  in  the  city,  without  first  obtaining  the  permission  of  the 
City  Commissioner  and  the  approval  of  the  Mayor,  said  person 
or  persons,  owner  or  owners,  occupier  or  occupiers,  shall  for- 
feit and  pay  the  sum  of  twenty  dollars  for  each  and  every  such  Penmity. 
offence;  and  it  shall  be  the  duty  of  the  City  Commissioner  Duty  of  city 

Commissioner. 

to  cause  a  notice  to  be  served  upon  such  person  or  persons, 
owner  or  owners,  occupier  or  occupiers,  directing  any  of  said 
sewers  to  be  closed  when  they  have  been  tapped  or  opened,  in 
the  manner  prescribed  by  said  notice,  and  if  such  person  or 
persons,  owner  or  owners,  occupier  or  occupiers,  shall  refuse  or 
neglect  to  comply  therewith,  he,  she  or  they,  so  refusing  or 
neglecting,  shall  forfeit  and  pay  the  further  sum  of  five  dollars 
for  each  and  every  day  he,  she  or  they  shall  continue  to  refuse 
or  neglect  to  comply  therewith,  and  shall  moreover  pay  the 
expenses  incurred  in  case  such  sewer  shall  be  closed  under  the 
direction  of  the  City  Commissioner,  which  said  commissioner 
is  hereby  authorized  to  have  done  in  case  of  such  neglect  or 
refusal. 

28.  It  shall  not  be  lawful  for  any  person  or  persons  to  con-  no.  52,  April 22, 

'64. 

struct  within   the  limits  of  direct  taxation  a  private  sewer,  private  sewers, 
under  the  streets,  lanes  or  alleys  that  are  paved,  without  hav- 
ing had  and  obtained  the  written  permission  of  the  City  Com  permission  to 

,   ,         ,        _,  1  c  construct. 

missioner,  approved  by  the  Mayor,  under  a  penalty  01  twenty  Penalty, 
dollars,  and  ten  dollars  for  each  and  every  day  the  same  shall 
remain,  and  every  application  for  such  permission  to  erect  such 
sewer  shall   be   in   writing,  signed   by  the  person  or  persons 
making  the  same,  and  shall  name  the  length  desired. 


878 


Sewers. 


Article  XLIV. — Ordinances. 


Ibid,  s.  2, 
Payment. 


Penalty. 


29.  After  obtaining  permission  to  construct  or  make  such 
sewer,  and  previous  to  tlie  commencement  thereof,  the  person 
or  persons  so  applying  shall  therewith  pay  to  the  Register  of 
the  City  the  sum  of  twenty  cents  for  each  lineal  foot  of  ground 
mentioned  as  required  for  such  sewer,  under  a  penalty  of 
twenty  dollars  for  each  and  every  commencement  of  such 
sewer  without  the  payment  of  the  sum  herein  required.* 


*  The  Canton  Company,  incorporated  by  Act  of  1828,  c.  159,  and  con- 
tinued by  Act  of  1867,  c.  91,  until  February  1,  1887,  and  thereafter  until 
repealed  at  discretion  of  the  Legislature,  was  authorized  by  Ordinance  No. 
12,  March  17,  1836,  to  construct  sewers  and  reservoirs  under  conditions 
therein  set  forth. 


Squaees,  Spuings  and  Monuments. 


879 


Article  XLV. 


ARTICLE  XLV. 


SQUARES,  SPRINGS  AND  MONUMENTS. 


ORDINANCES 


MONUMENTS. 

1.  Penalty  for  defacing  monuments. 

2.  Keeper  of   Washington  Monu- 

ment :  and  keeper  of  City 
Spring,  on  Calvert  street. 

COMMrSSIONERS     AND      KEEPEIIS    OF 
SQUARES  AND   SPKINGS. 

3.  Commissioners  to  public  squares: 

powers  and  duties. 

4.  Powers   of  Commissit)ners  of 

Squares. 

5.  Rules  for  springs  and  squares. 

6.  Statement  of  receipts  and  expen- 

ditures. 

7.  Juriodictioii    of    commissioners 

over  contiguous  pavements. 

ASHLAND   SQUARE. 

8.  Keeper:  salary. 

BAKER  CIRCLE. 

9.  Commissioner. 

BATTERY   SQUARE. 

10.  Commissioners :  their  duties. 

BROADWAY  SQUARES. 

11.  Commissioners:  duties. 
13.  Keeper:  salary. 

EASTERN  CITY  SPRING. 

13.  Commissioners:  duties. 

EUTAW   SQUARES. 

14.  Additional  commissioners. 

15.  I'reamble. 


16. 
17. 

18. 
19. 
20. 


21. 


36. 


Deed. 

Name :     iron    railing :    grading 

and  paving  of  streets. 
Houses  on  squares. 
Deeds  of  beds  of  streets. 
Closing  streets :  wid  ih  of  square : 

plat. 

FEDERAL  HILL. 

Boundaries. 


PRAKLIN   SQUARE. 

22.    Preamble :  public  square. 

28.  Deed :  terms  and  conditions :  de- 
scription :  footways :  buildings 
to  be  erected. 

24.  Provisions  for  paving. 

25.  Charge  for  paving. 
Time  limited  for  improving :  or- 
dinance may  be  repealed. 

Called  Franklin  square. 

Woodyear  alley  and  Vine  street 
closed. 

Contract. 

Terms  of  sale  of  property  sub- 
mitted to  Mayor. 

Certain  streets  closed. 

Preamble. 

Performance  of  contract. 

Deed. 

Description  of  buildings :  houses 
on  north  side  of  Lexington  st. 

HARLEM  ^UARE. 

Keeper:  compensation. 


880 


Squares,  Springs  and  Monuments. 


Article  XLV. — Ordinances. 


JACKSON   SQUAKE. 

37.  Commissioners. 

38.  Keeper. 

JOHNSTON   SQUARE. 

39.  Boundaries. 

LAFAYETTE   SQUARE. 

40.  Salary  of  keeper. 

MADISON   SQUARE. 

41.  Location  of  square. 

42.  Condemned  for  public  use. 

MOUNT  VERNON  PLACE. 

43.  Porticos,  steps,  &c.,  regulated. 

SQUARES  AROUND   WASHINGTON 
MONUMENT. 

44.  Commissioners:    powers:   rules. 


PARK  PLACE. 

45.  Commissioners. 

PERKINS'   SPRING   SQUARE. 

46.  Commissioners :  powers  and  du- 

ties. 

47.  Keeper:  salary. 

PUBLIC   WALK. 

48.  On  Oliver  street. 

PROSPECT   SQUARE. 

49.  Boundaries :  name :  railing. 

UNION   SQUARE. 

50.  Preamble. 

51.  Deed  :    conditions :    fountain ; 

streets. 

52.  Name:  fountain. 


No.  60,  R.  o. 

Penalty  for  de- 
facing monu- 
ments, 


ORDINANCES. 
MONUMENTS. 
1.  If  any  person  shall  injure  or  deface  the  Washington  or 
Battle  monuments,  their  ornamental  figures  or  sculpture,  or 
the  enclosure  or  railing  around  either  of  them,  such  person 
shall,  for  every  such  oflTence,  forfeit  and  pay  a  sum  not  exceed- 
ing twenty  dollars,  and  shall,  moreover,  be  liable  to. pay  all 
expenses  in  repairing  the  said  injury  or  injuries.* 


*  The  corner  stone  of  the  Washington  monument  was  laid  July  4,  1815, 
and  the  statue  of  Washington  placed  on  the  summit  28th  Nov.,  1829.  Wash- 
ington monument  was  erected  by  the  State,  under  the  Acts  of  1809,  c.  113 ; 
1815,  c.  102;  1816,  c  77;  1818,  c.  212;  1826,  c.  165,  and  1829,  c  165— the 
keeper  was  formerly  appointed  by  commissioners  under  the  Act  of  1809. 
The  foundation  stone  of  the  Battle  monument  was  laid  Sept.  12, 1815,  under 
Act  of  1815,  c.  102,  in  memory  of  those  who  fell  in  defence  of  the  city  the 
year  before. 

There  is  also  a  monument  on  Broadway,  erected  in  1865,  to  the  memory 
of  Thomas  Wildey,  who  founded  in  the  city  of  Baltimore,  on  April  26,  1816, 
the  first  society  of  the  Independent  Order  of  Odd  Fellows  on  this  continent. 

The  corner-stone  of  the  monument  in  Ashland  square  to  Daniel  Wells, 
aged  19  years,  and  Henry  G.  McComas,  aged  18  years,  killed  at  the  battle  of 
North  Point,  12th  September,  1814,  was  laid  in  1850 ;  there  is  also  a  monu- 
ment on  the  field  ^t  North  Point,  erected  in  1839,  to  commemorate  the  battle 
of  September  12, 1814. 


Squares,  Springs  and  Monuments.  881 

Article  XLV. — Ordinances. 

2.     There  shall  be  annually  appointed,  as  other  city  officers  no.  40,  s.  4,  Apr. 
are  appointed,  one  keeper  of  the  Washington  Monument :  and  Keeper  of 

rt^  f  r  &  5  Washington 

one  keeper  of  the  City  Spring*  on  Calvert  street,  the  latter  to  ^ee°e™of cu"^ 
receive  as  compensation  the  sum  of  three  hundred  dollars  per  vert  street.*^ 
annum. 


COMMISSIONERS  AND  KEEPERS  OF  SQUARES  AND  SPRINGS. 

3      The   Mayor  shall  have  power  to  appoint  at  his  discre- no.is,  ifar,  5, 

'66. 

tion,  and  removable  at  his  pleasure,  three  commissioners  for  commissioners 
each  of  the  public  squares  of  the  city,  unless  otherwise  here-  squares. 
in  after  specially  provided,  to  be  selected  from  among  the  re- 
sidents in  the  vicinity  of  the  respective  squares,  and  to  serve 
without  compensation.      The  said   commissioners  shall  have  Powers  and  du- 
general  supervision  of  the  squares  for  which  they  are  respec- 
tively appointed  ;  they  shall  see  that  the  keeper  attends  faith- 
fully to  his  duties ;  that  the  grounds  are  kept  in  good  condition, 
and  that  order  and  propriety  of  deportment  are  maintained 
therein ;  and  in  case  of  any  dereliction  of  duty  on  the  part  of 
the  keeper,  they  shall  report  the  same  to  the  Mayor.     All  ap- 
propriations for  the  preservation  and  adornment  of  the  squares 
under  their  charges,  shall  be  expended  under  their  direction, 
and  paid  by  the  Register  on  vouchers  verified  by  them. 

4.     The  Commissioners  of  Squares  are  authorized,  except  in  No.  40,3. 5,  Apr. 
cases  otherwise  hereinafter  specially  provided,  to  employ  suit-  powers  of  com- 

,1  iiii  <>ii.  -i,       missioners  of 

able  persons  to  take  charge  or  and   keep  m  proper  order  the  squares. 
squares  under  their  respective  control,  and  to  allow  to  such  per- 
sons such  compensation  as  in  the  judgment  of  the  commission- 
ers, with  the  approbation  of  the  Mayor,  shall  be  deemed  proper. 

*  By  Resolution  No.  123,  April  21,  '77,  the  Water  Board  was  directed  to 
make  such  improvements  and  alterations  in  the  Calvert  Street  City  Spring  as 
might  be  necessary  to  substitute  the  water  from  the  City  Water  Works,  for 
the  water  flowing  from  the  fountain  of  said  spring ;  which  was  declared  by 
Resolution  No.  85,  March  29,  1877,  unhealthy  and  unfit  for  drinking  or 
cooking  purposes. 


882  Squares,  Spkings  and  Monuments. 


Article  XLV. — Ordinances. 


Ibid,  8. 6.  5.     The  said  commissioners  are  authorized,  with  the  appro- 

Ruies  for  bation  of  the  Mayor,  to  make  rules  aud  regulations  for  the 

springs  and  n     i  •  i  i      i  j» 

squares.  protectioH  of  the  springs  and  squares,  and  the  government  oi 

the  persons  who  shall  frequent  the  same;  and  any  person 
oftending  against  such  rules  and  regulations  shall  be  liable  to 

Penalty.  a  penalty  not  exceeding  twenty  dollars  for  each  oifence. 

Ibid,  8.7.  6.      The   Commissioners   of  Squares   shall   furnish   to  the 

statement  of  re-  Mayor  twicc  in  cach  year  a  statement  in  detail  of  the  receipts 

ceipts  and  ex-  .         ,      . 

penditures.       and  cxpcnditures  in  their  respective  squares. 


No.  113, Oct.  24,      7.     The  Commissioners  of  Squares  within  the  limits  of  the 

'74.  ^ 

Jurisdiction  of  city  ftrc  authoHzed  to  extend  their  jurisdiction  over  the  pave- 

commissioners  t  i  ■  '  j  i      •  i 

over  pavements,  mouts  surrouudiug  the  rcspectivc  squares  under  their  care,  and 
to  improve  them  in  any  proper  manner  that  will  not  interfere 
with  their  proper  use  as  footways. 

ASHLAND  SQUARE. 
Ne.  107,  Oct.  24,      8.     There  shall  be  annually  appointed,  as  other  city  officers 

'74. 

Keeper.  are  appointed,  a  keeper  of  Ashland  Square,  on  Gay  street,  at 

the  intersection  of  Monument  and  Aisquith  streets,  whose  duty 
shall  be  to  keep  said  square  in  proper  order,  and  keep  the 

Salary.  Mouumeut  clcau,  and  he  shall  receive  for  such  services  an  an- 

nual salary  of  fifty  dollars. 

BAKER  CIRCLE. 

No.  126,  Nov.  5,      9.     The  Mayor  is  authorized  to  appoint  in  the  usual  man- 
commissioner.  ucr  a  citizcu  of  proper  character  and  discretion  as  a  commis- 
sioner, who  shall  have  authority  to  protect  and  care  for  the 
public  circle  at  the  intersection  of  Baker  street  and  Fulton 
avenue,  who  shall  serve  without  compensation.* 

*  By  Resolution  No.  241,  Sept.  14,  '69,  and  Ordinance  No.  108,  June  7, 
1875,  the  city  accepted  from  the  executors  of  the  late  William  Baker,  a  deed 
in  fee  of  a  circle  of  ground  at  the  intersection  of  Fulton  and  Baker  streets, 
of  two  hundred  and  forty  feet  in  diameter,  and  in  consideration  thereof  the 


Squares,  Springs  and  Monuments.  883 


Article  XLV.— Ordinances. 


BATTERY  SQUARE. 

10.  Ordinance  No.  82,  Sept.  19,  1864,  recited  that  applica- 
tion had  been  made  for  the  condemnation  of  a  piece  or  parcel 
of  ground  for  a  public  square,  bounded  on  the  north  by  Ran- 
dall street,  on  the  east  by  Covington  street,  on  the  south  by 
Heath  street,  and  on  the  west  by  Johnson  street,  and  author- 
ized and  required  the  Commissioners  for  Opening  Streets  to 
condemn  the  afore  described  piece  or  parcel  of  ground,  to  be 
used  forever  thereafter  as  a  public  square,  to  be  called  the 
Battery.  (See  sections  7  to  11,  Article  XXXVII,  pp  687- 
688,  ante,  Riverside  Park,  in  which  is  included  the  ground 
formerly  known  as  Battery  Square.)  By  Ordinance  No.  98> 
Sept,  23,  1872,  the  Mayor  was  authorized  to  appoint  Commis- 
sioners for  Battery  Square ;  who  are  now  superseded  by  the 
Park  Commissioners.     (See  sec.  10,  p.  688,  ante.) 

BROADWAY  SQUARES. 


,  June  17, 


11.  The  Mayor  shall  annually  appoint  three  suitable  per-  N;j-8o. 
sons  to  act  as  commissioners  for  the  Broadway  Squares,  whose  commissioners' 

.    duties. 

duties  shall  be  such  as  are  provided  in  sections  3  to  7  of  this 
article,  and  who  shall  serve  without  pay. 

12.  There  shall  be  annually  appointed,  as  other  city  officers  No.  33,  Apr.  3, 
are  appointed,  a  keeper  of  the  public  squares  on  Broadway,  Keeper, 
between  Belair  avenue  and  Baltimore  street,  whose  duties  shall 

be  similar  to  those  of  other  keepers  of  public  squares,  and  who  saiary. 
shall  receive  an  annual  salary  of  three  hundred  dollars. 


said  Mayor  and  Council  agreed  to  lay  out  within  said  circle  another  circle 
of  one  hundred  and  twenty  feet  in  diameter,  to  be  bounded  by  a  fifty  feet 
street,  with  a  fountain  in  the  centre. 


884  ,        Squares,  Springs  and  Monuments. 

Article  XLV. — Ordinances. 


EASTERN  CITY  SPRING. 

No.  76,  June  11,      13,     The  Mayor  shall  annually  appoint  three  commissioners 
Commissioners,  for  the  Eastem  City  Spring,  as  other  city  officers  are  appointed, 
to  be  selected  from  the  residents  in  the  vicinity  of  said  spring, 
and  who  shall  serve  without  compensation.     It  shall  be  the 
Duties.  duty  of  said   commissioners  to  supervise  the  management  of 

said  Eastern  City  Spring ;  to  see  that  the  keeper  thereof  attends 
faithfully  to  his  duties,  and  in  the  event  of  any  appropriations 
for  the  use  of  said  spring,  the  same  shall  be  expended  under 
the  direction  and  control  of  said  commissioners. 

EUTAW  SQUARES. 

Res.  94,  Mar. as,      14.     The  Mayor  is  authorized   to   appoint  two  additional 
Additional  com-  commissiouers  for  Eutaw  Square,  as  other  Commissioners  of 
Squares  are  appointed. 


missioners. 


No.  18,  Mar.  19,      15.     Ordinance  No,  18,  March  19,  1853,  cnactod  the  follow- 

'53.  '  '  ' 

Preambi*.  iug:  Whoreas,  Henry  Tiffany  has  offered  to  convey  to  the 
Mayor  and  City  Council  of  Baltimore,  for  public  squares,  and 
as  such  by  this  corporation  to  be  forever  kept,  all  that  piece  of 
ground  within  the  limits  of  the  city,  now  in  the  bed  of  Eutaw 
street,  and  extending  from  Dolphin  street  to  the  north  line  of 
said  Henry  Tiffany's  property  ;  therefore, 

Ibid,  8.1.  16.     The  Mayor  is  hereby  authorized  to  accept  from  Henry 

Deed.  Tiffany  a  deed  in  fee  of  the  square  of  ground  lying  in  the  bed 

of  Entaw  street,  and  between  Dolphin  street  and  the  north 

line  of  said  Henry  Tiffany's  property ;  said  deed  to  be  approved 

in  title  and  form  by  the  City  Counselor. 

Ibid,  s  2.  17.     The  said  square  shall  be  called  Eutaw  Square,  and  the 

Name.  said  piccc  of  grouud  shall  be  forever  kept  as  public  squares  ; 

and  as  soon  as  said  deed  shall  have  been  executed  and  delivered, 

the  Mayor  is  authorized  and  required  to  cause  a  suitable  iron 


Squares,  Springs  and  Monuments.  885 

Article  XLV. — Ordinances. 

railing,  of  the  height  of  not  less  than  six  feet,  resting  upon  a  ironraiiiag. 
dressed  granite  base,  to  be  erected  around  said  squares;  pro- 
vided, that  all  the  necessary  grading  and  paving  of  the  streets  Grading  and 
around  said  squares,  and  the  necessary  grading  of  said  squares,  streeca. 
shall  be  made  at  the  sole  cost  of  the  owners  of  the  ground 
binding  upon  said  squares,  and  under  the  supervision  of  the 
City  Commissioner. 

18.  The  iron  railing*  to  be  erected  around  said  squares  asibid.s.  3. 
hereinbefore  provided,  shall  not  be  so  erected  until  said  Henry  Houses  on 

m*  /vY  •  squares, 

Tiiiany  shall  cause  to  be  built  upon  each  side  of  the  square 
not  less  than  seven  houses  of  not  less  than  twenty-five  feet 
front  and  three  stories  high  ;  and  as  soon  as  said  Dfimber  of 
houses  are  erected  on  either  square,  the  Mayor  is  hereby  au- 
thorized and  required  to  have  erected  around  said  square  or 
squares,  on  which  are  built  and  completed  the  required  num- 
ber of  houses,  a  suitable  iron  railing,  as  provided  in  sec- 
tion 17. 

19.  The  said  Henry  Tiffany  shall  give  to  the  Mayor  and  niid,  s.  4. 
City  Council  a  good  and  sufficient  deed   of  all  the  beds  of  the  Deed  of  beds  of 
streets,  alleys  and  squares,  frotn  Townsend  street  north  to  the 

line  of  his  property,  on  the  same  terms  as  are  provided  for  in 
the  preceding  section  ;  and  should  the  streets,  alleys  and 
squares  north  of  said  TiflTany's  property  fail  to  be  opened  in 
eighteen  months  from  March  1,  1853,  then  the  said  deed  shall 
be  null  and  void,  so  far  as  it  refers  to  the  property  north  of 
Townsend  street. 


*  By  Ordinance  No.  35,  July  8, 1856,  an  iron  railing  was  authorized  to.  be 
erected  around  Eutaw  Square,  similar  to  the  railing  arouml  Mount  Vernon 
Place,  under  the  supervision  of  the  City  Commissioner. 

Resolution  No.  133,  May  10, 1870,  provided  for  erecting  the  iron  railings, 
&c.,  around  two  squares  on  Eutaw  Place. 

All  the  railings  were  removed  under  Resolutions  No.  28,  June  8, 1876, 
and  Resolution  No.  95,  March  25,  '78. 


886  Squares,  Springs  and  Monuments. 

Article  XLV. — Ordinances. 

Ibid,  8. 6.  20.     Ordinance  No.  76,  July  15,  1853,  enacted  the  follow- 

ciosing  streets,  ing ;  The  Commissioners  for  Opening  Streets  are  hereby 
authorized  and  required  to  close  Gibson  (now  Eutaw)  street, 
and  Morris  and  Jordan  alleys,  as  laid  down  upon  the  plat 
of  the  city  as  returned  by  the  extension  commissioners  under 
the  Act  of  Assembly  of  December  session,  1817,  from  the 
north  side  of  Henry  Tiffany's  property  to  Laurens  street, 
and  to  condemn  and  open  and  continue  said  Gibson  (now 
Eutaw)  street,  and  said  Morris  and  Jordan  alleys,  from  the 
north  line  of  said  Henry  Tiffany's  property  to  Laurens 
street,  agreeably  to  a  plat  filed  in  the  Register's  office  ;  pro- 
vided, that  before  said  commissioners  proceed  to  exercise  the 
duties  required  of  them  by  this  ordinance,  the  said  applicants, 
or  some  of  them,  shall  execute  and  deliver,  or  cause  to  be 
executed  and  delivered,  clear  of  expense,  to  the  Mayor  and 
City  Council  of  Baltimore,  a  good  and  sufficient  deed,  in  fee 
simple,  for  a  strip  or  parcel  of  ground  extending  from  the 
north  line  of  said  Henry  Tiffany's  property  to  Laurens  street, 
Width  of  Eutaw  as  aforcsaid,  of  the  width  of  about  sixty  nine  feet  in  the 

Square.  .         .  - 

centre  of  said  contemplated  opening  in  Eutaw  street,  agree- 
Piat  ably  to  said  plat  so  filed  in  the  Register's  office — to  be  kept 

open  forever  hereafter  as  public  squares,  to  be  called  Eutaw 
Square.* 

FEDERAL  HILL. 

No.  162, Oct. 25,      21.     Ordinance  No.  152,  October  25,   1875,  enacted  the 

'75.  .     .  ,  '         . 

Boundaries.      following:      The  Commissioners   for    Opening    Streets  are 

authorized  and  directed  to  condemn  the  vacant  ground  lying 

between  Johnson,  Hughes,  Covington  and  Warren  streets, 

known  as  Federal  Hill,  and  the  Observatory  buildings  located 

thereon,  for  the  purpose  of  a  public  square  or  park.f 

*  Eutaw  Place  or  Square  was  extended  from  Laurens  street  to  North  ave- 
nue under  Ordinance  No.  90,  May  23, 1876. 

t  The  Act  of  1878,  c.  143,  repeals  the  Act  of  1876,  c.  30,  and  provides  that 
all  acts  done,  or  proceedings  had  or  begun  before  its  passage,  for  the  con- 


Squares,  Spbinos  and  Monuments.  887 

Article  XLV. — Ordinances. 


FRANKLIN  SQUARE. 

22.  Ordinance  No.  47,  April  23, 1839,  enacted  the  follow-  No  47,  Apr.  23, 
ing  :     Whereas,  in  consideration  of  the  sum  often  thousand  Preamble, 
dollars,  payable  in  account  of  paving  as  hereinafter  specified, 

and  subject  to  the  terms  and  conditions  hereinafter  mentioned, 

James  Canby  and  Samuel  Canby  have  offered  to  convey  to 

the  Mayor  and  City  Council  of  Baltimore  for  a  public  square,  puwic  »quar«. 

and  as  such  by  this  corporation  to  be  laid  out,  embellished, 

and  forever  kept,  all  that  piece  of  ground  within  the  limits  of 

the  city  of  Baltimore,  bounded  by  Fayette  and  Lexington, 

and  Carey  and  Calhoun  streets  ;  and  whereas,  said  offer  has 

been  accepted  by  this  corporation  ;  therefore, 

23.  This  corporation  hereby,  in  consideration  that  said  ibu.s.  1. 
James  Canby  and  Samuel  Canby  shall  convey  to  said  corpor-  Deed, 
ation  the  piece  of  ground  aforesaid  for  the  intent  and  uses 
aforesaid,  binds  itself  to  said  James  and  Samuel  to  satisfy 

and  allow  to  said  James  and  Samuel,  their  heirs  or  assigns, 
in  paving  and  work  as  hereinafter  particularized,  the  sum  of 
ten  thousand  dollars  ;  subject,  however,  to  the  terms  and 
conditions  following,  that  is  to  say  :* 

damnation  of  land  or  ground  for  a  public  square  or  park,  under  any  ordi- 
nance of  the  Mayor  and  City  Council  of  Baltimore,  authorized  by  the  law 
in  force  before  the  passage  of  the  Act  of  1876,  c.  20,  are  saved  and 
excepted  from  the  effect  of  said  act,  and  hereby  declared  valid ;  and  especially 
the  acts  done  and  proceedings  had  and  begun  by  the  Commissioners  for 
Opening  Streets  under  the  above  ordinance ;  and  the  said  Mayor  and  City 
Council  are  empowered  and  directed  forthwith  to  proceed  to  acquire  by  con 
demnation  any  land  or  ground  for  a  public  square  or  park,  in  all  cases  where 
in  proceedings  that  were  had  or  begun  before  the  passage  of  this  present  act, 
and  especially  proceedings  had  and  begun  under  the  ordinance  mentioned 
and  to  conduct  all  such  proceedings  to  final  completion  as  if  the  Act  of  1876 
c.  20,  had  never  been  enacted. 

*  So  much  of  sec.  23  hereof  as  bound  the  corporation  to  satisfy  and  allow 
to  said  James  and  Samuel  Canby,  their  heirs  or  assigns,  in  paving  and  work 
as  thereinafter  particularized,  the  sum  of  ten  thousand  dollars,  and  also  the 


888  Squares,  Springs  and  Monuments. 

Article  XLV. — Ordinances. 
Terms  and  con-      1st.  The  Said  James  and  Samuel,  their  heirs  or  assigns, 

ditiou.  , 

shall^  by  a  good  and  effectual  deed,  to  be  approved  as  to  the 
title  and  form  by  the  Counselor  of  the  City,  convey  to  this 
corporation,  for  the  sole  intent  and  purpose,  and  on  the  trust 
that  the  same  be  forever  kept  and  improved  and  embellished 
as  a  public  square,  the  piece  of  ground  aforesaid,  including 
the  portion  of  Vine  street  and  the  portion  of  Woodyear  alley 
projected  and  running  through  said  piece  of  ground ;  the 
said  James  and  Samuel,  their  heirs  or  assigns,  in  said  deed 
directing  and  assenting  that  said  portions  of  Vine  street  and 
Woodyear  alley  shall -be  forever  closed. 

Description.  2d,  To  the  cud  that  Lexington  street,  so  far  as  it  bounds 

the  square  aforesaid,  Fayette  street  in  its  whole  length  from 
Gilmor  street  to  Kepublican  street,  [now  Carrollton  avenue,] 
Carey  street  from  Lexington  street  to  Baltimore  street,  and 
Calhoun  street  from  Lexington  street  to  Baltimore  street,  shall 
be  severally  widened  fourteen  feet ;  the  deed  aforesaid  shall 
convey,  cede  and  assure  to  the  corporation,  for  the  streets  and 
highways  as  aforesaid  respectively,  and  so  to  be  forever  used, 
seven  feet  in  width  of  the  ground  along  and  bounding  the  north 
side  and  the  southern  side  of  Lexington  street,  between  Carey 
street  and  Calhoun  street,  seven  feet  in  width  of  the  ground 
along  and  bounding  the  northern  side  of  Fayette  street,  be- 
tween Gilmor  street  and  Republican  street,  and  like  seven 
feet  in  width  of  the  same  length  of  Fayette  street  of  the 
ground  bounded  by  the  southern  side  of  Fayette  street,  seven 
feet  in  width  of  the  ground  along  and  bounded  by  the  eastern 
side,  and  the  same  width  of  ground  along  and  bounded  by 
the  western  side  of  Carey  street,  for  the  distance  between 
Lexington  street  and  Baltimore  street,  and  seven  feet  in  width 


24tli,  25th,  26th  and  30th  sections  hereof  were  repealed  by  Ordinance  No.  32, 
April  13,  '44 ;  said  repeal,  however,  not  to  affect  any  other  part  of  the  Ordi- 
nance No.  47,  April  23,  1839,  which  are  declared  to  he  in  force. 


Squares,  Springs  and  Monuments.  889 

Article  XLV. — Ordinances. 

of  the  ground  along  and  bounded  by  the  eastern  side  of  Cal- 
houn street,  and  the  same  width  of  the  ground  along  and 
bounded  by  the  western  side  of  Calhoun  street,  for  the  dis- 
tance between  Lexington  street  and  Baltimore  street. 

3d.  That  the  said  additions  to  said  streets  respectively,  of  Footways, 
saicf  pieces  of  ground  of  seven  feet  in  width,  shall  be  forever 
kept  as  foot  pavements  of  said  streets  respectively,  and  shall 
be  so  conveyed  by  said  deed ;  and  that  by  said  deed  the  said 
streets  shall  be  ceded  to  this  corporation,  for  the  streets  and 
highways  respectively. 

4th.  That  the  buildings  to  be  erected  on  the  eastern  side  Buiwings  to  be 
of  Carey  street,  and  on  the  western  side  of  Calhoun  street, 
between  Lexington  street  and  Fayette  street  respectively, 
and  on  the  northern  side  of  Lexington  street,  between  Carey 
street  and  Calhoun  street,  and  on  the  southern  side  of  Fay- 
ette street,  between  Carey  street  and  Calhoun  street,  shall  be 
erected  on  a  line  distant  from  those  streets  respectively  not 
less  than  fifteen  feet. 

24.     So  soon  as  by  the  terms  of  any  sale  or  sales,  lease,  ibid,  §.8, 
leases,  or  contract  or  contracts  of  lease,  and  other  circum-  provision  for     , 
stances,  that  the  Mayor  shall  be  satisfied  that  the  erection  is  '**^"'^' 
insured  of  at  least  four  dwelling  houses  of  brick,  each  of  at 
least  twenty-four  feet  front  and  three  stories  high,  on  each  of 
the  pieces  of  ground  of  said  James  Canby  and  Samuel  Canby, 
opposite  to  each  side  of  the  square  aforesaid,  and  fronting  on 
Fayette,  Carey,  Lexington  and  Calhoun  streets  respectively, 
the  said  Mayor  shall  cause  to  be  forthwith  graduated  and 
paved  the  portion  of  streets  bounding  each  side  of  the  said 
square,  one-half  the  cost  thereof  to  be  at  the  expense  of  the 
said  James  and  Samuel  Canby,  their  heirs  or  assigns,  and  to 
be  deducted  from  the  purchase  money  aforesaid ;  and  also 
Lexington  and  Fayette  streets,  from  Republican   to  Carey 
streets,  should  the  amount  of  purchase  money  not  be  ex- 


890  Squares,  Spring?  and  Monuments. 

Article  XLV. — Ordinances. 

pended  by  the  aforesaid  grading  and  paving,  and  immediately 
after  sncli  grading  shall  have  been  made,  cause  to  be  gradu- 
ated and  paved,  such  other  streets  on  the  property  of  the  said 
James  and  Samuel  Canby,  lying  between  Gilmor  and  Repub- 
lican streets,  as  will  amount  to  the  balance,  if  any,  of  the 
consideration  to  be  given  for  the  public  square. 
ibia,8. 4.  25.     So  far  as  the  charge  of  said  graduation  and  paving 

charg'e  for  pav-  shall  cxtcud  aud  be  claimable  of  said  James  and  Samuel 

ing- 

Canby,  their   heirs  or  assigns,  as  owners  of  ground  which 
might  be  chargeable  therewith,  the  same  shall  be  allowed  to 
said  James  and  Samuel,  their  heirs  and  assigns,  in  account  of 
the  purchase  money  aforesaid,  of  ten  thousand  dollars, 
ibiu.s  5  26.     If  within  two  years  from  the  date  of  this   ordinance 

Time  limited  for  there  sliall  uot  havo  been  erected  on  the  grounds  bounding 

improving.  ,  -    -i  t        /» 

said  square,  at  least  sixteen  dwelling  houses  of  brick,  each  or 

at  least  twenty-four  feet  front  and  three  stories  high,  then 

this  ordinance  may,  at  any  time  within  six  months  from  tlie 

Ordinance  may  cxpiration  of  Said  two  ycars,  be  by  this  corporation  declared 

be  repealed. 

and  ordered  to  be  null  and  void,  and  thereupon  shall  so  be- 
come ;  and  then  and  in  that  event,  any  graduation  and  pav- 
ing as  aforesaid  that  shall  have  been  made  shall  be  paid  and 
be  enforced  as  charges  generally  for  paving  maybe  enforced  ; 
and  the  deed  aforsaid  of  said  James  Canby  and  Samuel  Can- 
by  shall  have  reference  to  the  provisions  of  this  section,  so  as 
to  declare  the  resulting  liability  aforesaid  for  such  paving  ; 
and  on  this  ordinance  "being  annulled  as  aforesaid,  this  cor- 
poration shall  re-convey  and  re-lease  to  said  James  and  Sam- 
uel, their  heirs  or  assigns,  the  ground  aforesaid  that  shall 
have  been  conveyed  by  them  to  the  corporation,  exce])ting 
only  the  pieces  of  ground  of  seven  feet  in  width  to  be  ceded 
as  aforesaid,  and  which  it  is  hereby  declared  shall  in  any 
event  forever  remain  parts  of  the  streets  respectively  afore- 
said, which  they  shall  be  meant  to  widen  ;  the  annulling  of 
this  ordinance  in  other  respects  nowithstanding. 


Squares,  Springs  and  Monuments.  891 

Article  XLV. — Ordinances, 

I . . — - — ■ ■ — ■ 

27.  The  said  square  shall  be  called  Franklin  Square,  and  iwa,  s.  e. 
said  piece  of  ground  shall  be  forever  kept  as  a  public  square ;  To  be  caued 
and  as  such  be  always  kept  by  this  corporation  in  good  order,  square. 
and  suitably  improved  and  embellished,  and  the  Mayor  is 
authorized  to  have  the  ground  of  said  square  properly  levelled 

and  graduated,  in  reference  to  the  streets  leading  thereto,  ac- 
cording to  their  grades  as  now  established,  or  as  he  may  have 
the  same  established,  as  he  is  hereby  authorized  to  do. 

28.  Fo  soon  as  said  deed  from  said  James  and  Samuel  ibid,  s.  7. 
Canby  shall  have  been  executed  and  delivered,  the  portions  woodyear aiuy 

and  Vine  street 

aforesaid  of  Vine   street   and  Woodyear   alley,   extending  closed, 
through  the  ground  of  said  square,  shall  be  and  remain  for- 
ever closed,  and  never  liable  to  be  opened  as  parts  of  said 
street  and  alley  respectively. 

29.  The  deed  to  be  executed  as  aforesaid  shall  have  refer-  ibid,  s.  s. 
ence  to  each  and  every  provision  of  this  ordinance,  in  general  contract, 
terms  or  specially,  so  that  each  provision  hereof  shall  appear 

to  be  adopted  as  part  of  the  contract  between  the  corporation 
and  said  James  and  Samuel  Canby,  for  and  in  re8})ect  of  the 
acquisition  and  convenience  of  said  ground  as  a  public  square 
aforesaid. 

.30.  If  at  any  time  hereafter,  on  the  application  of  said  ibid,  a.  9. 
James  and  Samuel  Canby,  or  either  of  them,  or  the  heirs  or  Terms  of  sale 

J-     1  '    /•     1  ■      1         •»«•  1        •      •  "'  property  to 

assigns  01  them,  or  any  01  them,  to  the  Mayor,  gnbmitting  h«  submitted  to 
fur  his  consideration  any  sale  or  sales,  lease  or  leases,  or  con- 
tract or  contracts  therefor,  within  the  terms  and  for  the  pur- 
poses of  section  24  of  this  ordinance,  the  Mayor  shall  certify 
to  the  parties  so  submitting  his  being  satisfied,  as  provided 
by  said  section  24,  in  reference  to  the  object  there  mentioned  ; 
and  il  within  six  months  after  such  favorable  certificate  of 
the  Mayor,  the  acts  required  of  this  corporation  by  section 
27  shall  not  have  been  performed  by  said  corporation,  then 
this  ordinance  shall  be  null  and  void,  and  likewise  the  deed 


892  Squares,  Springs  and  Monuments. 


Article  XLV. — Ordinances. 


to  be  executed  as  aforesaid  by  said  James  and  Samuel  Canby^ 
and  the  ground  thereby  conveyed  to  the  corporation  shall  by 
it  be  re-conveyed  and  returned  to  said  James  and  Samuel, 
their  heirs  and  assigns  ;  and  the  said  James  and  Samuel, 
their  executors,  administrators  and  assigns,  shall  then  be 
bound  to  repay  to  said  corporation  all  sums  of  money  that 
shall  have  been  expended  by  it,  or  for  which  it  shall  have  be- 
come liable,  in  relation  to  said  square,  under  section  27. 

Ibid,  s.  io.  31 .    Woodyear  alley,  from  Fayette  street  to  Park  land,  and 

Certain  streets  ft'om  Lcxiugtou  strcct  uortli  to  tlic  outUne  of  the  land  of 
James  and  Samuel  Canby,  and  Vine  street,  from  Carey  street 
to  Stockton  alley,  and  from  Calhoun  street  to  Norris  alley, 
shall  be  and  forever  remain  closed,  so  as  to  allow  a  uniform 
and  unbroken  front  opposite  each  front  of  the  public  square. 

No.  32,  Apr.  13,  32.  Ordinance  No.  32,  April  13,  1844,  enacted  the  follow- 
Preambie.  ing  :  Whcrcas,  Franklin  Square  has  been  laid  out  under  the 
provisions  of  the  ordinance  to  which  this  is  a  supplement ; 
and  whereas,  from  lapse  of  time  and  other  causes  it  has  be- 
come impracticable  fully  to  carry  out  the  provisions  of  the 
original  ordinance,  and  it  has  therefore  been  agreed  by  and 
between  James  and  Samuel  Canby  on  the  one  part,  and  the 
Mayor  and  City  Council  of  Baltimore  on  the  other,  to  sub- 
stitute the  terms  and  conditions  hereinafter  set  forth  for  those 
in  the  said  original  ordinance,  so  far  as  the  same  are  incon- 
sistent with  or  supplied  by  the  provisions  of  this  supplement. 

Ibid,  s.  1.  33.     As  soon  as  the  Mayor  of  the  City  of  Baltimore  shall 

Performance  of  be  Satisfied  that  James  and  Samuel  Canby  have  at  their  own 
expense  well  and  sufficiently  paved  the  whole  of  the  streets 
left  open  around  Franklin  Square,  including  the  corners 
thereof,  and  that  four  three-story  houses  of  brick,  not  less 
than  twenty-three  feet  front  and  forty  feet  deep,  have  been 
erected  either  on  Lexington  or  Fayette  streets,  between  Re- 
publican street  and  Franklin  Square,  or  on  Calhoun  or  Carey 


Squares,  Springs  and  Monuments.  893 

Article  XLV. — Ordinances. 

streets,  between  Baltimore  street  and  Franklin  Square  ;  and 
the  said  James  and  Samuel  Can  by  shall  have  executed  and 
delivered  to  the  Mayor  the  deed  hereinafter  provided  for,  it 
shall  and  may  be  lawful  for  the  said  Mayor  to  direct  the 
Register  of  the  City  to  pay  over  to  the  said  James  and  Samuel 
Canby  the  sum  of  two  thousand  five  hundred  dollars,  out  of 
any  money  in  the  treasury  not  otherwise  appropriated  ;  and 
as  soon  as  four  other  similar  houses,  making  in  all  eight, 
shall  have  been  in  like  manner  erected  on  any  of  the  said 
parts  of  either  of  the  said' streets,  it  shall  and  may  be  lawful 
for  the  Mayor  to  direct  the  Register  of  the  City  to  pay  over 
to  the  said  James  and  Samuel  Canby  another  sum  of  two 
thousand  five  hundred  dollars,  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated  ;  and  as  soon  as  four  other 
similar  houses,  making  in  all  twelve,  shall  have  been  in  like 
manner  erected  on  any  of  the  said  parts  of  either  of  the  said 
streets,  it  shall  and  may  be  lawful  for  the  Mayor  to  direct 
the  Register  of  the  City  to  pay  over  to  the  said  James  and 
Samuel  Canby  a  third  sum  of  two  thousand  five  hundred 
dollars,  out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated ;  and  as  soon  as  four  other  similar  houses,  making 
in  all  sixteen,  shall  have  heen  in  like  manner  erected  on  any 
of  the  said  parts  of  either  of  the  said  streets,  it  shall  and 
may  be  lawful  for  the  said  Mayor  to  direct  the  Register  to 
pay  ovet  to  the  said  James  and  Samuel  Canby  a  fourth  sum 
of  two  thousand  five  hundred  dollars— making  in  all  the 
gross  sum  of  ten  thousand  dollars ;  and  it  shall  be  the  duty 
of  the  Register,  whenever  directed  by  the  Mayor  so  to  do,  to 
pay  over  to  the  said  James  and  Samuel  Canby  the  said  several 
sums  of  money. 

34.     Before  any  part  of  said  sums  of  money  shall  be  paid  ibid, ».  2. 
to  the  said  James  and   Samuel  Canby,  they  shall   execute,  Deed, 
acknowledge  and  deliver  a  deed  to  the  Mayor  and  City  Coun- 
cil of  Baltimore,  in  a  form  to  be  approved  by  the  Counselor  of 


894 


Squares,  Springs  and  Monuments. 


Article  XLV. — Ordinances. 


the  City  of  Baltimore,  whereby  they  shall  convey  Franklin 
Square  aforesaid  to  the  Mayor  and  City  Council  of  Baltimore, 
by  a  good  and  sufficient  title  in  fee  simple,  freed  from  all  in- 
cumbrances, and  also  to  the  ten  thousand  dollars  in  paving, 
stipulated  for  in  the  ordinance  to  which  this  is  a  supplement, 
and  to  all  claims  of  expenses  or  damages  for  opening  the 
streets  bounding  or  leading  to  the  said  square  on  which  houses 
are  to  be  erected  according  to  the  provisions  of  this  supple- 
ment, or  for  paving  in  front  of  the  said  square,  and  shall 
signify  their  full  assent  and  consent  to  this  supplement,  and 
every  provision  therein  contained,  and  to  the  ordinance  to 
which  this  is  a  supplement,  except  so  far  as  it  is  repealed  or 
modified  by  this  supplement. 

Ibid,  s.  3;  No.       35.     No  house  of  a  less  front  than  twenty  four  feet,  and 

29,  June  7,  '69.  •        l,  •    u 

Description  of  depth  uot  less  than  forty  feet,  or  less  than  three  stories  high, 
shall  ever  be  erected  in  any  of  the  streets  binding  Franklin 
Square,  opposite  to  any  of  the  four  sides  of  said  square ;  pro- 
vided, that  the  said  provision  shall  not  apply  to  the  north  side 
of  Lexington  street  opposite  said  square.  No  house  shall  be 
erected  on  the  said  north  side  of  Lexington  street,  opposite 
Franklin  square,  with  a  front  of  less  than  twenty-one  feet  six 
inches,  or  depth  of  less  than  forty  feet,  or  less  than  three  stories 
high.* 


Houses  on 
north  side  of 
Lexington 
street. 


*  Ordinance  No.  17,  April  18,  1861,  recited  that  the  front  of  ground  lying 
on  the  north  side  of  Lexington  street,  between  Carey  street  and  Calhoun 
street,  opposite  to  Franklin  Square,  is  334  feet,  which,  if  improved  with 
houses  of  24  feet  front,  would  leave  a  vacant  lot  of  22  feet,  which  could  not 
be  improved  under  the  provisions  of  the  ordinance  to  which  this  is  a  supple- 
ment ;  therefore  it  enacted  that  the  owners  of  the  ground  on  the  north  side 
of  Lexington  street,  between  Carey  and  Calhoun  streets,  are  hereby  per- 
mitted to  improve  the  said  ground  with  houses  of  a  front  not  less  than  28 
feet  10  inches  each  ;  provided,  that  before  making  the  said  improvement, 
the  written  consent  thereto  shall  be  given  by  James  Oanby  and  Samuel 
Canby,  their  heirs  and  assigns,  and  of  all  persons  claiming  under  them,  or 
either  of  them,  and  that  said  written  consent  shall  be  approved  by  the  City 
Counselor,  and  filed  with  the  Register  of  the  City,  the  consent  hereby 


Squares,  Springs  and  Monuments.  .    895 

Article  XLV.— Ordinances. 


HARLEM  SQUARE* 

36.     There  shall  be  annually  appointed,  as  other  city  oflBcers  No.  es,  May  so, 
are  appointed,  a  keeper  for  Harlem  Square,  who  shall  possess  Keeper, 
some  knowledge  of  gardening.      The   compensation   of   the 
keeper  of  said  square  shall  be  three  hundred  and  fifty  dollars  compeMation. 
per  annum,  payable  monthly. 

given  being  so  given  only  to  the  extent  the  Mayor  and  City  Council  may 
lawfully  give  without  interfering  with  their  rights  in  Franklin  Square. 

The  railways  around  Franklin  Square  were  removed  under  Resolutions 
No.  360,  Oct.  3, 1874,  and  No.  22,  Jan.  2, 1875,  and  No.  387,  June  30, 1875. 

*  By  Ordinance  No.  21,  March  4, 1876,  the  name  Harlem  Square  was 
changed  to  Harlem  Park. 

By  Ordinance  No.  9,  Feb.  29, 1868,  the  Mayor  was  authorized  to  accept 
from  the  estate  of  the  late  Dr.  Thomas  Edmondson,  a  deed  in  fee  of  a  square 
of  ground  in  the  city  of  Baltimore,  bounded  on  the  west  by  Gilmor  street, 
on  the  east  by  Calhoun  street,  on  tlie  south  by  Thompson  street,  and  on  the 
north  by  Adams  street,  the  location  of  Adams  street  being  changed  as  here- 
inafter provided,  between  Gilmor  and  Carey  streets ;  and  when  the  square 
should  be  accepted  as  aforesaid,  it  shall  b*  and  is  hereby  declared  to  be  a 
public  square  forever,  to  be  known  as  Harlem  Square,  and  as  such  subject 
to  the  ordinances  and  regulations  of  the  iSIayor  and  City  Council  of  Balti- 
more. 

In  order  that  the  above  mentioned  square  may  be  properly  proportioned, 
tmd  made  capable  of  the  most  judicious  improvement,  the  location  of  Adams 
street,  as  the  same  is  laid  down  in  Poppleton's  plat  of  the  city  of  Baltimore, 
is  hereby  changed  through  the  property  belonging  to  the  estate  of  the  late 
Dr.  Thomas  Edmondson,  between  Gilmor  street  and  Carey  street,  so  that 
the  south  line  of  Adams  street  shall  be  four  hundred  and  fifty  feet  nine 
inches  from  the  northern  side  of  Thompson  street. 

In  order  that  the  area  included  within  the  boundaries  of  the  said  square 
may  be  preserved  entire  in  the  most  advantageous  manner  for  the  use  of 
the  public,  Strieker  street,  between  Thompson  street  and  Adams  street,  ac- 
cording to  the  changed  location  of  the  later,  is  hereby  declared  to  be  closed, 
so  that  the  bed  thereof  may  be  included  within  the  square  aforesaid. 

And  by  Ordinance  No.  20,  April  4,  1868,  the  Mayor  was  authorized  to  ac- 
cept from  the  estate  of  the  late  Dr.  Thomas  Edmondson,  a  deed  in  fee  of  the 
beds  of  the  following  streets,  lying  within  the  limits  of  the  property  owned 
by  the  said  estate  within  the  limits  of  said  city,  that  is  to  say  :  Thonipson 
street,  from  Dorsey's  lane  to  the  eastern  boundary  of  said  Edmoudson's 


896  Squares,  Springs  and  Monuments. 

Article  XLV. — Ordinances. 


JACKSON  SQUARE. 
No.  109,  June  9,      37.     The  Major  is  authorized  to  appoint  iu  the  usual  man- 
commissioners,  ner,  three  citizens,  of  proper  character  and  discretion,  as  Com- 
missioners  for  Jackson  Square,  who  shall  have  authority  to 
protect  and  care  for  said  Jackson  Square,  and  who  shall  serve 
without  compensation. 
No.  96,  May  20,      38,     There    shall  be   annually    appointed,    as    other    city 
Keeper.  officcrs  are  appointed,  a  keeper  of  Jackson  Square,  bounded 

by  Jackson  Square  avenue  and  Fayette  street  and  east  Broad- 
way, whose  duty  it  shall  be  to  keep   said   square  iu  proper 
order,  and  he  shall  receive  for  such  services  an  annual  salary 
Salary.  of  three  hundred  and  fifty  dollars. 

JOHNSTON  SQUARE.* 
No. 38, Mays,       39.     By  Ordinance  No.  38,  May  3,  1878,  the  Comptroller  is 
Boundaries.       directed  and  empowered  to  purchase  the  lot  of  ground  bounded 
by  McKim,  Valley,  Biddle  and  Chase  streets,  to  be  used  as  a 
public  square.  « 

LAFAYETTE  SQUARE. 

No.  78,  May  19,      40.     The  Salary  of  the  keeper  of  Lafayette  Square  is  hereby 
Salary.  fixcd  at  the  sum  of  three  hundred  and  fifty  dollars  per  annum. f 

property,  near  Carey  street;  Adams  street,  from  Dorsey's  lane  and  accord- 
ing to  its  clianged  location  to  said  last  named  boundary ;  Lanvalc  street, 
from  Dorsey's  lane  to  said  last  named  boundary  ;  Carey  street,  from  Frank- 
lin street  to  the  northern  boundary  of  said  Edmondson's  property,  between 
Lanvale  and  Townsend  streets ;  Calhoun  street,  between  the  limits  last  afore- 
said ;  Strieker  street,  between  Franklin  and  Thompson  streets,  and  between 
Adams  street,  according  to  its  changed  location,  and  the  northern  boundary 
of  the  Edmondson  property  aforesaid  ;  and  Mount  street,  between  the  land 
belonging  to  the  heirs  of  the  late  John  I.  Donaldson  and  the  last  named 
northern  boundary ;  and  also  all  the  beds  of  all  the  alleys  laid  down  within 
the  limits  of  the  Edmondson  property  aforesaid,  upon  a  map  thereof,  tiled 
with  the  Register  of  the  City. 

*  Called  Johnston  Square  by  Ordinance  No.  77,  June  38,  1878. 

t  By  Ordinance  No.  34,  April  28, 1857,  the  Commissioners  of  Finance  were 
duly  authorized  to  purchase  from  Aaron  Hoffman  and  others,  the  square  of 


Squares,  Springs  and  Monuments.  897 

Article  XLV. — Ordinances. 


MADISON  SQUARE. 

41.  By  Ordinance  No.  27,  April  6, 1853,  the  CominiBsioners  No.  vr,  s.  i, 

''  >        r  5  J  Apr.  6, '53. 

of  Finance  were  duly  autiiorized  to  purchase  from  Archibald  Location  of 

square. 

Stirling  the  square  of  ground  bounded  by  Chase,  Caroline, 
Eager  and  Eden  streets,  for  the  sum  of  thirty  thousand  dol- 
lars. 

42.  The  square  of  ground  in  section  41  hereof  directed  to  ibid.s.  s. 

be  purchased,  is  from  this  time  forth  and  ever  afterwards  here-  condemned  for 
by  condemned  and  appropriated  for  a  public  square. 


MOUNT  VERNON  PLACE. 

43.     It  shall  not  be  lawful  for  any  person  to  erect  or  set  up  no.59,  r.o. 
any  portico,  steps,  or  any  other  ornamental  structure  whatever.  Porticoes. steps, 
on  Mount  Vernon  Place,  a  greater  distance  into  the  place  than    °''  '^^"  *  ^  ' 
nine  feet,  measuring  from  the  building  line  thereof.* 


ground  bounded  by  Townsend,  Lanvale,  Republican  [now  Carrol  Iton  ave- 
nue.] and  Oregon  streets,  for  a  public  square,  called  Lafayette  Square. 

The  Commissioners  of  Finance  were  directed  by  said  ordinance  to  accept 
said  square  of  ground,  with  the  agreement  to  expend  fifteen  thousand  dollars, 
or  so  much  thereof  as  might  be  necessary,  to  grade  the  square,  and  grade  and 
pave  all  the  streets  which  bind  on  said  square,  and  also  the  streets  adjacent 
to  the  square;  the  grading  and  paving  to  be  done  under  the  super- 
vision of  the  City  Commissioner. 

The  square  of  ground  described  in  the  first  section  hereof,  and  directed 
to  be  purchased,  is  from  and  ever  after  the  approval  of  this  ordinance  con- 
demned and  appropriated  for  a  public  square. 

When  there  should  be  six  houses  of  not  less  than  twenty  feet  front  each, 
built  on  that  part  of  each  of  the  streets  fronting  on  Lafayette  Square,  then 
the  Mayor  was  authorized  to  have  said  Lafayette  Square  railed  in 
with  a  good  and  substantial  fence,  and  also  to  have  the  necessary  grading 
done. 

The  iron  railings  around  Lafayette  Square  were  removed  under  Resolution 
No.  256,  May  8,  1873. 

*  The  above  ordinance  recited  the  Act  of  1833,  c.  180,  which  provided : 
that  the  Mayor  and  City  Council  of  Baltimore  are  hereby  empowered  to 


898  Squares,  Springs  and  Monuments. 

Article  XLV. — Ordinances. 


SQUAEES  AROUND  WASHINaTON  MONUMENT. 

No.  135, S.I,  44.  The  Mayor  shall  annually  appoint,  subject  to  confir- 
Commissioners.  matioD  by  the  City  Council,  three  commissioners,  who  shall 
Powers.  serve  without  pay,  and  who  shall  have  all  necessary  power  to 

design,  adopt  and  carry  out  any  measures  they  may  deem  ad- 
visable for  the  improvement  of  the   public  squares  around 
Rules.  Washington  Monument,  and  to  establish  such  rules  and  regula- 

tions as  may  in   their  judgment  be  necessary  for  the  proper 
preservation  of  said  squares.* 

PARK  PLACE. 
No.  100, May         45.     The  Mayor  is  hereby  authorized  to  appoint  in  the  usual 

31   '75  J  •  » 

Commissioners,  manner,  annually,  three  citizens  of  proper  character  and  dis- 
cretion, as  commissioners,  who  shall  have  authority  to  protect 
and  care  for  the  public  square  in  the  northern  section  of  the 
city,  known  as  Park  Place,  and  who  shall  serve  without  cora- 
pensation.f 


pass  ordinances  regulating  the  limits  within  which  it  shall  be  lawful  to  erect 
steps,  porticoes  or  porches,  or  other  architectural  ornaments  to  houses  front- 
ing on  Mount  Vernon  or  Washington  Place,  in  the  city  of  Baltimore. 

*  By  this  ordinance  the  commissioners  were  authorized  to  cause  the  iron 
railings  enclosing  said  squares,  and  the  brick  sidewalks  around  the 
same  to  be  removed,  and  the  several  squares  to  be  extended  in  area  to  the 
kerbstone ;  and  to  take  such  measures  to  lay  off  walks  through  said  squares, 
and  make  such  other  adornments  and  improvements  in  and  about  the  same 
as  they  might  deem  advisable  ;  and  the  City  Commissioner  and  the  Inspec- 
tor of  Buildings  were  directed  to  reu'^er  such  assistance  to  the  commissioners 
as  they  might  from  time  to  time  require  of  them. 

t  By  Ordinance  No.  66,  July  33,  1860,  the  Commissioners  for  Opening 
Streets  were  directed  to  close  Grundy  street  (now  Park  avenue,)  between 
McMechen  and  Laurens  streets,  and  Foster  alley,  from  McMechen  to 
Wilson  street,  and  Jenkins  alley,  from  McMechen  to  Laurens  street, 
provided,  that  before  the  said  commissioners  proceeded  to  exercise  the 
duties  hereby  required  of  them,  the  applicants  to  close  said  street,  or  some 
of  them,  should  execute  and  deliver  clear  of  exi)ense,  or  cause  to  be  executed 
and  delivered  clear  of  expense,  to  the  Mayor  and  City  Council  a  deed  in  fee, 
for  the  following  pieces  or  parcels  of  ground,  viz :     All  that  strip  or  parcel 


Squares,  Springs  and  Monuments.  899 

Article  XLV. — Ordinances. 


PERKINS'  SPRING  SQUARE. 

46.  The  Mayor  shall  appoint,  at  his  discretion,  and  remov-  No.  w,  April  3, 
able  at  his  pleasure,  three  commissioners  for  Perkins'  Spring  commisgionera. 
Square,  located  at  the  junction  of  George  street  and  Chatsworth 

street,  [now  Myrtle  avenue]  to  be  selected  from  among  the 
residents  of  the  vicinity  of  said  square,  who  shall  serve  without 
compensation.     Said  commissioners  shall  have  all  the  powers  Powers  and 

,  ,  duties. 

conferred  by  and  perform  all  the  duties  required  of  commission- 
ers of  squares  under  sections  3  to  7  of  this  article. 

47.  There  shall  be  appointed  annually,  as  other  city  oflSoers  no.  20,  Feb.  15, 
are  appointed,  a  keeper  for  Perkins'  Spring  Square,  who  shall  Keeper, 
receive  as  compensation  the  sum   of  three  hundred  and  fifty 

dollars  per  annum,  monthly.* 

PUBLIC  WALK  ON  OLIVER  STREET. 

49.  The  centre  part  of  Oliver  street,  to  the  width  of  thirty  No.  se, June  29, 
feet,  between    Dolphin    street   and    North   avenue,  is   hereby  centre  part  of 

J  ,  ••111.,.  Oliver  street  r&. 

reserved,  to  be   maintained  by  the  city  tor  an   almeda  or  pub- served  for  an 

•>  •/  "^  almeda  or  pub- 

lic walk,  leaving  a  public  way  or  street  bed  on  each  side  of  i»<=waik. 

said  almeda  of  thirty-five  feet  in  width,  and  a  foot  way  on  each 

of  ground  as  laid  down  on  an  accompanying  plat,  (made  a  part  of  the  or- 
dinance,) between  McMechen  and  Laurens  streets,  one  hundred  and  fifty 
feet  wide,  to  be  called  Park  Place,  and  to  be  kept  and  preserved  as  a  public 
square  forever ;  and  two  several  pieces  and  parcels  of  land,  eighteen  feet 
wide,  and  distant  from  each  side  of  said  park  one  hundred  and  thirty  feet — 
the  one  to  be  called  Jenkins  alley,  running  from  McMechen  to  Laurens 
street ;  the  other  to  be  called  Foster  alley,  and  running  from  McMechen  to 
Wilson  street,  as  laid  down  on  the  said  plat. 

*  By  Ordinance  No.  300,  October  1, 1872,  the  City  Comptroller  was  au- 
thorized to  lease  for  public  use  that  portion  of  the  Perkins'  Spring  property 
located  within  the  following  bounds,  not  'leased :  on  the  west  by  Ogston 
street,  on  the  south  by  George  street,  and  on  the  northeast  by  Myrtle  avenue, 
at  a  rate  not  to  exceed  four  dollars  and  a-half  per  front  foot  for  the  building 
lots  contained  within  said  bounds,  and  with  the  right  reserved  to  purchase 
at  six  per  cent,  capitalized  at  the  convenience  of  the  city. 


900 


Squares,  Springs  and  Monuments. 


Article  XLY. — Ordinances. 


Proviso.  side  of  said  public  way  of  twelve  and  a  half  feet ;  provided, 

that  said  improvement  shall  be  made  when  eight  houses  of  not 
less  than  eighteen  feet  front  shall  have  been  erected  on  each 
square. 

PROSPECT  SQUARE. 

No.  27,  Feb.  28.      49.     Bv  Ordinance  No.  27,  Feb.  28,  1859,  the  City  Oommis- 

»59 ;  No.  85,  Mav 
20,  '69. 


Boundaries. 
Name. 


No.  22,  April  9, 
'47. 

Preamble. 


Ibid,  s.  1. 
Deed. 


Conditions. 


Fountain. 


sioner  was  authorized  to  lay  out  a  square  of  ground,  octagon 
form,  twenty-two  feet  in  diameter,  at  the  intersection  of  Har- 
ford avenue,  Britton  and  Ensor  streets,  to  be  known  as  Pros- 
pect Square,  and  to  have  the  same  enclosed  with  a  suitable  iron 
railing. 

UNION  SQUARE. 

50.  Ordinance  No.  22,  April  9,  1847,  enacted  inter  alia 
the  following:  Whereas,  the  proprietors  of  a  piece  of  ground 
bounded  by  Grilmor  and  Strieker  streets,  and  Hollins  and  Lom- 
bard streets,  have  offered  to  convey  the  same  to  the  Mayor  and 
City  Council  of  Baltimore,  for  a  public  square,  in  considera- 
tion of  and  subject  to  the  terms  and  conditions  hereinafter 
mentioned  ;  and  whereas,  said  offer  has  been  accepted  by  this 
corporation;  therefore, 

51.  So  soon  as  said  proprietors  shall  by  a  deed,  to  be  ap- 
proved by  the  City  Counselor,  convey  to  this  corporation,  for 
the  sole  intent  and  purpose,  and  on  the  trust  that  the  same  be 
forever  kept  and  improved  and  embellished  as  a  public  square, 
the  piece  of  ground  aforesaid,  together  with  all  their  right, 
title  and  interest  in  and  to  the  waters  proceeding  from  the 
springs  which  have  their  sources  in  said  piece  of  ground ;  it 
being  understood  and  conditioned,  however,  that  said  waters 
shall  be  collected  and  discharged  in  the  first  instance,  without 
limitation,  from  an  ornamental  fountain,  to  be  erected  within 
the  square,  and  thence  conducted  off,  under  the  beds  of  the 
streets ;  and  shall  further,  for  the  purpose  of  enlarging  to 
eighty  feet  the  width  of  the  following  named  streets  leading  to 


Squares,  Springs  and  Monuments.  901 

Article  XLV. — Ordinances. 

the  square,  namely:  Hollins  and  Lombard  streets,  between  streets. 
Calhoun  and  Gilmor  streets,  and  Strieker  and  Gilmor  streets, 
between  Baltimore  and  Pratt  streets,  convey,  cede  and  assure 
to  this  corporation,  in  addition  to  the  beds  of  said  streets  as 
laid  down  on  the  city  plat,  seven  feet  on  each  side  of  the  same, 
to  be  added  to  and  forever  kept  as  a  part  of  the  foot  pavements 
of  said  ptreets  respectively ;  the  Mayor  is  authorized  to  have 
the  same  enclosed  with  a  suitable  iron  railing,  and  to  have  the  ironraUing. 
ground  of  said 'square  properly  levelled  and  graduated  in  re- 
ference to  the  streets  leading  thereto,  according  to  their  grades 
as  established,  or  as  hereafter  may  be  established,  and  to  have 
the  said  ground  planted  with  trees  and  shrubs. 

52.     The  said  square  shall  be  called  Union  Square,  and  the  ibid,  a.  2. 
said  piece  of  ground  shall  be  forever  kept  as  a  public  square,  N«me. 
and  as  such  be  always  kept  by  this  corporation  in  good  order, 
and  suitably  improved  and  embellished  ;  and  the  Mayor  is 
hereby  authorized  and  required,  in  conjunction  with  the  City 
Commissioner,  to  cause  an  ornamental  structure  of  a  suitable 
character,  considered  with  reference  to  the  general  style  of 
the  improvements  herein  provided  for,  to  be  erected  over  the 
fountain  from  which  the  waters  of  the  spring  shall  be  die-  Founuin. 
charged.* 

*  By  Ordinance  No.  38,  April  18, 1849,  the  Mayor  and  Register  were  au- 
thorized to  sell  the  right  to  all  surplus  water  arising  from  the  public  fountain 
in  Union  Square,  to  the  president  and  directors  of  the  Baltimore  and  Ohio 
Railroad  Company. 


902 


Stocks,  Loans  and  Finance. 


Article  XL VI. 


ARTICLE  XL  VI. 


STOCKS,  LOANS  AND  FINANCE. 


statutes 


1.  Corporation   may  issue  certifi- 

cates of  stock :  amount. 

2.  Levy. 

3.  Corporation  may  increase  public 

debt,    issue    bonds,    &c. :    to 
create  sinking  fund :  levy. 


4.  Investments  by  Commissioners 
of  Finance  of  sinking  fund  in 
ground  rents  payable  by 
Mayor  and  City  Council :  mer- 
ger. 


ORDINANCES 


CERTIFICATES  OF  STOCK. 

1.  City  certificates :  form. 

2.  Amounts:  fractional  parts. 

3.  Duty  of  Register:    City  Coun- 

selor. 

4.  Stock  lists :  transfer  books,  when 

closed. 

5.  Renewal  of  certificates:    to  be 

advertised. 

6.  Applicant  for  to  make  oath  be- 

fore Mayor. 

7.  Identity  of  applicant. 

DEPAKTMENT  OF  FINANCE. 

8.  How  constituted. 

9.  Vacancy  filled  by  Mayor. 

10.  Pledge  for  redemption. 

11.  Interest  to  be  included  in  appro- 

priation bill. 

12.  City  debt,  how  to  be  discharged. 

13.  Certain  moneys  to  be  invested  in 

city  stocks,  or  deposited  in 
bank  :  sinking  fund :  report 
to  Council. 


14.  Commissioners  to  lease  city  pro- 

perty pledged  for  redemption 
of  public  debt :  provisos. 

15.  Nature  of  debt  of  corporation : 

real  estate,  &c.,  set  apart  for 
payment  of  public  debt  and 
interest. 

16.  Commissioners    of    Finance  to 

open  books  of  account :  report 
to  Council :  duties  of  Deputy 
Register. 

SINKING  FUNDS  AND  FUNDING 
FLOATING   DEBTS. 

17.  Investments  by  Commissioners 

of  Finance. 

18.  Certificates  of  what  loans  can- 

celled. 

19.  Consolidation  of  city  stock. 

20.  Accounts  for  sinking  funds. 

21.  Consolidation:   exchange  of 

stock :  sinking  fund. 

22.  Issue  of  city  stock. 

23.  $1,700,000  funded. 


Stocks,  Loans  and  Finance. 


903 


Article  XL VI.— Statutes. 


24.  $300,000  funded. 

25.  $800,000  funded. 

26.  Consolidation  of  sinking  funds. 

27.  $2,000,000  funded :  how  proceeds 

from  sale  applied. 

28.  Bonds :  State  taxes. 

STOCKS. 

29.  Almshouse. 

30.  City  Hall. 

31.  Court-house  and  Division. 

32.  Defence  and  Bounty. 

33.  Harbor. 

34.  Jail. 

35.  Jones'  Falls. 

36.  Park. 

37.  Water  and  Gunpowder  River. 


LOANS,  ENDORSEMENTS,  &C. 

38.  Baltimore  and  Ohio  Railroad. 

39.  Northern  Central  Railway,  &c. 

40.  Northwestern  Virginia  Railroad. 

41.  Pittsburg  &  Connellsville  Rail- 

road, 

42.  Union  Railroad. 

43.  Virginia  Valley  Railroad. 

44.  "Western  Maryland  Railroad, 

45.  Hillen  Station, 

SUBSCRIPTIONS  AUTHORIZED  BY 
ACTS  OF  ASSEMBLY. 

Maryland  and  Delaware  Ship  Canal. 
Baltimore,  Chesapeake  and  Delaware 
Bay  Railroad. 


STATUTES. 

1.  The  Mayor  and  City  Council  may,  for  the  purpose  of  p.  l.  l.,  art.  4, 

sec,  866 . 

promoting  or  effecting  any  great  or  permanent  improvement,  corporation 

issue  stock  in  certmcates  oi  an  amount  not  less  than  one  nun-  tificates  of  stock 

dred  dollars  each,  transferable  only  in  person  or  by  letter  of 

attorney,  in  books  to  be  kept  for  that  purpose  in  the  oflBce  of 

the  Register  of  the  City  ;  or  may  borrow  money  on  the  credit 

of  the  corporation  ;  provided,  the  amount  of  stock  so  created 

and  issued,  or  money  borrowed,  shall  at  no  one  time  exceed 

one  million  of  dollars,  exclusive  of  all  debts  created  under  Amount. 

special  Acts  of   Assembly  for  the  purposes  in  the  said  acts 

specified.* 

2.  They  may  levy  upon  the  assessable  property  within  the  iMd,  sec.  ser. 
city,  and  collect  by  tax  any  sum  which  may  be  necessary  to  Levy. 

pay  and  discharge  the  principal  and  interest  of  any  loan  which 
may  heretofore  have  been  obtained,  or  which  may  hereafter  be 
obtained,  by  said  corporation  according  to  law. 


*  See  Const.,  Art.  11,  sec.  7,  p.  6,  ante. 


904  Stocks,  Loans  and  Finance. 

Article  XL VI.— Statutes. 

1861,  c.  75.  3.     The  Mayor  and  City  Council  of  Baltimore  are  hereby 

Corporation       authorized  and  empowered  to  increase,  in  case  they  shall  deem 

may  Increase 

sue  bonds'' &!f"  ^^  necessary  so  to  do,  the  public  debt  of  said  city,  to  the  extent 
of  not  more  than  one  million  five  hundred  thousand  dollars 
beyond  the  amount  above  authorized  ;  and  to  issue  for  said  in- 
creased debt  the  bonds  or  notes  or  other  evidences  of  debt  of 

To  create  sink-  Said  city.     The  Mayor  and  City  Council  of  Baltimore  shall 

ing  fund, 

create  a  sinking  fund  to  meet  the  liabilities  to  be  incurred 
May  levy.  uodcr  this  law,  and  may  also  levy  upon  the  assessable  pro- 
perty of  the  city  of  Baltimore,  from  time  to  time,  such  sum 
or  sums  as  may  be  necessary  to  provide  therefor,  and  for  the 
payment  of  the  principal  and  interest  of  the  liabilities  to  be 
incurred  under  this  section,  and  may  pass  all  ordinances  neces- 
sary to  carry  out  the  purposes  of  the  same. 

1876, c.  167.  4.     Whenever  the  Commissioners  of  Finance  of  the  City  of 

Investments  by  Baltimore  shall  be  authorized  by  the  Mayor  and  City  Council 

Commisxioners       ^tii-  •  ^     i  •  i-i-^j 

of  Finance  of     01  Baltimore  to  invest  moneys  belonginfir  to  the  sinking  lund 

sinking  fund  in  ^  ./  o      d  o 

pavTwe'^r'*  of  said  city,  in  annuities  or  ground  rents,  reserved  out  of  the 
SncT*^  ^''^  lands  leased  to  the  Mayor  and  City  Council  of  Baltimore,  and 
payable  by  the  said  corporation,  the  said  commissioners  may 
purchase  such  rents  or  annuities  and  the  reversions  of  such 
lands,  and  the  conveyances  thereof  taken  may  be  made  to  the 
Mayor  and  City  Council  of  Baltimore,  in  trust  for  the  benefit 
and  purposes  of  the  said  sinking  fund,  and  in  every  such  case 
Merger.  such  convcyanco  shall  not  work  a  merger  of  the  lease  or  term, 

but,  until  otherwise  provided  by  law,  the  rent  or  rents  shall 
continue  to  be  payable  by  the  Mayor  and  City  Council  of  Bal- 
timore as  if  such  purchase  had  not  been  made,  but  shall  be 
received  and  applied  by  the  Commissioners  of  Finance  as  the 
income  of  other  investments  of  the  sinking  fund  may  be  ap 
plied. 


I 


Stocks,  Loans  and  Finance.  905 

Article  XL VI. — Ordinances. 


ORDINANCES. 

CERTIFICATES  OP  STOCK. 

1.     Certificates  of  city  stock  shall  be  issued  in  the  following  No.6,8.3,  r. 

form,  viz  : per  cent,  stock  of  the  city  of  Baltimore,  No.  citycertmcateB. 

, dollars, Baltimore.      Tjiis  is  to  certify,  that  Form. 

the  corporation  of  the  city  of  Baltimore  is  indebted  to , 


in  the  sum ,  redeemable ,  and   until  so  redeemed, 

bearing  interest  at  the  rate  of per  centum  per  annum, 

payable yearly  on  the  first  days  of and . 

This  certificate  is  only  transferable  at  the  Mayor's  office,  in 
person  or  by  attorney,  and  the  delivery  of  the  certificate  to  the 
transferee.  In  testimony  whereof,  and  in  virtue  of  an  ordi- 
nance of  the  city  of  Baltimore,  I,  the  Mayor,  have  hereto  set 

my  hand  and  affixed  the  seal  of  the  corporation,  this day 

of ,  18 — , ,  Mayor.     Countersigned  and  recorded 

by ,  Register. 

2.  All  certificates  of  stock  shall  be  issued  in  sums  of  one  i^id,  s.  4;  No. 

42.  June  17,  '67. 

hundred  dollars  and  equal  multiples  thereof,  and  they  shall  Amounts, 
ouly  be  transferable  at  the  Mayor's  office,  in  the  presence  of 
the  Mayor  or  Register,  by  the  proprietor  or  proprietors  there- 
of, or  his,  her,  or  their  legal  representatives.  In  case  of  the 
presentation  for  transfer  of  certificates  of  stock  calling  for 
fractional  parts  of  one  hundred  dollars,  the  Commissioners  of  Fractional 
Finance  may  purchase  the  said  fractional  parts  for  the  use  of 
the  sinking  funds ;  or  if  the  holder  or  holders  prefer,  they 
may  upon  his,  her  or  their  paying  the  difi'erence  to  the  Com- 
missioners of  Finance,  issue  a  certificate  or  certificates  in  the 
manner  and  form  as  herein  provided. 

3.  Before  the  Register  shall  issue  any  certificate  of  stock.  No. 6,8.6,  r.o. 
he  shall  receive  the  money  for  which  the  same  mav  be  issued,  outyof  aegis- 

"  ter.  • 

and  shall  proceed  to  apply  the  said  money  to  the  purposes  for 
which  the  issue  of  certificates  was  authorized,  unless  otherwise 


906  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

provided  for  bv  any  special  ordinance,  in  which  case  it  shall  be 
the  duty  of  the  Register  to  obtain  the  written  opinion  of  the 
City  Counselor.  City  Counselor  to  that   eflfect   previous  to  issuing  any  certifi- 
cate of  stock  required  by  such  special  ordinance. 

Ibid,  s,  6.  4.     It  shall  be  the  duty  of  the  Register  to  open  and  keep 

stock  lists.       regular  and  correct  loan  books  for  the  registry  and  transfer  of 

city  stock,  and  under  the  direction  of  the  Commissioners  of 

Finance,  to  make  up  lists  of  its  proprietors  in  time  for  the 

punctual  payment  of  the  interest,  and  to  pay  and  take  receipts 

Transfer  books,  thercfor,  and  for  these  purposes  the  transfer  books  shall  be 

when  closed. 

closed  twenty  days  previous  to  each  day  on  which  the  interest 
is  made  payable. 

Ibid,  8. 7.  5.     In  all  cases  of  application  for  renewal  of  certificates  of 

Renewal  of  cer-  the  stock  debt  of  the  city  of  Baltimore,  where  said  certificates 
may  have  been  lost  or  destroyed,  the  person  making  such  ap- 
Tobeadver-  plicatiou  shall  givc  at  least  sixty  days'  notice  by  publication 
once  a  week,  in  two  of  the  daily  newspapers  published  in  the 
city  of  Baltimore,  describing  such  certificate  or  certificates, 
and  at  the  same  time  declaring  his  or  her  intention  to  make 
such  application. 

Ibid,  s.  8.  6.     The  Register  shall,  before  he  issues  such  duplicate  cer- 

Appiicantto      tificatc  OT  Certificates,  rcQuire  the  person  makino^  such  appli- 

makeoathbe-  .  . 

fore  Mayor.       catiou  to  make  oath  before  the  Mayor  of  the  City  of  Baltimore, 
that  such  certificate  or  certificates  were  lost  or  destroyed  ;  the 
"N  circumstances,  if  any,  under  which  said  certificate  or  certifi- 

cates were  lost  or  destroyed,  and  shall  also  be  satisfied  that  he 
or  she  is  the  owner,  agent  or  representative  of  the  owner  of 
said  certificate  or  certificates. 

Ibid,  s.  9.  7.     If  the  Register  shall  not,  from  the  evidence  before  him 

Identity  of  ap-  as  Contained  in  section  six  of  this  ordinance,  be  satisfied  of  the 

plicant. 

identity  of  the  person,  or  from  the  circumstances  that  such 
certificates  are  actually  lost  or  destroyed,  then  he  shall  require 
the  person  making  such  application  to  enter  into  a  bond,  with 


I 


Stocks,  Loans  and  Finance.  907 

Article  XL VI. — Ordinances. 

security  to  be  approved  by  him,  in  double  the  amount  of  such 
certificate,  or  at  the  option  of  said  person  to  refer  the  subject, 
together  with  the  evidence  in  his  possession,  to  the  next  ses- 
sion of  the  City  Council. 

DEPARTMENT  OF  FINANCE. 

8.  There  shall  be  annually  elected,  by  a  convention  of  both  no.  b.  8,  i,  r. 

''  '     •'  O ;  No.  2(i,  Mar. 

)ranches  of  the  City  Council,  two  persons  of  experience  and  27, '7a. 
intesrrity,  to  be  known  as  Commissioners  of  Finance,  who  in  how  consti- 

^        *"  _  tuted. 

conjunction  with  the  Mayor  shall  constitute  the  Department 
of  Finance. 

9.  In  case  of  vacancy  by  death  or  resignation,  it  shall  beiwd,  s.a. 
the  duty  of  the  Mayor  to  supply  such  vacancy,  and  the  person  vacancy  aiied 
or  persons  thus  appointed  by  tiie  Mayor  shall  remain  in  office 

until  an  election  by  a  convention  as  aforesaid  shall  have  taken 
place. 

10.  The  faith  of  the  corporation  and  its  corporate  property  No.  e,  s.  10,  r. 
are  hereby  pledged  for  the  redemption  of  its  stock  and  payment  piedge  for  re- 

c   •  1  1  •i'     J     •         L      demption  Of 

of  interest  thereon,  at  such  times  as  may  be  specified  in  the  stock, 
ordinances  authorizing  the  same. 

11.  Such  sum  as  may  be  necessary  for  the  payment  of  the  iwd,  a  12. 
interest  on  the  public  debt  shall  be  included  in  the  appropri-  interest  to  be 

included  in  ap- 

ation  bill  of  each  and  every  year.  propriationbiii. 

12.  All  such  payments  as  may  be  necessary  to  enable  the  ibid,  s.  13 
said  commissioners  to  discharge  or  reimburse  any   demands  city  debt,  how 

,1  •,  /.      ,  .        .        T  .  n      I        to  be  dis- 

against  the  city  on  account  ot  the  principal  or  interest  01  the  charged, 
debt,  which  shall  be  actually  due  in  conformity  to  the  engage- 
ments of  the  city,  shall  be  made  at  such  times  in  each  year 
as  will  enable  the  commissioners  faithfully  and  punctually  to 
comply  with  such  engagements. 

13.  The  Commissioners  of  Finance    shall  invest  in  city  iwd,  s.  u. 
stock  all  moneys  in  their  hands,  or  to  their  credit  in  bank,  re- 
ceived for  the  sale  or  rent  of  city  property,  pledged  for  the 


908  Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


Certain  moneys  redemption  of   the  public   debt ;    and   shall   also   invest   all 

to  be  invested  />  i  •        ,     /. 

in  city  stocks     monevs  that  may  hereafter  be  received  from  the  above  men- 

or  deposited  in  '■'  "^ 

bank.  tioned  sources,  as  well  as  all  interest  accruing  thereon  from 

time  to  time,  and  have  the  transfers  made  in  the  name  of  the 
Commissioners  of  Finance,  and  also  have  stamped  on  the  face 
of  each  and  every  certificate  by  them  purchased  the  words 
Sinking  Fund.  "Sinking  fuud  uot  to  be  re-issued,"  and  report  to  the  City 
ReporttoCoun- Council  in  the  first  week  of  its  annual  session  the  amount 
purchased,  and  the  dates  and  prices  at  which  they  were  pur- 
chased, and  exhibit  their  books  and  the  certificates  of  stock 
by  them  purchased  during  the  preceding  year,  to  the  commit- 
tee appointed  on  their  accounts,  which  committee  shall  endorse 
all  certificates  of  stock,  if  correct,  and  report  to  the  City 
Council.  \ 

Ibid,  s.  17.  14.     The  Department  of  Finance  shall,  whenever  in  their 

Commissioners  opiuiou  it  is  cousistcnt  with  the  interest  of  the  city,  lease  any 
property  piedg-  part  or  parccl  of  the  public  property  belonging  to  the  city,  which 

ed  for  redemp-  p  i  i     i        i     /»  i 

tion  of  public  is  now  or  may  hereafter  be  pledged  for  the  rederaplion  or  the 
public  debt,  and  apply  the  proceeds  of  such  leases  exclusively 

Provisos.  towards  the  object  of  the  sinking  fund ;  provided,  that  in  no 

case  shall  any  lease  be  made  without  the  approbation  and  con- 
sent of  the  Mayor,  who  is  hereby  authorized  to  execute  the 
necessary  conveyances  to  the  lessees;  provided, also,  that  the 
same  shall  be  ofi*ered  at  public  aution,  after  ten  days'  notice 
previously  given  in  two  or  more  of  the  daily  papers  of  the 
time  and  place  of  such  sale,  and  leased  to  the  highest  bidder 
for  ninety-nine  years  renewable  forever,  or  for  a  shorter  period, 
should  such  bids,  in  the  opinion  of  said  board,  be  for  the  in- 
terest of  the  city  to  accept;  and  provided,  further,  that  one- 
fourth  of  the  principal  that  would  accrue  at  six  per  cent,  upon 
the  bids  agreed  upon,  be  first  paid  in  cash,  or  satisfactorily 
secured,  and  the  balance,  three-fourths,  be  placed  on  lease  for 
the  time  and  agreeably  to  conditions  named  in  said  advertise- 
ment or  promulgated  at    the  place  of  sale ;    and  provided 


Stocks,  Loans  and  Finance.  909 

Article  XL VI. — Ordinances. 

further,  that  nothing  in  this  section  shall  be  construed  to  relate  wharves, 
to  the  public  wharves  of  the  city. 

15.  The  greater  portion  of  the  existing  debt  of  the  cor-  No.  28,  March 
poration  was  created  for  and  represents  investments  in  real  Nature  of  debt 

of  corporation. 

estate,  and  in  the  stocks,  bonds  and  other  obligations  of  in- 
ternal improvement  companies,  yielding  a  large  income  ;  and 
it  is  proper  that  such  investments  and  the  income  derived 
therefrom,  shall  be  set  apart  and  applied  to  the  payment  of 
the  interest  and  the  redemption  of  the  debt  so  created,  as  the 
same  may  become  due  and  payable;  and  that  by  reason  of  the 
amount,  nature  and  purpose  of  the  debt,  it  is  expedient  and 
desirable  and  promotive  of  public  convenience  and  security, 
that  all  transactions  proceeding  from  or  connected  with  the 
funded  obligations  of  the  corporation  and  the  interest  there- 
upon, be  kept  separate  and  apart  from  the  ordinary  and  current 
receipts  and  expenditures  of  the  city  government;  and  for  the 
purpose  of  accomplishing  more  eflfectnally  the  several  objects 
herein  set  forth,  the  following  two  sections  are  enacted :  All 
th^  real  estate  from  which  income  is  derived,  and  all  the  Real  estate, *c., 
stocks,  bonds,  and  obligations  of  any  improvement  company  payment  of 
now  held  or  claimed  as  the  property  of  the  corporation,  or  as  interest, 
due  to  it,  as  well  as  all  taxes  which  may  hereafter  be  levied 
and  collected  for  this  purpose,  are  appropriated  and  set  apart, 
to  be  held  by  the  Commissioners  of  Finance  .exclusively  for 
the  payment  as  aforesaid  of  the  public  debt  of  the  corporation, 
and  the  interest  thereupon  as  the  same,  or  any  part  thereof, 
may  become  due  and  payable. 

16.  The  Commissioners  of  Finance  are  hereby  directed  and  iwa  s.  2 
required  to  open  books  of  account  in  the  name  of  the  corpora-  cemmissioners 
tion,  in  which  books  they  shall  cause  to  be  succinctly  and  accu-  open  books  of 

1  i"        1  1     1  •!       1  account. 

rately  set  torth  and  described  all  the  property  herein  referred  to, 

the  receipts  from  or  on  account  thereof,  and  the  payments  there-  Report  to  coun- 

upon,  and  annually  they  shall  report  the  same  to  the  Council.  "' 


910  Stocks,  Loans  and  Finance. 

Article  XLVI. — Ordinances. 
Duties  of  Depu-  The  Deputv  Register,  with  such  clerical  assistance  as  may  be 

ty  Register.  r      J  to  '  ^  i/ 

necessary,  shall  under  the  direction  of  the  Commissioners  of 
Finance,  keep  the  books,  accounts  and  records  of  the  office, 
and  perform  such  other  duties  as  may  be  required. 


SINKING  FUNDS  AND  FQNDING  FLOATING  DEBTS. 
No.  58,  June  4,       17.     The  Commissioners  of  Finance,  in  connection  with  the 

'68. 

Investments  by  City  Register,  are  hereby  authorized  and  empowered  to  invest 

Commissioners    „         ,  ,  .     i  .  r.        i       •       ,  i  ^  n  j-i 

of  Finance.       for  the  various  smking  funds,  in  the  guarantees  as  well  as  the 
stock  of  the  city. 

No  42,  June  17,      18.     The  Commissiouers  of  Finance  are  hereby  authorized 

'67. 

Certificates  of    and  directed  to  cancel  all  certificates  of  the  following  loans 
celled.  which  may  be  presented  to  the   Register  for  transfer,  viz : 

Almshouse  loan,  floating  debt  and  defence  loan,  jail  stock, 
Susquehanna  canal  loan,  and  Baltimore  and  Susquehanna 
railroad  loan  ;  and  to  issue  in  lieu  thereof  to  the  respective 
holders  of  the  same,  certificates  of  the  six  per  cent,  stock  of 
the  city  of  Baltimore,  redeemable  after  July  1st,  1890  ;  the 
interest  to  be  payable  quarterly  on  the  first  days  of  January, 
April,  July  and  October  in  each  and  every  year. 

No 'J9,  Apr.  a?,      19.     The  Commissioners  of  Finance  are  hereby  authorized 

Consolidation  of  and  empowered  to  consolidate  the  several  certificates  of  city 

city  s  oc  .        gtoc]^  held  by  thfem,  for  any  and  every  sinking  fund  under 

their  care,  and  annually  hereafter  to  consolidate  all  certificates 

of  city  stock  as  aforesaid,  when  examined  and  approved  by 

the  committee  on  accounts  of  the  Commissioners  of  Finance. 

No.  88,  Oct.  15,       20.     The  Register,  as  clerk  to  the  Commissioners  of  Finance, 

Accounts  for     is  hereby  directed  and  required  to  open  accounts  upon  the 

sinking  funds.    ^^^^^  ^^.  ^j^^  Commissioners  of  Finance  for  all  sinking  funds, 

except  the  Five  Million  Loan,  wherein  shall  be  entered  full 

and  detailed  accounts  of  each  sinking  fund,  the  amount,  how 

invested,  the  acts  of  the  commissioners  in  relation  thereto,  and 


Stocks,  Loans  and  Finance.  911 

Article  XL VI. — Ordinances. 

all  other  facts  necessary  to  a  full  and  succinct  history  of  each 
fund  ;  to  hold  or  invest  the  same,  or  the  interest  accruing  from 
time  to  time,  as  said  Commissioners  of  Finance  may  direct. 

21.  The  Commissioners  of  Finance  are  hereby  authorized  no.  92,  oct  22. 

.      '6''. 

and  empowered  to  consolidate  the  city  six  per  cent,  bonds,  in  coDsoiidation. 
such  way  and  manner  as  they  may  deem  best,  keeping  in  view 
the  rights  and  privileges  of  the  holders  thereof;  and  they  are 
further  empowered  to  issue  one  million,  or  so  much  thereof 
as  may  be  necessary,  of  five  per  cent,  city  bonds,  interest  pay- 
able quarterly,  and  redeemable  in  1885,  and  exchange  the  Exchange  of 

stock. 

same  with   the  holders  of  the  old  five  per  cent,  bonds,  dollar 

for  dollar,  and  to  issue  six  per  cent,  bonds  not  exceeding  otic 

million  of  dollars  in  amount,  to  provide  for  any  deficiency  in 

the  means  of  meeting  existing  appropriations;  and  for  the 

purpose  of  increasing  the  sinking  fund  to  an  amount  required  sinking  fund. 

by  this  increased  issue,  a  tax  of  five  cents  on  each  hundred 

dollars  of  assessable  property,  shall  be  levied  in  the  year  1873, 

and  annually  thereafter,  until  said  bonds  are  paid  or  provided 

for. 

22.  The  Commissioners  of  Finance  are  hereby  authorized  no.  ir,  Apr.  19, 
and  directed  to  issue  city  bonds,  redeemable  in  twenty  years,  issue  of  city 

«  •  •  I  /•      •  Stock. 

bearmg  mterest  at  the  rate  of  e,\xper  centum  per  annum,  pay- 
able quarterly,  not  to  exceed  two  hundred  thousand  dollars, 
and  dispose  of  the  same  at  their  discretion,  and  hand  the  pro- 
ceeds to  tlie  Register,  who  shall  apply  the  same  to  the  pay- rioating  debt, 
ment  of  the  floating  debt. 

23.  The  Register  is  authorized  to  fund  seventeen  hundred  No.  i.Feb.  7. 
thousand  dollars  of  the  floating  debt  of  the  city  of  Baltimore  $1,700,000 

in  stock  of  the  said  city,  payable  at  the  pleasure  of  the  Mayor 
and  City  Council  after  July  1st,  1890,  and  bearing  interest  at 
the  rate  of  &\xper  centwmper  annum,  payable  quarter  yearly 
on  the  first  days  of  January,  April,  July  and  October  in  each 
year,  until  redeemed. 


912  Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


'  No- 3.  Nov.  13,  24.  The  City  Register  is  authorized  to  fund  three  hundred 
$300,000 fund-  thousand  dollars  of  the  floating  or  unfunded  debts  or  obliga- 
tions of  the  city  of  Baltimore  existing  at  the  time  of  the 
adoption  of  the  Constitution  of  Maryland,  [1867,]  the  same 
to  be  funded  in  stock  of  the  said  city,  paj^able  at  the  pleasure 
of  the  Mayor  and  City  Council  of  Baltimore,  after  July  Ist, 
1890,  and  bearing  interest  at  the  rate  of  six  per  cent,  per 
annum,  payable  quarterly  on  the  first  days  of  January,  April, 
July  and  October  in  each  year,  until  redeemed. 

No.  14,  January      25.     The  Citv  Register  is  authorized  to  fund  ^ight  hundred 

31,1870.  .  ,  . 

$800,000 fund-    thousaud  dollars  of  the  floating  debt  of  the  city  of  Baltimore,- 

ed. 

which  shall  be  existing  at  the  time  this  ordinance  shall  go  into 
effect,  in  bonds  of  the  city  of  Baltimore,  payable  at  the  pleas- 
ure of  the  city  of  Baltimore  after  July  1st,  1900,  and  bearing 
interest  at  the  rate  of  six  per  cent,  per  annum,  payable 
quarterly  on  the  flrst  dajs  of  January,  April,  July  and 
October  in  each  year,  until  redeemed.* 

No.  19,  Feb.  28,      26.     The  Commissioners  of  Finance  are  authorized  to  add  to 

'7-J. 

Consolidation    and  cousolidatc  with  the  general  sinking  fund  any  of  the  funds 
funds.  held  by  them  for  the  redemption  of  the  public  debt,  or  any 

part  thereof,  which  within  their  judgment  are  not  required  to 

be  kept  distinct  and  separate. 

No.  6,8. 1, Feb.      27.     The  Register  of  the  City,  upon  notice  from  the  Com- 

12,  '74.  ... 

$2,000,600  fund-  missioncrs  of  Finance,  and  from  time  to  time,  is  hereby  au- 
thorized and  directed  to  issue  the  bonds  of  the  city  to  an 
amount  not  exceeding  two  millions  of  dollars,  and  the  said 
bonds  shall  be  sold  or  disposed  of  by  the  said  Commissioners 

*  Tliia  Ordinance  contains  the  usual  provisions  for  its  submission  to  the 
voters  and  its  authorization  by  Act  of  Assembly;  and  in  accordance  there- 
with, by  the  Act  of  1870,  c.  143,  the  Mayor  and  City  Council  were  authorized 
to  fund  tlie  floating  debt  to  the  amount  mentioned  in  section  25  above,  and 
to  issue  the  bonds  of  the  city  for  the  amount  of  the  debt  so  funded,  payable 
at  the  times  and  at  the  rates  therein  mentioned.  This  ordinance  was  duly 
submitted  to  the  voters  and  approved  April  21,  1870. 


Stocks,  Loans  and  Finance.  913 

Article  XLVI. — Ordinances, 
of  Finance,  and  the  proceeds  therefrom  applied  to  the  payment  How  proceeds 

'  ^  ^^  .  ,       from  sale  ap- 

of  the  loan  of  seven  hundred  thousand  dollars,  authorized  by  pi'ed. 
ordinance  approved  December  23,  1872,  No.  3,  being  an  or- 
dinance to  provide  for  the  speedy  introduction  of  an  additional 
supply  of  water  into  the  city  of  Baltimore ;  [see  Art.  LIII, 
Water,]  and  the  loan  of  two  hundred  thousand  dollars,  au- 
thorized by  ordinance  approved  May  30,  1872,  No.  66,  being 
an  ordinance  to  provide  for  the  speedy  improvement  of  the 
ship  channel  leading  into  the  Patapsco  river,  and  from  its 
mouth  to  Fort  McHenry ;  [see  p.  334,  ante]  and  of  the  loan 
of  two  hundred  thousand  dollars,  authorized  by  ordinance  ap 
proved  March  25,  1873,  No.  13,  being  an  ordinance  making  a 
further  appropriation  for  the  ship  channel  leading  into  the 
Fatapsco  river,  and  from  its  mouth  to  Fort  McHenry ;  [see  p. 
337,  ante]  and  of  the  loan  of  two  hundred  thousand  dollars, 
authorized  by  ordinance  approved  April  24,  1873,  No.  44, 
being  an  ordinance  to  authorize  the  Water  Board  to  borrow 
such  sums  of  money  as  may  be  needed  to  complete  the  high 
service  supply  ;  [see  Art.  LIII,  Water,]  and  further,  to  the 
payment  of  all  such  other  floating  debt  of  the  city  of  Balti- 
more as  may  have  existed  on  the  31st  day  of  October,  1873, 
and  remains  unpaid. 

28.     The  said  bonds  shall  be  issued  in  suras  of  not  less  than  ibid8.a. 
one  hundred  dollars  each,  redeemable  at  the  pleasure  of  the  Bonds. 
Mayor  and  City    Council  of  Baltimore  after  February  Ist, 
1894,  bearing  interest  at  the  rate  of  six  per  cent,  per  annum, 
payable  semi-annually  on  the  1st  day  of  July  and  the  1st  day 
of  January,  and  on  condition  that  the  city  of  Baltimore  shall 
pay  all  State  tax  for  which  the  holders  of   said  bonds  may  state  taxes, 
thereon  be  legally  liable,  and  the  said   bonds,  or  such  part 
thereof  as  the  said  commissioners  may  deem  it  best  so  to  issue, 
shall  by  their  direction  be  issued  as  registered  bonds,  transfer- 
able, as  other  city  bonds,  or  the  same  or  such  part  thereof  as 
the  said  commissioners  may  deem  it  best  so  to  issue,  shall  by 


914  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

their  direction  be  issued,  with  coupons  attached,  transferable 

by  delivery,  and  with  interest  and  principal  payable  in  gold, 

or  to  make  them  principal  and  interest  payable  in  London  in 

sterling  money.* 

STOCKS. 

ALMSHOUSE. 
29.     This  stock  was  authorized  by  Ordinances  No.  40,  s.  8, 
May  20,  '62  ;  No.   25,  March  26,  '64,  to  an  amount  not  ex- 
ceeding   $100,000;    by  Ordinance  No.    35,  June  7,  '65,  an 

*  Submitted  to  voters  and  approved  April  31, 1874. 

By  the  Act  of  1874,  c.  185,  the  Mayor  and  City  Council  of  Baltimore  were 
authorized  to  fund  the  loans  provided  for  by  an  ordinance  approved  Decem- 
ber 23,  1873,  (No.  3);  by  an  ordinance  approved  May  30,  1872,  (No.  66); 
also  by  an  ordinance  approved  March  25, 1873,  (No.  13);  also  by  an  ordi- 
nance approved  April  34, 1873,  (No.  34);  and  also  to  fund  such  other  float- 
ing debt  of  the  city  of  Baltimore  as  may  have  existed  on  October  31,  1878, 
and  remained  unpaid,  and  for  that  purpose  to  issue  the  bonds  of  the  city  to 
an  amount  not  exceeding  the  sum  of  tvs^o  million  dollars,  as  provided  for  in 
an  ordinance  of  the  said  Mayor  and  City  Council,  entitled  an  ordinance  to 
provide  for  funding  the  floating  debt  of  the  city  as  authorized  or  existing  on 
October  31, 1873,  approved  February  13, 1874,  (No.  6);  and  accordingto  the 
terms,  conditions  and  provisions  of  said  ordinance. 

By  the  Act  of  1878,  c.  328,  the  Mayor  and  City  Council  of  Baltimore  are 
authorized  to  Fund  the  Floating  Debt  of  said  city  to  an  amount  not  exceed- 
ing one  million  five  hundred  thousand  dollars,  and  to  issue  the  bonds  of  the 
city  for  the  amount  so  funded,  payable  at  such  time,  and  bearing  such  rate 
of  interest,  not  exceeding  six  per  centum  per  annum,  as  the  said  Mayor  and 
City  Council  shall  provide  by  ordinance  to  be  adopted  at  the  present  session 
of  the  City  Council,  provided,  that  the  said  bonds  shall  not  be  issued  unless 
the  ordinance  which  the  Mayor  and  City  Council  is  hereby  authorized  to 
enact  shall  be  approved  by  the  votes  of  a  majority  of  the  legal  voters  of  the 
said  city  cast  at  the  time  and  places  to  be  appointed  by  said  ordinance,  in 
the  provision  for  submitting  the  same  to  the  legal  voters  of  the  city,  as  re- 
quired by  section  seven,  article  eleven  of  the  Constitution ;  provided,  how- 
ever, that  said  bonds  shall  not  be  sold  at  less  than  par.  An  ordinance  to 
carry  out  the  provisions  of  this  act  to  fund  the  floating  debt  existing  on  the 
81st  Dec,  1877,  was  passed  Oct.  8, 1878 ;  approved  by  voters  Oct.  23, 1878. 

By  Ord.  No.  91,  Oct.  4, 1878,  the  Commissioners  of  Finance  are  authorized 
and  directed  to  cancel  or  destroy  all  the  bonds  and  certificates  of  the  loan 
known  as  the  Patterson  Park  Extension  Loan,  issued  under  Ord.  No.  116, 
June  23, 1871,  and  also  all  the  bonds  and  certificates  of  the  loan  known  as 
the  Funding  Loan,  1894,  issued  under  Ord.  No.  6,  Feb.  12, 1874. 


Stocks,  Loans  and  Finance.  915 

Article  XL VI. — Ordinances. 

issue  was  authorized  to  an  amount  not  exceeding  $300,000, 
bearing  interest  at  six  per  cent,  per  annum,  payable  quarterly, 
and  to  become  due  on  July  1,  1890  ;  and  by  ordinance  No.  3, 
Feb.  16,  ^66,  another  issue  of  $50,000,  at  same  rate  of  interest 
and  to  become  due  on  same  date  was  authorized.* 


CITY  HALL. 

30.  This  stock  was  authorized  by  Ordinance  No.  62,  June 
24,  '68,  to  an  amount  not  exceeding  $1,000,000,  redeemable  in 
fifteen  years,  bearing  interest  at  six  per  cent,  per  annum,  pay- 
able quarterly  .f 

By  Ordinance  No.  37,  April  15,  '70,  another  issue  of  this 
stock  was  authorized  to  an"  amount  not  exceeding  $1,000,000, 
redeemable  in  thirty  years,  and  bearing  the  same  rate  of  in- 
terest, payable  quarterly.;}: 

*  See  note,  p.  74,  ante,  for  the  ordinances  under  which  Bayview  Asylum 

was  built. 

1 1868,  c.  391,  authorized  the  Mayor  and  City  Council  of  Baltimore  to 
issue  the  bonds  of  the  said  city  to  an  amount  not  exceeding  the  sura  of  one 
million  of  dollars,  the  proceeds  from  the  sale  of  said  bonds  to  be  used  in  the 
construction  of  a  city  hall  in  the  city  of  Baltimore;  provided,  that  before 
the  issue  of  said  bonds  the  said  loan  be  authorized  by  an  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  and  approved  by  a  majority  of  the 
votes  of  the  legal  voters  of  the  said  city,  cast  at  such  time  and  places  as  may 
be  fixed  by  said  ordinance  as  prescribed  in  the  seventh  section  of  article 
eleven  of  the  Constitution.  This  ordinance  was  submitted  to  the  vote  of 
the  citizens  and  adopted, 

t  This  ordinance  contains  the  usual  provisions  for  submission  to  the  ap- 
proval of  voters  and  authorization  by  Act  of  Assembly. 

By  Act  of  1870,  c.  303,  the  Mayor  and  City  Council  of  Baltimore  were 
authorized  to  issue  bonds  to  an  amount  not  exceeding  the  sum  of  one  mil- 
lion of  dollars,  in  addition  to  the  one  million  of  dollars  which  it  was  au- 
thorized to  issue  by  the  Act  of  Assembly  of  1868,  c.  391,  the  proceeds  of  the 
sales  of  said  bonds  thereby  authorized  to  be  issued  to  be  used  in  the  con- 
struction of  the  city  hall,  being  erected  in  said  city  of  Baltimore,  which 
bonds  so  to  be  issued,  together  with  interest  thereon,  to  be  made  pay- 
able at  such  times  as  shall  be  determined  by  the  said  Mayor  and  City 


916  Stocks,  Loans  and  Finance. 


Article  XL VI.— Ordinances. 


By  Ordinance  No.  15,  Feb.  8,  '72,  another  issue  was  author- 
ized, to  an  amount  not  exceeding  $500,000,  redeemable  in 
thirty  years,  at  the  same  rate  of  interest,  payable  quarterly.* 

Council  of  Baltimore,  which  was  further  thereby  authorized  to  make  such  pro- 
vision for  the  ultimate  redemption  of  the  principal  of  said  bonds,  and  for 
the  payment  of  the  interest  thereon,  as  to  it  shall  seem  best ;  and  it  further 
provided  that  before  any  of  the  bonds  mentioned  be  issued,  the  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore  authorizing  the  same  be  sub- 
mitted to  and  approved  by  the  legal  voters  of  the  said  city,  in  accordance 
with  the  provisions  of  the  seventh  section  of  article  eleven  of  the  Constitu- 
tion :  and  that  all  Acts  or  parts  of  Acts  of  Assembly  inconsistent  herewith, 
and  especially  the  Act  of  1866,  c  1,  were  repealed.  This  ordinance  was 
duly  submitted  and  approved.  This  Act  of  1866,  c.  1,  is  construed  in  State 
ex-rdat.  v.  Kirkley  et.  al,  29  Md.  85,  as  follows : 

Ordinance  No.  58,  of  the  Mayor  and  City  Council  of  Baltimore,  approved 
September  25,  '65,  entitled  an  ordinance  to  provide  for  the  building  of  a  new 
city  hall  was,  by  its  own  provision,  wholly  inoperative  until  its  ninth  sec- 
tion was  confirmed  and  ratified  by  the  General  Assembly.  On  January, 
29th,  1866,  the  General  Assembly  passed  an  act  entitled, an  act  authorizing 
the  Mayor,  &c.,  to  build  a  new  city  hall,  in  which  there  was  neither, 
in  the  title  nor  the  body  of  the  law,  any  reference  to  Ordinance  No.  58, 
and  an  entire  absence  of  any  words  of  confirmation  or  ratification,  but  the 
provisions  of  the  law  in  every  material  respect  differed  from  those  of  the 
ninth  section  of  the  ordinance.  At  the  January  session  of  the  City  Council 
in  1867,  certain  persons  were  nominated  by  the  Mayor  and  confirmed  by 
the  Council  as  commissioners  to  constitute  the  building  committee  of  the 
new  city  hall.  They  accepted  the  appointment,  and  entered  upon  their 
duties  accordingly,  with  the  Mayor  as  president  of  the  committee.  Held : 
1.  That  the  Act  of  Assembly  was  not  a  confirmation  and  ratification  of 
the  ninth  section  of  the  ordinance,  but  an  independent  grant  of  power,  to  be 
exercised  by  future  conformable  legislation  on  the  part  of  the  city  corpora- 
tion. 2.  That  the  ninth  section  of  the  ordinance,  not  having  been  ratified 
by  the  General  Assembly,  as  required  by  the  eleventh  section,  the  appoint- 
ment of  commissioners  by  the  Mayor  to  constitute  the  building  committee 
of  the  new  city  hall  was  unauthorized  and  nugatory,  and  conferred  upon 
the  appointees  no  authority  whatever.  3.  That  mandamus  was  the  proper 
remedy  to  restrain  the  commissioners,  who  had  assumed  to  act  without  law- 
ful authority,  in  discharge  of  the  duties  of  their  supposed  office. 

Ordinance  No.  73,  August  5, 1868,  passed  by  virtue  of  the  Act  of  1866,  c. 
1,  authorized  an  issue  of  bonds  to  an  amount  of  $600,000. 

*  Ordinance  duly  approved  by  the  voters. 

By  Act  of  1872,  c.  37,  the  Mayor  and  City  Council  of  Baltimore  were 
authorized  and  empowered  to  issue  the  bonds  of  said  city  to  the  amount  of 


Stocks,  Loans  and  Finance.  917 


Article  XL VI. — Ordinances. 


COURT  HOUSE  AND  DIVISION. 

31.  The  stock  for  repairing  the  Court  House  was  authorized 
under  the  Act  passed  at  December  session  of  the  General 
Assembly  of  1834,  by  Ordinances  No.  19,  April  14,  1835,  No. 
33,  May  12,  '60,  and  No.  10,  March  3,  '63,  to  an  amount  not 
exceeding  $80,000,  irredeemable  before  July  1,  1860,  at  five 
per  cent,  per  annum,  payable  quarterly.* 

DEFENCE  AND  BOUNTY. 

32.  The  ordinances  which  authorized  these  stocks  are  as 
follows : 

No.  22,  April  20th,  1861,  authorized  an  issue  of  city  bonds, 
redeemable  in  twenty  years,  bearing  interest  at  the  rate  of 

five  hundred  thousand  dollars,  for  the  purpose  of  providing  funds  for  the 
building  of  the  city  hall ;  and  the  above  ordinance  was  thereby  rati- 
fied and  confirmed. 

*  By  the  Act  of  1876,  c.  240,  the  Mayor  and  City  Council  of  Baltimore 
are  authorized  to  issue  bonds  to  an  amount  not  exceeding  seven  hundred 
and  fifty  thousand  dollars,  for  the  purpose  of  providing  means  for  the  ex- 
tension and  improving,  and  erection  of  a  new  Court  House  in  the  city  of 
Baltimore,  in  pursuance  of  such  plan  as  may  hereafter  be  provided  by 
ordinance,  the  said  bonds  to  be  for  the  sum  of  one  hundred  dollars  each, 
payable  at  such  time  and  in  such  manner,  and  on  such  terms  and  conditions 
as  may  be  prescribed  by  ordinance,  and  to  be  issued  from  time  to  time  as  the 
same  may  be  required  in  the  course  of  the  work  of  said  improvement  and 
erection ;  provided  that  none  of  said  bonds  shall  be  issued  until  such  ordi- 
nance as  the  Mayor  and  City  Council  may  or  shall  pass  in  the  premises, 
shall  have  been  approved  by  a  majority  of  the  legal  voters  of  the  city ;  and 
provided  that  the  said  bonds  shall  be  redeemable  in  not  less  than  thirty  years 
after  their  date  and  be  transferable  as  other  city  bonds. 

The  Division  Stock  was  authorized  by  Ordinance  No.  117,  Oct.  5,  1853, 
under  the  Act  of  1853,  c.  353,  whereby  the  Mayor  and  City  Council  of  Bal- 
timore were  authorized  and  required  to  issue  certificates  of  stock  bearing 
five  per  cent,  interest  and  payable  at  the  pleasure  of  the  corporation  within 
thirty  years  from  the  passage  of  the  act,  to  the  amount  of  $68,500,  to  dis- 
charge the  indebtedness  of  the  corporation  as  agreed  on,  at  the  time  of  the 
division  of  the  property  of  Baltimore  city  and  county. 


918  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

six  per  cent,  per  annum,  payable  quarterly,  to  the  amount  of 
|80,000.*  By  ordinance  No.  56,  sec.  6,  August  11,  '62, 
another  issue  of  $30,000  was  authorized,  interest  at  the  rate 
of  six  per  cent,  per  annum,  payable  half  yearly,  and  re- 
deemable in  thirty  years.  By  ordinance  No.  52,  sec.  7,  Au- 
gust 9,  '62,  another  issue  to  an  amount  of  $350,000  was  au- 
thorized, interest  at  the  rate  of  six  per  centum  per  annum, 
interest  payable  half  yearly,  and  redeemable  in  thirty  years. 
By  ordinance  No.  60,  sec.  7,  August  18,  '62,  and  No.  66, 
September  27,  '62,  another  issue  to  an  amount  of  $350,000  was 
authorized,  interest  at  the  rate  of  six  per  centum  per  an- 
num, interest  payable  half  yearly,  and  redeemable  in  thirty 
years.  By  ordinance  No.  61,  May  4,  '64,  another  issue  of 
$100,000  was  authorized  at  same  rate,  and  principal  and 
interest  payable  at  same  time.  By  ordinance  No.  62,  sec.  7, 
Sept  9,  '  62, t  another  issue  of  $350,000  was  authorized,  inter- 
est at  the  rate  of  six  per  centum  per  annum,  interest  paya- 
ble half  yearly,  and  redeemable  ia  thirty  years.  By 
ordinance  No.  50,  sec.  7,  June  18,  '63,:j:  another  issue  of 
$400,000  was  authorized,  interest  at  the  rate  of  six  per 
centum   per  annum,  interest   payable  half  yearly,  and    re- 

*  1861,  c.  1,  authorized  the  Mayor  and  City  Council  to  raise  and  appropri- 
ate at  their  discretion,  and  in  the  modes  and  at  the  times  which  they  may 
judge  best,  all  moneys  whatever,  which  they  may  deem  necessary  and  pro- 
per for  the  defence  and  protection  of  the  city,  and  provide  for  the  payment 
of  the  same  by  taxation  or  otherwise,  as  they  may  deem  most  advisable. 

1861,  c.  2,  confirmed  and  ratified  the  ordinance  of  the  Mayor  and  City 
Council  appropriating  $500,000  for  the  defence  of  the  city,  approved  April 
20, 1861,  No.  22.  See  Mayor,  &c.  v.  PouUney,  25  Md.  19.  This  ordinance 
was  repealed  by  No.  19,  April  24,  '62. 

t  This  ordinance  was  repealed  by  ord.  No.  66,  Sept.  27,  1862. 

X  This  ordinance  and  the  supplements  thereto  were  confirmed  by  act  of 
1864,  c.  151.  The  act  of  1864,  c.  132,  authorized  the  Mayor  and  City  Coun- 
cil to  raise  and  appropriate  an  amount  of  money  not  to  exceed  $300,000  in 
any  one  year,  for  the  relief  of  the  families  of  those  who  enlisted  or  were 
drafted  into  the  military  service  of  the  United  States  as  a  part  of  the  quota 
of  the  city  of  Baltimore. 


Stocks,  Loans  and  Finance.  91^ 

Article  XL VI. — Ordinances. 

deemable  in  thirty  years.  By  ordinance  No.  8,  sec.  6, 
Feb.  16,  '64,*  another  issue  of  $600,000  was  authorized, 
interest  at  the  rate  of  six  per  cent,  per  annum,  interest 
payable  half  yearly  and  redeemable  at  the  pleasure  of  the 
Mayor  and  City  Council,  at  any  time  after  July  1,  1893. 

By  ordinance  No.  63,  section  3,  May  10,  1864,  another 
issue  was  authorized  to  an  amount  not  exceeding  $400,000, 
interest  at  rate  of  six  per  cent,  per  annum,  payable  half 
yearly,  and  redeemable  in  thirty  years. 

By  ordinance  No.  76,  June  6th,  1864,  another  issue  was 
authorized  of  $100,000,  at  same  rate,  and  principal  and  inter- 
est payable  at  same  time  as  the  last  mentioned. 

By  ordinance  No.  1,  section  7,  January  17th,  1865,  anoth- 
er issue  of  $750,000,  interest  at  the  rate  of  six  per  cent,  per 
annum,  payable  half  yearly,  and  redeemable  at  the  pleasure 
of  the  Mayor  and  City  Council  of  Baltimore  after  September 
1,  1893,  was  authorized. 

HARBOR 

33.  The  Act  of  1876,  c.  176,  authorizing  the  issue  of 
stock  for  cleansing,  &c.  the  Harbor,  is  on  p.  332,  &c.,  ante. 
And  for  ordinance  authorizing  issue  of  stock  for  construct- 
ing Ice  Boat,  under  Act  of  1867,  c.  248,  see  p.  330,  ante, 
and  p.  340,  anie. 

JAIL. 

34.  This  stock  is  authorized  by  ordinances  No.  42,  s.  1, 
May  23,  1854,  No.  20,  April  20,  1858,  and  No.  28,  s.  9^ 
May  31,  1858,  under  the  Act  of  1858,  c.  294,t  whereby  an 


*  This  ordinance  was  construed  in  Clark  v.  Mayor,  <6e.,  29  Md.  277. 

1 1858,  c.  294,  authorized  the'  Mayor  and  City  Council  of  Baltimore  to  is- 
sue bonds  or  inscribed  stock  of  the  said  city,  to  an  amount  not  exceeding 
two  hundred  and  fifty  thousand  dollars,  for  the  purpose  of  paying  the  in- 
debtedness and  completing  the  new  jail  for  said  city,  said  bonds  or  stock  to 


920'  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

issue  of  $52,645.72,  was  authorized,  interest  at  six  per  cent, 
per  annum,  payable  half  yearly. 


JONES'  FALLS.  * 

35.  Stock  for  improvement  of,  see  Article  XXX,  Jones' 
Falls,  suh-title  Stock. 

PARK. 

36.  By  ordinance  No.  18,  April  7,  1858,  the  Commis- 
sioners of  Finance  were  authorized  to  receive  from  the  Keg- 
ister  the  one-fifth  (now  twelve  per  centum)  of  the  gross  rev- 
enue of  the  Passenger  Railway  Company,  as  provided  for  in 
the  ordinance  approved  March  28,  1859,  (p.  730,  ante,)  and 
invest  the  same  from  time  to  time  in  Baltimore  city  six  per 
cent,  stock,  as  well  as  the  accruing  interest,  as  a  park  fund, 
said  fund  not  to  be  devoted  to  any  other  purpose  than  the 
one  originally  designed,  and  to  be  subject  only  to  the  Mayor 
and  City  Council. 

By  ordinance  No.  80,  section  1,  May  26,  1866.  the  Regis- 
ter was  authorized,  in  accounting  with  the  Public  Park 
Commission,  to  pay  to  them  the  revenue  derived  from  the 
passenger  railways  without  other  deduction  than  the  interest 
on  the  bonds  issued  for  the  purchase  of  said  parks  and  the 
sinking  fund  ;  and  the  Register  was  authorized  to  pay  to 
the  public  park  commission,  in  such  sums  as  might  from  time 
to  time  be  required,  $50,000,  of  which  sum  $10,000  shall  be 

bear  interest  at  the  rate  of  six  per  cent,  per  annum,  payable  on  the  first  day 
of  January  and  July,  and  be  redeemed  in  fifteen  years  from  date  of  issue ; 
the  Mayor  and  City  Council  to  establish  a  sinking  fund  for  the  redemption 
of  said  bonds  or  stock,  by  levying  an  annual  tax  of  two  cents  on  every 
hundred  dollars  of  assessable  property  w^ithin  the  limits  of  said  city,  until 
said  bonds  or  stock  hereby  authorized  to  be  issued  shall  be  redeemed.  The 
jail  was  built  under  ordinances  No.  72,  approved  May  23.  '54 ;  No.  20,  April 
20,  '58;  No.  28,  May  31,  '58;  No.  13,  Feb.  4,  '59;  No.  17,  Feb.  18,  '59;  No. 
7,  March  28,  '61.    See  Mayor,  &c.  v.  Reynolds,  20  Md.  1. 


Stocks,  Loans  and  Finance.  931 

Article  XL VI. — Ordinances. 

for  the  use  exclnsively  of  Patterson  Park,  and  the  remainder 
for  Druid  Hill  Park. 

By  ordinance  No.  37,  section  1,  May  2,  1863,  whenever 
the  park  commission  shall  certify  to  the  Register,  under 
their  respective  hands,  that  they  require  a  sum  of  money 
for  an  object  connected  with  the  said  parks,  said  object  to  be 
at  the  same  time  designated,  an  issue  of  stock  is  authorized, 
redeemable  on  January  1,  1895,  interest  at  the  annual  rate 
of  six  per  centum,  payable  quarterly,  and  designated  as 
park  improvement  stock,  for  an  amount  sufficient  to  meet 
such  requisition  after  retaining  one-tenth  of  the  par  value 
for  the  purposes  of  a  sinking  fund ;  provided  that  the  whole 
amount  of  bonds,  so  issued,  shall  not  exceed  the  sum  of 
$150,000  for  Druid  Hill  Park,  and  $20,000  for  Patterson 
Park. 

By  ordinance  No.  75^,  June  8,  1870,  after  deducting  from 
the  revenue  derived  from  the  city  passenger  railways  the  in- 
terest on  the  issue  of  park  stock,  under  the  ordinance  to 
provide  for  a  public  park  or  parks,  and  the  sinking  i'und 
therein  provided  for,  and  the  further  sum  of  $10,000  annu- 
ally for  the  maintenance  of  the  parks,  the  surplus  of  said  rev- 
enue, and  the  rent  of  the  pavilion,  and  the  net  receipts  from 
any  passenger  railway  which  may  be  laid  within  Druid  Hill 
Park  shall  be  applied  as  far  as  necessary  to  reimburse  the  city 
the  interest  upon  the  bonds  hereby  authorized  to  be  issued ; 
provided  that  not  less  than  one-fifth  of  the  sum  reserved  in 
this  section  for  the  annual  maintenance  of  the  parks,  and  of  the 
excess  of  annual  receipts  from  the  city  passenger  railway  over 
the  amount  necessary  to  provide  for  the  interest  on  the  bonds 
issued  under  the  provisions  of  this  ordinance,  shall  be  expended 
in  the   improvement   and   preservation    of  Patterson  Park.* 


*  See  further  as  to  stock  under  Parks,  Art.  XXXVII,  Statutes,  Park,  sec- 
tion 8,  and  under  sub-title,  Patterson  Park,  and  note  p.  914,  ante. 


922  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

By  ordinance  No.  37,  s.  3,  May  2,  '63,  it  is  provided  that 
one  tenth  of  the  par  value  of  said  bonds  retained  by  the  Reg- 
ister, as  hereinbefore  directed,  shall  be  invested  by  the  Com- 
missioners of  Finance  in  the  bonds  of  the  City  of  Baltimore, 
or  in  bonds  for  which  the  city  is  liable  by  endorsement,  as  a 
sinking  fund  for  the  redemption  of  the  bonds  issued  under  its 
provisions,  and  the  proceeds  of  all  sales  or  rents  of  any  land 
south  of  Newington  lane,  which  may  be  sold  or  leased  by  the 
Park  Commission,  shall  be  paid  to  the  Register  of  the  City,  to 
be  invested  by  the  Commissioners  of  Finance  in  the  sinking 
fund  herein  provided  for,  until  the  said  fund  shall  in  the 
opinion  of  the  said  commissioners,  be  adequate  to  the  redemp- 
tion of  the  bonds  hereby  authorized,  at  their  maturity,  and  the 
Register  shall  be  the  trustee  thereof. 

By  ordinance  No.  52,  June  28,  '65,  another  issue  was  au- 
thorized for  Druid  Hill  Park  of  $27,000. 

WATER  AND  GUNPOWDER  RIVER. 

37.  For  Water  Stock  of  1916  and  Gunpowder  River  Stock 
of  1894,  and  note  as  to  Water  Stock  of  1875,  redeemed  under 
the  Act  of  1876,  c.  237,  and  ordinance  No.  65,  June  30, 1877, 
see  Stock,  under  Water,  Article  LIII. 

LOANS,  ENDORSEMENTS,  GUARANTIES,  &c. 

BALTIMORE  AND  OHIO  RAILROAD. 

No.  37, 8.1,  38.     Whenever  the  president  and  directors  of  the  Baltimore 

subLription  to  and  Ohio  Railroad  Company,  at  any  time  previous  to  the  first 

Bammore*'anci*  day  of  Octobcr,  1836,  shall  have  shown  to  the  satisfaction  of 

Company.         the  Mayor  and  Presidents  of  the  First  and  Second  Branches 

of  the  City  Council,  that  it  is  in  the  power  of  said  company  to 

comply  with  the  condition  on  which  the  city  of  Baltimore  has 

lately  proposed  to  make  a  subscripton  of  three  millions  of  dol- 


Stocks,  Loans  and  Finance.  938 

Article  XL VI. — Ordinances. 

lars  to  the  stock  of  said  company  ;*  and  the  said  Mayor  and 
Presidents  shall  have  filed  with  the  Register  a  certificate  there- 
of, under  their  siernatures,  in  the  words  following,  viz :     We  do  cenificateB  of 

,  ,         ^  ,  the  Mayor  and 

hereby  certify,  that  in  our  opinion  there  no  longer  exists  any  Presidents  to  be 

•'  •'  '  ^  c>  J    returned  to  the 

legal  obstacles  which  can  prevent  the  Baltimore  and  Ohio  ^'^e'ster. 
Railroad  Company  from  completing  their  railroad  in  an  un- 
broken line,  from  the  city  of  Baltimore  to  the  western  waters; 
and  the  said  president  and  directors  shall  by  authentic  act  have 
signified  to  the  Mayor,  whether  it  is  their  intention  to  receive 
a  subscription  on  the  part  of  the  city  for  all,  and  if  not  for  all, 
for  what  proportion  of  the  said  three  millions  of  dollars  the  said 
subscription  for  all  of  the  said  three  millions,  or  for  such  part 
as  the  said  president  and  directors  may  elect  to  receive  a  sub- 
scription for,  to  be  paid  in  instalments  of  not  more  than  one 
million  of  dollars  in  any  one  year,  that  then  the  Mayor  is 
hereby  authorized  and  directed  to  subscribe  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore  to  the  capital  stock  of 
the  Baltimore  and  Ohio  Railroad  Company  the  said  three  rail- 
lions  of  dollars,  or  such  part  thereof  as  the  said  president  and 
directors  may  have  elected  to  take. 

The  Commissioners  of  Finance  are  hereby  authorized  and  ibid,  s.  12. 
directed  to  borrow  on  the  credit  of  the  city  of  Baltimore,  the  sum  su  per  cent, 
of  money  necessary  to  meet  the  payments  of  the  instalments  ted. redeemable 
aforesaid,  for  which  purpose  a  city  stock  shall  be  created  not 

*  Under  the  act  of  1826,  c.  123,  the  city  had  subscribed  for  five  thousand 
shares  of  this  stock.  Res.  No.  40,  March  17,  '36,  authorized  and  directed  the 
Mayor  to  subscribe  to  the  capital  stock  of  the  Baltimore  and  Ohio  Railroad 
Company,  the  sum  of  three  millions  of  dollars,  in  the  name  of  the  Mayor 
and  City  Council  of  Baltimore ;  provided,  that  the  whole  sum  shall  be  ex- 
clusively applied  to  the  prosecution  of  the  work  in  an  unbroken  line  from 
Harper's  Ferry,  or  such  point  near  that  place  as  shall  be  selected,  from  which 
the  extension  shall  be  made.  This  subscription  was  authorized  by  the  act 
of  1835,  c.  127.  See  B.  and  0.  R.  B.  Co.  v.  Sta/e,  36  Md,  579  and  45  Md.  596, 
for  the  construction  of  the  various  acts  authorizing  subscriptions  by  the  State 
and  City  to  the  stock  of  Balto.  and  Ohio  R.  R.  Co.  See  the  Acts  of  1878,  c.  155 
and  c.  238. 


9M 


Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


Ibid,  8.  4. 

Directors  ap- 
pointed. 


exceeding  three  millious  of  dollars,  bearing  an  interest  of  six 
per  cent,  payable  quarterly,  and  irredeemable  before  the  first 
day  of  July,  in  the  year  1890. 

Ibid,  s.  3.  There  shall  annually  hereafter  be  levied  upon  the  assessable 

Tax  for  pay-     property  within  the  limits  of  the  city  of  Baltimore,  a  sum  of 
'  money  which,  with  the  profits  of  the  said  railroad,  shall  be  suffi- 
cient to  pay  the  interest  upon  the  debt  hereby  authorized. 

At  the  first  meeting  of  the  City  Council  after  the  annual 
election  of  the  president  and  directors  of  the  Baltimore  and 
Ohio  Railroad  Company,  which  shall  succeed  the  said  subscrip- 
tion by  the  Mayor,  there  shall  be  appointed  by  the  joint  ballot 
of  both  branches  of  the  City  Council,  in  convention  assembled, 
one  director  in  said  company  for  every  five  thousand  shares 
which  may  have  been  so  subscribed.  And  there  shall  annually 
thereafter  in  the  month  of  January  in  each  and  every  year  be 
appointed  by  a  convention  as  aforesaid,  the  same  number  of 
directors,  who  shall  continue  in  ofiice  until  a  new  appointment 
be  made.* 

In  case  of  death  or  resignation  of  the  said  directors,  or  either 
of  them,  in  the  recess  of  the  Council,  the  Mayor  is  hereby 
authorized  to  appoint  a  director  or  directors,  as  the  case  may 
be,  who  shall  serve  until  a  new  appointment  be  made. 

The  directors  on  the  part  of  the  city  for  the  time  being,  in 
the  Baltimore  and  Ohio  Railroad,  are  hereby  authorized  and 
directed,  to  represent  the  interests  and  vote  the  stock  of  the 

*By  ord.  No.  59,  Sept.  13,  '67,  seventy -five  hundred  shares  of  the  capital 
stock  of  the  Baltimore  and  Ohio  Railroad  Company,  held  by  the  Mayor  and 
City  Council  of  Baltimore,  were  placed  at  the  disposal  of  the  Commissioners 
of  Finance,  to  be  used  at  their  discretion,  by  sale  or  hypothecation,  for  the 
purpose  of  providing  for  any  deficiency  in  the  revenues  of  the  city  to  meet 
its  liabilities  during  that  year;  not  more  than  twenty-five  hundred  shares  of 
said  stock  to  be  sold.  Res.  No.  61,  April  1,  '64,  authorized  the  sale  of  5,500 
shares.  Ord.  No.  15,  April  28,  '65,  authorized  the  sale  of  5,000  shares.  Mayor y 
&c.  V.  B.  <&  0.  R.  R.  Co.,  21  Md.  52. 


Ibid,  s.  5. 
Vacancies. 


No.  25,  Feb.  28 
'38. 

City  railroad 
directors  to  re- 
present city 
stock. 


P  Stocks,  Loans  and  Finance.  925 

Article  XL VI. — Ordinances. 

city  of  Baltimore,  at  all  general  meetings*  of  the  stockholders 
of  said  railroad  company  which  may  hereafter  be  held. 

The  Kegister  and  Commissioners  of  Finance  are  hereby  em-  Res.  no.  m7, 
powered  and  directed  to  vote  the  shares  held  by  the  city,  when-  Dividend  stock, 
ever  a   vote  is   taken  by   shares  by   the  Baltimore   and    Ohio 
Kailroad  Company,  whatsoever  way  they  may  deem  it  to  the 
interest  of  the  city.f 

Whenever  the  Baltimore  and  Ohio  Railroad  Company,  by  No.  .\s.  i.Dec. 
their  officers  legally  authorized  to  act  on  their  behalf  in  such  stock  isMied  to 

1      11       .        ./.       .  .    .  1     ,         .   1        1      .  aid  tlie  Balto.  fc 

matters,  snail  signiiy  in  writmg,  sealed  with  their  corporate  ohio  railroad, 
seal,  their  acceptance    of  the  terms  and  provisions  of   this 
ordinance,  and  shall,  at  the  same  time,  deposit  with  the  Regis- 
ter of  the  City  a  mortgage  (to  be  previously  approved  by  the  Mortgage. 
City  Counselor,)  wherein  said  company  shall  pledge  all  their 
real  and  personal  estate,  road  or  roads,  the  tolls  and  revenues, 
as  security  to  the  Mayor  and  City  Council  of  Baltimore,  for 
the  payment,  as  hereinafter  provided,  of  the  principal  and  of 
the  interest  of  the  loan  hereby  made,  it  shall  be  the  duty  of 
the  Commissioners  of  Finance  of  the  City  of  Baltimore,  and 
they  are  hereby  authorized  to  issue  certificates  of  stock  of  the 
Mayor  and  City  Council  of  Baltimore,  with  coupons  or  other- 
wise, in  their  discretion,  to  the  amount  of  five  million  of  dol-  issue  or 
lars,  redeemable  on  the  first  day  of  January,  1890 ;  the  interest     '  "'"*'* 
payable  quarterly  on  the  first  days  of  January,  April,  July 
and  October  in  each  year;  the  said  commissioners  likewise  to 


*  1858,  c.  313,  provided  that  the  directors  of  the  Baltimore  and  Ohio  Rail- 
road Company  shall  be  chosen  annually  on  the  third  Monday  of  November 
in  every  year,  in  the  city  of  Baltimore ;  and  that  the  general  meeting  of  the 
stockholders  of  said  company  to  be  held  annually,  shall  be  held  at  the  time 
and  place  herein  appointed  for  the  election  of  the  said  directors. 

t  This  resolution  recites  that  heretofore  the  stock  held  by  the  city  in  the 
Baltimore  and  Ohio  Railroad,  known  as  "  dividend  stock,"  has  been  unrepre- 
sented in  the  selection  of  stockholders'  directors ;  and  also,  that  circum- 
stances may  arise  to  make  it  necessarj^  and  proper  to  vote  said  stock  for  the 
acceptance  or  rejection  of  amendmerits  to  the  charter  of  said  road,  &c. 


926 


Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


sterling  bonds   usG  their  discretion,  whether  to  issue  five  per  cent,  sterling 

currency. 

bonds,  payable  in  London,  or  six  percent  currency,  payable  in 
the  city  of  Baltimore,  and  shall  proceed  to  sell  the  said  bonds 
or  certificates  on  the  best  terms  which  they  can  obtain  there- 
for, not  less  than  par,  and  in  such  sums  as  may  be  required  by 
said  railroad  company,  and  pay  over  the  proceeds  thereof  to 
the  Register  of  the  City  ;  and  it  is  hereby  understood  and  pro- 
vided, that  if  the  Commissioners  of  Finance  shall,  at  any  time, 
elect  to  issue  five  per  cent,  sterling  bonds,  as  aforesaid,  the  cost 
of  exchange,  commission  to  agent  in  London,  and  all  other  ex- 
penses incidental  to  such  payment  shall  be  chargeable  to  and 


Bonds  to  be 
sold  at  not  less 
than  par. 


Ibid,  s.  2. 

Register  to 
over  proceeds, 


How  expenses  paid  by  the  president  and  directors  of  the  Baltimore  and  Ohio 
Railroad  Company  aforesaid  ;  and  it  is  hereby  further  provided, 
that  any  and  all  expenses  incident  to  the  issue  of  any  of  the 
bonds,  whether  currency  or  sterling,  as  aforesaid,  shall  in  like 
manner  be  chargeable  to  and  paid  by  the  said  railroad  com- 
pany. 

The  City  Register  is  hereby  authorized  to  pay  to  the  Balti- 
ay  more  and  Ohio  Railroad  Company  the  amount  of  money  he 
may  receive  from  time  to  time  from  the  Commissioners  of 
Finance,  on  account  of  the  sale  of  said  certificates,  reserving 
ten  per  cent,  thereof  to  be  used  as  a  sinking  fund  to  pay  the 
principal  of  said  loan  at  maturity. 

The  said  reservation  of  ten  per  cent.,  amounting  to  five 
hundred  thousand  dollars,  shall,  by  the  Register  of  the  City  of 
Baltimore,  with  the  quarterly  interest  thereon,  be  invested  in 
the  public  debt  of  the  city  of  Baltimore,  and  so  from  time  to 
time,  until  the  maturity  of  the  bonds,  when  so  much  thereof 
as  may  be  necessarj^  shall  be  applied  to  the  payment  of  the 
principal  sum  of  said  bonds,  and  to  release  the  said  company 
from  all  responsibility  for  the  mortgage  herein  created,  in  so 
far  as  said  sinking  fund  may  be  capable  of  paying  the  same ; 
and  said  mortgage  as  mentioned  to  be  given  by  the  said  Balti- 
more and  Ohio  Railroad  Company,  in  section  first  of   this 


Ibid,  s.  3. 
Sinking  fund. 


Stocks,  Loans  and  Finance.  927 

Article  XLVI. — Ordinances, 
ordinance  shall  be  recorded   under  direction  of  the  City  Re-  Mortgage  to  be 

recoraed. 

gister,  and  at  the  expense  of  the  said  company,  in  the  proper 
offices  of  record,  where  such  instruments  are  recorded,  in  all 
counties,  districts,  cities  or  towns,  whether  in  the  State  of 
Maryland  or  out  of  it,  wherein  said  company  have  any  real 
or  personal  estate,  road  or  roads,  tolls  or  revenues,  as  men- 
tioned in  the  first  section  of  this  ordinance. 

If  at  the  maturity  of  said  bonds  the  said  sinking  fund  shall  ibid,  8.4. 
have  accumulated  to  an  amount  exceeding  the  principal  sum  of  surpin»of«ink- 

•  /?  -ii'  i?  J    11  iliK  fuiirt,  how 

the  loan  authorized  in  this  ordinance  ot  five  miUions  or  dollars,  appropriated, 
the  said  excess  shall  be  paid  into  the  City  Treasury  for  the  use 
of  the   city,  and   be   applied    to    extinguishing  the  internal 
improvement  debt. 

The  premium  (if  any)  that  may  be  received  on  account  of  ibid,  8.5. 
the  sale  of  the  said  certificates  or  bonds  shall  be  converted  premium,  h»w 
into  a  sinking  fund  and  invested  in  the  public  debt  of  the  city       "'' 
of  Baltimore,  and  so  from  time  to  time,  with  the  interest  quar- 
terly accruing,  to  be  applied  to  the  payment  of  the  original 
internal  improvement  debt  of  the  city. 

The  acceptance  of  this  ordinance  by  the  said  company,  and  ibid,  s.  e. 
the  mortgage  required  to  be  given  by  said  company,  shall  be  principal,  how 
construed  and  understood  as  obligating  the  said  company  to  pay  ft" 
to  the  said  Register  the  principal  sum  of  five  million  dollars, 
issued  under  the  provisions  of  this  ordinance,  less  the  amount 
of  the  sinking  fund,  and  its  accumulations,  mentioned  in  the 
third  section  of  this  ordinance,  at  least  one  month  before  the 
day  on  which  the  certificates  or  bonds  hereby  directed  to  be 
issued  shall  become  redeemable,  and  shall  also  pay  to  the 
said  Register  interest  at  the  rate  of  six  per  cent,  per  annum,  interest,  how  to 
on  the  whole  amount  of  said  certificates  or  bonds  so  issued,  when.^ 
quarterly  and  in  advance,  at  least  ten  days  previous  to  the  first 
day  of  the  several  months  aforesaid  on  currency  bonds,  and 
thirty  days  previous  to  aforesaid  first  day  on  sterling  bonds, 


928  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

which  said  payments  shall  commence  to  be  made  in  advance 
of  the  first  payments  of  interest,  which  shall  be  required  to  be 
made  by  the  Mayor  and  City  Council  of  Baltimore  on  said 
certificates  or  bonds,  and  shall  continue  to  be  made  as  afore- 
said until  the  repayment  by  the  said  company  to  the  Mayor 
and  City  Council  of  Baltimore,  of  the  principal  sums  of  money 
which  shall  or  may  be  issued  as  aforesaid. 

Ibid,  8.  7  The  said  Register  shall  procure  a  stamp,  with  the  words 

Duty  of  Reg-  "safety  fund  stock — not  to  be  re-issued,"  legibly  cut  thereon, 
and  shall  cause  the  same  to  be  fairly  impressed  across  the  face 
of  each  certificate  of  Baltimore  city  stock  invested  as  aforesaid, 
and  cause  an  entry  of  the  said  certificates  to  be  made  in  the 
books  of  his  ofiice  from  time  to  time,  as  the  same  may  come 
into  his  possession,  and  shall  make  an  exhibit  of  the  said  en- 
tries and  certificates  to  the  committee  annually  appointed  to 
examine  the  books  and  accounts  of  his  office,  which  committee 
shall  make  such  examination  a  part  of  their  report  to  the  City 
Council,  stating  the  amount  of  said  certificates,  and  general 
condition  of  said  safety  fund. 

Ibid,  s.  8.  In  order  to  meet  the  present  exigencies  of  the  Baltimore 

Register  may    and  Ohio  Railroad   Company,  when  the  Legislature  of  Mary- 
borrow  money.  , 

land  shall  have  confirmed  this  ordinance,  the  Register  is  hereby 

authorized  to  borrow  upon  the  faith  of  tiie  Mayor  and  City 
Council  of  Baltimore  the  sum  of  one  million  of  dollars,  re- 
deemable at  pleasure,  bearing  interest  at  the  rate  of  six  per 
cent,  per  annum,  payable  quarterly,  and  pay  the  same  to  the 
said  company.  And  upon  his  receiving  the  amount  of  sales 
of  the  certificates  as  provided  for  in  this  ordinance,  he  shall 
repay  the  city,  with  the  interest  accrued  thereon,  from  said 
amount  of  sales,  in  lieu  of  paying  them  over  to  said  company.* 

*  1854,  c.  34,  confirmed  the  above  ordinance  and  conferred  full  power 
upon  the  Mayor  and  City  Council  and  upon  the  Commissioners  of  Finance 
and  the  Register  of  the  City  to  carry  into  effect  all  the  provisions  of  the  said 
ordinance,  in  the  name  manner,  to  all  intents  and  purposes,  as  if  the  said 


Stocks,  Loans  and  Finance.  929 

Article  XLVI. — Ordinances. 

In  the  performance  of  the  duties  imposed  upon  the  Register  no.  4^  8.^i, 
of  the  said  city  by  the  third  section  of  the  ordinance  to  which  Register  to  in- 

•'       ''  vest  interest  on 

this  is  a  supplement,  (Ord.  No.   5,  Dec.  27,  1853,)  the  said  ^^^'V;,"'^"^*''''" 
Register  shall,  within  thirty  days  after  the  receipt  by  him  of 
any  interest  on  account  of  the  sinking  fund  provided  for  in 
the  said  ordinance,  invest  the  same  as  therein  directed  in  the 
public  debt  of  the  city  aforesaid. 

It  shall  not  be  lawful  for  the  said  Register  to  use  any  por-  iwd,  «.2. 
tion  of  said  interest  so  received  by  him  for  any  other  purpose  Register  not  to 

use  interest  ex- 

than   the  purchase  of  the  public  debt  aforesaid,  during  the  eep'Jof  P«wic 
period  that  said  interest  may  remain  in  his  possession. 

To  prevent  as  far  as  practicable,  even  the  accidental  employ-  iwd,  s.  3. 
ment  of  any  portion   of  said  interest  otherwise  than  as  here  interest  money 

to  be  deposited 

directed,  the  said  Register  is  hereby  required  to  deposit  the  j^^pawte 
same  in  a  separate  bank  book,  to  be  opened  by  him  on  ac- 
count of  the  said  sinking  fund  alone. 

The  said  Register  is  hereby  directed  to  furnish  quarterly,  iwd,  s.  4. 
on  the  first  days  of  February,  May,  August  and  November,  Register  to  fur- 

11  I         /-^  •      •  /•    TT  nish  Statement 

in  each  and  every  year,  to  the  Commissioners  of  J^inance  ot  of  investments* 
the  City  of  Baltimore,  and  to  the  Baltimore  and  Ohio  Rail- 
road Company,  a  statement  of  the  investments  made  by  him 
on  account  of  said  fund,  so  that  the  said  commissioners  and 
the  said  company  may  be  advised  of  the  operation  of  the  said 
sinking  fund,  in  the  extinction  of  the  debt  of  said  company 
of  five  millions  of  dollars  aforesaid. 

Mayor  and  City  Council  had  been  previously  to  the  passage  of  said  ordi- 
nance, authorized  and  empowered  by  an  Act  of  the  General  Assembly  to 
enact  an  ordinance  in  the  precise  terms  of  the  above  ordinance,  and  to  pro- 
vide for  carrying  the  same  into  effect.  And  further  provided,  that  nothing 
in  this  act  or  in  the  said  ordinance  containe  d,  shall  be  taken  or  construed 
to  impair  or  lessen  in  any  manner  the  liens  or  securities  which  the  State  of 
Maryland  has  in  the  revenue  of  the  said  Baltimore  and  Ohio  Railroad  Com- 
pany, for  loans  heretofore  made  by  the  said  State  to  the  said  company  or  for 
the  interest  now  due  or  that  may  become  due  thereon,  to  the  said  State 
The  above  ordinance  repealed  ordinance  approved  Dec.  14, 1853. 


930  Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


Ma"  '/''m''  ^^^  Register  is  hereby  authorized  and  required  to  demand 

Register  to  de.  from  the  Baltimore  and  Ohio  Railroad  Company  the  sum  of 

mand  three 

annuaif  frim"  *^^^^  hundred  dollars  annually,  from  and  after  the  first  day 
ci*  °"  ^"  ^'    of  January,  1855,  and  hereafter  to  collect  semi-annually,  from 
said  company,  the  sum  of  one  hundred  and  fifty  dollars  as  com- 
pensation for  services  rendered  in  the  transfer  department,  until 
by  the  operation  of  the  sinking  fund  said  loan  shall  be  absorbed. 

ibid,8. 2.  The  sum  received  from  said  railroad  company  shall  be  paid 

To  be  paid  into  iuto  the  city  treasury  to  reimburse  the  city  for  expenses  inci- 

city  treasury.  ,n  •!•  i  »>»• 

dent  to  the  aforesaid  issues  and  transfers.* 
No. 88, Oct.  15,       Whereas,  by  ordinance  of  the  Mayor  and  City  Council,  a 

'66. 

Baiiroad  notes,  sinking  fuud  v^as  Created  for  the  redemption  of  the  Baltimore 
and  Ohio  Railroad  notes ;  and  whereas,  for  some  years  past 
there  have  been  but  few,  if  any,  of  said  notes  presented  for 
redemption,  and  it  is  very  probable  that  no  more  will  be  pre- 
sented for  that  purpose,  therefore, 

To  cancel  cer-        The  Commissioners  of  Finance,  in  conjunction  with  the  City 
stock.  Register,  are  hereby,  authorized  and  directed  to  meet  together 

and  to  cancel  the  certificates  of  stock  constituting  the  said 
sinking  fund,  and  the  Register  is  hereby  authorized  and 
directed  to  pay  any  of  the  aforesaid  notes  that  may  hereafter 
be  presented,  and  to  charge  the  sa  ne  to  direct  tax.f 

*  This  ordinance  recites  that  the  numerous  issues  and  transfers  of  the  five 
million  loan  devolve  a  great  amount  of  labor  on  the  transfer  department, 
and  frequently  require  the  employment  of  extra  services ;  and  that  section 
1  of  Ordinance  No.  5,  May,  4,  1853,  provides  that  any  and  all  expenses  inci- 
dent to  the  issue  of  any  of  the  bonds  of  the  five  million  loan,  whether  cur- 
rency or  sterling  as  aforesaid,  shall  in  like  manner  be  chargeable  and  paid 
by  the  Baltimore  and  Ohio  Railroad  Company. 

1 1841,  c.  304,  authorized  the  Mayor  and  City  Council,  for  the  purpose  of 
retiring  the  stock  orders  of  the  Baltimore  and  Ohio  Railroad  Company,  to 
issue  certificates  of  stock  of  a  less  denomination  than  one  hundred  dollars, 
bearing  an  interest  of  six  percent,  per  annum,  said  certificates  of  stock  to  be 
received  by  the  city  corporation  at  any  time  when  presented  in  payment  of 
taxes  and  debt  due  said  corporation ;  no  certificate  of  stock  thus  issued  to 
be  of  a  less  denomination  than  ten  dollars. 


Stocks,  Loans  and  Finance.  931 

Article  XL VI. — Ordinances. 


NORTHERN  CENTRAL  RAILWAY. 

39.     The  Northern  Central  Railway  Company  shall,  on  or  No.  31, s.  1, 
before  the  first  day  of  July,  1865,  pay  and  deliver  to  the  compromise 

•'  J  J  J    L     J  ^jjjj  settlement 

Mayor  and  City  Council  of  Baltimore,  in  full  compromise  cJ^^'iJJ'R^n. 
and  settlement  of  all  claims  and  demands  of  the  city  against  ^*^" 
the  company,  the  sum  of  twenty-six  thousand  dollars  in  cash  Amount.: 
and  three  hundred  coupon  bonds  for  one  thousand  dollars 
each,  made  by  the  said  railway  company,  with  interest  at 
six  per  cent,  per  annum,  payable  quarterly,  from  and  after 
the    first   day  of  January,    1865 ;    the   principal    })ayable 
at  the   end   of   twenty  years   from   the  said  first   day  of 
January,  1865,  redeemable,  nevertheless,  in  whole  or  in  part 
within  the  said  period,  upon  thirty  days'  notice  to  the  hold- 
ers thereof.     The  said  bonds  to  be  secured  by  a  mortgage 
upon  said  railway. 

Upon  the  receipt  of  said  cash  and  bonds,  and  the  payment  iwd.s.  2. 
of  the  bonds,  the  Mayor  of  said  city  shall  execute  and  de-  Release  of  aii 
liver  to  the  said  railway  company,  and  to  the  Baltimore  and  R-  w.  co.,b.  * 

J  r       J  i  S.  R.  R  Co.  and 

Susquehanna  Railroad  Company,  and  the  York  and  Mary- ^- *nd  m.  l.  r. 
land  Line  Riiilroad  Company,  a  release  of  all  claims  and 
demands  of  every  nature  and  description  whatsoever,  except 
such  liabilities  as  may  remain  by  virtue  thereof;  and  shall 
further  enter  satisfaction  on  all  and  every  mortgage  or  other 
instrument  of  writing  by  which  any  claim  of  the  city  of 
Baltimore  is  evidenced  or  secured,  and  from  all  claims  as 
stockholders  of  the  said  company,  except  so  far  as  relates  to  Exceptions, 
the  stock  hereinafter  mentioned,  and  except  also  the  bonds 
of  the  York   and  Cumberland   Railroad  Company  for  five  y.  &  c.  r.  r. 
hundred  thousand  dollars,  guaranteed  by  the  city  of  Balti- 
more under  ordinance  No.  44,  approved  June  17,  1852,  and 
ordinance  No.  76,  approved  July  22,  1852. 


932  Stocks,  Loans  and  Finance. 


Article  XL VI.— Ordinances. 


ibid,i.  3.  The  title  and  ownership  of  the  Mayor  and  City  Council  of 

shMes^of  N.c.  Baltimore  to  four  thousand  shares  of  the  capital  stock  of  the 
said  Northern  Central  Kailway  Company,  and  to  all  divi- 
dends that  may  hereafter  he  declared  thereon,  is  herehy 
ratified  and  confirmed.* 

No.  44,  s.  1,  Whenever  the  Register  of  the   City  shall  be  satisfied  by 

June  17,  '63.  ...  .  .       . 

Guarantee  of     the  exhibition  of  tlic  list  of  subscriptions,  verified  by  the 

bonds  of  Y.  A  _  .  . 

c.  R.  R.  Co.  oath  or  affirmation  of  the  president  or  chief  officer  of  the 
Susquehanna  Railroad  Company,  that  the  sum  of  two  hun- 
dred and  fifty  thousand  dollars  has  been  honafide  subscribed 
to  the  capital  stock  of  said  company,  for  the  purpose  of 
constructing  a  railroad  from  the  borough  of  Sunbury,  in 
Northumberland  county,  to  the  town  of  Bridgeport,  in  Cum- 
berland county,  in  the  State  of  Pennsylvania,  there  to 
connect  with  the  York  and  Cumberland  Railroad,  (the  said 
subscription  of  two  hundred  and  fifty  thousand  dollars  to  be 
independent  of  the  subscription  to  be  made  as  hereinaiter 
stated,   by  the  York  and   Cumberland  Railroad  Company,) 

k  and  upon  the  presentation  to  the  said  Register,  either  at  one 

time  or  from  time  to  time,  after  the  bonds  or  certificates  of 
loan  of  the  said  York  and  Cumberland  Railroad  Company, 
with  a  certificate  of  the  president  and  treasurer  of  said 
Susquehanna  Railroad  Company,  of  the  amounts  and  dates 
of  the  installments  as  called  in,  of  the  capital  stock  of  said 
company,  for  a  sum  not  exceeding  in  the  aggregate  five 
hundred  thousand  dollars,  sub-divided  as  it  may  suit  the 
convenience  of  the  said  York  and  Cumberland  Railroad 
Company,  payable  on  the  first  day  of  January,  in  the  year 
1877,  with  interest  at  the  rate  of  six  per  cent,  per  annum, 

Pledge  of  prop- payable  half  yearly — in  the  meanwhile  the  principal  and 

erty. 

interest  being  secured  by  a  pledge  of  the  property  of  the 

*By  Res.  No.  132,  July  1,  '65,  the  Commissioners  of  Finance  were  autho- 
ized  and  directed  to  sell  the  city's  entire  interest  in  the  Northern  Central 
Railway  Company  for  not  less  than  eight  hundred  thousand  dollars. 


Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


said  York  and  Cumberland  Railroad  Company,  and  of  the 
stock  to  be  subscribed,  as  hereinafter  directed  by  said  com- 
pany, to  the  capital  stock  of  the  said  Susquehanna  Railroad 
Company,  then  the  said  Register  shall  endorse,  either  in 
writing  or  by  causing  the  same  to  be  printed  or  engraved 
upon  the  said  bonds  or  certificates  of  loan  of  the  said  York 
and  Cumberland  Railroad  Company  aforesaid — the  guarantee 
of  the  Mayor  and  City  Council  of  Baltimore,  to  be  signed  by 
the  Mayor  of  the  said  city  for  the  time  being,  with  the  cor- 
porate seal  of  said  city  thereto  affixed,  in  the  following 
words:  For  value  received  the  Mayor  and  City  Council  of  Form  of  gu»N 
Baltimore  do  hereby  guarantee  the  payment  of  the  within 

bond,  (or  certificate  of  loan,)  for  | ,  with  the 

interest  thereon,  according  to  its  tenor,  under  the  authority 
of  an  Act  of  the  General  Assembly  of  Maryland,  passed  at 
January  session,  1852,*  entitled  an  act  giving  certain  pow- 
ers to  the  Mayor  and  City  Council  of  Baltimore  in  regard  to 
the  York  and  Cumberland  Railroad   Company,  and  in  pur- 

*1852,  c.  141,  authorized  the  Mayor  and  City  Council  of  Baltimore  to 
give  such  aid  towards  the  construction  of  the  Susquehanna  Railroad,  from 
Bridgeport  towards  Sunbury  and  Williamsport,  on  the  Susquehanna  river, 
as  they  might  deem  expedient,  either  by  lending  to  the  said  Susquehanna 
Railroad  Company,  or  to  the  York  and  Cumberland  Railroad  Company,  the 
stock  or  bonds  of  the  said  city,  on  condition  that  tlxe  said  railroad  companies 
paid  the  interest  on  such  stock  or  bonds  until  the  time  when  the  said  Sus- 
quehanna Railroad  should  be  completed  and  opened  from  its  southern  termi- 
nus to  Williamsport,  or  by  a  guaranty  of  the  bonds  of  the  said  Susquehanna 
or  York  and  Cumberland  Railroad  Company,  for  the  purpose  aforesaid ; 
and  the  said  Mayor  and  City  Council  were  authorized  to  receive  from  said 
York  and  Cumberland  or  Susquehanna  Railroad  Company,  such  security  as 
might  seem  most  advisable,  to  idemnify  the  corporation  of  Baltimore  against 
any  loss,  either  of  the  interest  or  principal  of  the  liability  which  might  be 
incurred  by  said  corporation  for  the  construction  of  said  Susquehanna  Rail- 
road ;  the  amount  of  said  guaranty  or  loan  not  to  exceed  the  sum  of  five 
hundred  thousand  dollars. 

1854,  c  260,  entitled  an  act  to  provide  for  the  sale  of  the  interest  of  the 
State  of  Maryland  in  the  Baltimore  and  Susquehanna  Railroad  Company, 
and  for  the  completion  of  the  Northern  Central  Railway,  from  tide-water  in 


934  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

suance  of  an  ordinance  of  the  said  Mayor  and  City  Council 
passed  on  the  I'Tth  day  of  June,  in  the  year  1852,  entitled 
an  ordinance  to  guarantee  the  bonds  of  the  York  and  Cum- 
berland Railroad  Company.     In  testimony  whereof, , 

Mayor  of  the  said  City,  hath  hereto  subscribed  his  name 
and  caused  the  corporate  seal  of  the  Mayor  and  City  Council 

of  Baltimore  to  be  hereto  aiSxed,  on  this day  of 

in  the  year  eighteen  hundred  and  fifty 

[seal.]  ,  Mayor. 

the  city  of  Baltimore,  to  Sunbury,  in  the  State  of  Pennsylvania,  and  for 
vesting  certain  powers  to  that  end  in  the  Mayor  and  City  Council  of  Balti- 
more, enacts : 

4.  That  the  Mayor  and  City  Council  are  hereby  authorized  and  empow- 
ered to  transfer  all  the  interest  of  the  said  Mayor  and  City  Council,  whether 
in  the  form  of  bond,  mortgage,  stock  or  other  interest  in  the  Baltimore  and 
Susquehanna  Railroad  Company,  to  the  York  and  Cumberland  Railroad 
Company,  whenever  the  said  York  and  Cumberland  Railroad  Company 
duly  authorized  thereto  shall  have,  under  the  corporate  seal  of  the  said 
company,  assented  to  and  accepted  the  provisions  of  an  Act  entitled  an  Act 
to  authorize  the  consolidation  of  the  Baltimore  and  Susquehanna  Railroad 
Company  with  the  York  and  Maryland  Line  Railroad  Company,  the  York 
and  Cumberland  Railroad  Compan}'-,  and  the  Susquehanna  Railroad  Com- 
pany, by  the  name  of  the  Northern  Central  Railway  Company,  it  being 
expressly  understood  that  the  said  transfer  is  upon  the  sole  condition  that 
the  said  Baltimore  and  Susquehanna  Railroad  Company,  and  the  several 
companies  herein  mentioned,  shall  fully  agree  upon  the  consolidation  of  the 
said  companies  aforesaid,  upon  terms  to  be  by  them  agreed  upon,  otherwise 
to  be  of  no  force  and  effect ;  and  the  said  Mayor  and  City  Council  of  Balti- 
more are  further  authorized  and  empowered  to  make  any  subscription  they 
may  think  expedient  or  proper  to  the  stock  of  said  consolidated  company, 
not  exceeding  the  amount  of  five  hundred  thousand  dollars,  or  to  make  any 
loan  to  that  amount  to  said  company,  and  to  issue  the  bonds  of  the  corpora- 
tion therefor,  with  interest,  payable  at  any  time  after  the  year  1880,  and  to 
deliver  said  bonds  to  said  company  at  par,  in  payment  of  said  stock  or  loan, 
the  amount  thereof  to  be  appropriated  by  said  company  in  such  manner  as 
the  said  Mayor  and  City  Council  of  the  city  of  Baltimore  may  direct ;  or 
instead  of  such  loan,  the  said  Mayor  and  City  Council  are  hereby  authorized 
to  make  such  disposition  of  the  stock  heretofore  subscribed  by  the  corpora- 
tion of  the  city  of  Baltimore  in  the  Baltimore  and  Susquehanna  Railroad 
Company,  and  also  of  the  debt  heretofore  contracted  by  the  said  company 
to  the  city  of  Baltimore,  as  the  said  Mayor  and  City  Council  may  judge 
conducive  to  the  public  interest,  and  also  to  give  their  assent  to  any  pro- 


Stocks,  Loans  and  Finance.  935 

Article  XL VI. — Ordinances. 

Before  the  said  Register  shall  deliver  to  the  said  York  and  iwd,  8.2. 
Cumberland  Hailroad  Company  the  bonds  or  certificates  of  Register, 
loan  so  guaranteed  by  the  Mayor  and  City  Council  of  Balti- 
more, he  shall  be  satisfied  by  the  delivery  to  him  of  a  certifi- 
cate of  the  president  and  treasurer  of  the  said  Susquehanna 
Railroad  Company,  of  the  subscription  to  the  capital  stock  of 
the  said  company  of  ten  thousand  shares,  amounting  when 
fully  paid,  to  five  hundred  thousand  dollars,  by  the  said  York 
and  Cumberland  Railroad  Company,  and  also  the  delivery  by 
said,  York  and  Cumberland  Railroad  Company  of  a  good  and 
suflBcient  deed,  pledging  the  property  of  said  company  and 
the  capital  stock  subscribed  by  said  company  to  the  said  Sus- 
quehanna Railroad  Company,  for  the  payment  of  said  bonds 
or  certificates  of  loan,  and  the  interest  thereon,  according  to 
their  tenor,  in  which  deed  there  shall  be  a  proviso  that  the 
Mayor  and  City  Council  of  Baltimore,  having  first  obtained 
authority  from  the  Legislature  of  Maryland  so  to  do,  may,  at 
any  time  prior  to  the  payment  of  the  principal  of  said  bonds, 
elect  to  take  stock  at  par  in  the  said  Susquehanna  Railroad 
Company  to  the  amount'  of  bonds  or  certificates  of  loan  so 
guaranteed,  or  any  part  thereof;  the  Mayor  and  City  Council 
of  Baltimore  in  that  event  releasing  the  said  York  and  Cum-  Release, 
berland  Railroad  Company  from  all  liability,  and  guar&ntee- 

ceedings  that  may  be  considered  advisable  for  making  said  stock  and  debt, 
or  any  part  thereof,  available  for  the  completion  of  the  road  of  the  said 
consolidated  company  to  Sunbury  or  to  tide-water. 

Ordinance  No.  57,  June  21,  1854,  provides,  that  the  Northern  Central 
Railway  Company,  (formed  by  the  consolidation  of  the  Baltimore  and 
Susquehanna  Railroad  Company  with  the  York  and  Maryland  Line  Rail- 
road Company,  the  York  and  Cumberland  Railroad  Company,  and  the 
Susquehanna  Railroad  Company,  under  the  Act  of  1854,  c.  250,)  shall  con- 
form and  make  good  to  the  Mayor  and  City  Council,  all  the  security 
stipulated  for  by  the  provisions  of  ordinance  No.  44,  approved  June  17,  1852, 
and  No.  76,  approved  July  22d,  1852,  relative  to  the  guarantee  of  the  bonds 
of  the  York  and  Cumberland  Railroad  Company,  and  that  notliing  herein 
contained  shall  be  construed  to  release  or  impair  the  security  which  the  city 
of  Baltimore  now  holds  as  indemnity  for  the  guarantee  of  the  said  bonds. 


936  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

ing  said  company  from  all  loss  on  account  of  the  said  bonds, 
or  such  amount  thereof  as  corresponds  to  the  amount  of  stock 
80  elected  to  be  taken,  assuming  the  payment  of  the  same  in 
the  hands  of  third  parties,  without  recourse  thereafter  for 
principal  or  interest  to  the  said  York  and  Cumberland  Rail- 
road Company. 

Ibid,  8. 3,  The  non-payment  by  the  said  York  and  Cumberland  Rail- 

Faith  of  city     road  Company  of  the  interest,  or  any  part  thereof,  on  the  said 

pledged. 

bonds  or  certificates  of  loan,  or  any  of  them,  is  hereby  recog- 
nized as  giving  an  instant  claim  for  the  payment  thereof  by 
the  Mayor  and  City  Council  of  Baltimore,  and  the  faith  of  the 
said  Mayor  and  City  Council  is  hereby  solemnly  pledged  to 
take  all  such  steps  as  may  be  necessary  to  enable  them  to  meet 
without  delay  the  liabilities  incurred  by  them  by  the  guaran-, 
tee  hereby  authorized,  under  the  power  given  to  them  by  the 
Act  of  Assembly  of  Maryland  aforesaid,  and  for  that  purpose, 
should  the  Council  not  be  in  session,  the  Mayor  shall  convene 
the  same  forthwith,  to  the  end  that  the  holders  of  the  said 
bonds  or  certificates  of  loan  may  be  subjected  to  no  avoidable 
delay  in  the  punctual  payment  of  the  principal  and  interest 
thereof,  according  to  their  tenor. 

No.  76,  July  22,      Beforc  thc  Register,  as  required  by  the  second  section  of  the 
Register.  abovc  Ordinance  to  which  this  is  a  supplement,  shall  deliver 

to  the  York  and  Cumberland  Railroad  Company  the  bonds  or 
certificates  of  loan,  as  required  by  the  said  ordinance  to  be 
guarantied  by  the  Mayor  and  City  Council  of  Baltimore,  he 
shall  receive  from  the  said  York  and  Cumberland  Railroad 
York  &  c.  R.    Company  a  good  and  sufficient  deed  or  deeds,  pledging  the  pro- 
deed.'  perty  of  the  said  company  for  the  payment  of  the  said  bonds 
or  certificates  of  loan  and   the  interest  thereon,  according  to 
Covenant.        their  tcnor,  in  which  deed  or  deeds  there  shall  also  be  a  cove- 
nant on  the  part  of  the  said  York  and  Cumberland  Railroad 
Company,  to   hold  for  the  use  of  the  city  of  Baltimore,  as 
further  security  to  the  city  of  Baltimore  for  the  guarantee  of 


Stocks,  Loans  and  Finance.  937 

Article  XL VI.— Ordinances. 

the  said  bonds  or  certificates  of  loan,  any  securities  which  the 
said  York  and  Cumberland  Railroad  may  or  shall  obtainjfrom 
the  Susquehanna  Railroad  Company,  for  the  loan  of  the  said 
bonds  or  certificates  of  loan,  or  the  proceeds  thereof,  to  the 
said  Susquehanna  Railroad  Company  ;  and  in  like  manner  to 
hold,  for  the  use  of  the  city  of  Baltimore,  as  security  as  afore- 
said, any  stock  in  the  said  Susquehanna  Railroad  Company, 
which  the  said  York  and  Cumberland  Railroad  Company  may 
at  any  time  receive,  upon  a  subscription  or  transfer  founded 
upon  the  bonds  or  certificates  guarantied  by  the  city,  or  the 
proceeds  thereof,  whether  said  stock  shall  have  been  originally 
subscribed  by  said  York  and  Cumberland  Railroad  Company, 
or  obtained  in  commutation  of  any  loan  made  by  said  York 
and  Cumberland  Railroad  Company,  to  the  said  Susquehanna 
Railroad  Company ;  it  being  the  intent  and  purpose  of  this 
ordinance  to  recognize  the  right  and  power  of  the  York  and 
Cumberland  Railroad  Company  to  appropriate,  at  their  pleas- 
use,  the  said  bonds  or  certificates  of  loan  guarantied  by  the 
city,  or  the  proceeds  thereof,  either  in  loaning  the  same  to  the 
said  Susquehanna  Railroad  Company  on  such  terms  and  con- 
ditions as  the  said  York  and  Cumberland  Railroad  Company 
may  think  fit,  taking  good  security  for  such  loan,  and  reserv- 
ing the  right  to  convert  the  same  into  stock  ;  or  in  making  a 
subscription  to  the  stock  of  the  said  Susquehanna  Railroad 
Company,  or  in  purchasing  such  stock  whenever  they  may 
think  it  expedient  to  do  so ;  the  said  securities  for  the  loan, 
and  the  said  stock  when  acquired,  being,  as  herein  above  di- 
rected, to  be  held  by  the  said  York  and  Cumberland  Railroad 
Company  as  further  or  additional  security  to  the  city  of  Balti- 
more, for  the  guarantee  of  the  bonds  or  certificates  of  loan  as 
aforesaid. 

As  a  condition  precedent  to  the  guarantee  of  the  said  bonds  iwd,  s.  2. 
or  certificates  of  loan  of  the  said  York  and  Cumberland  Rail-  condition  of 
road  Company  in  the  manner  prescribed  in  the  first  section  Qf  *"""* 


938  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

the  ordinance  to  which  this  is  a  supplement,  the  said  Susque- 
hanna Railroad  Company  shall  enter  into  a  permanent  con- 
tract, in  writing,  with  the  said  York  and  Cumberland  Railroad 
Company,  a  duplicate  copy  of  which  contract  shall  be  lodged 
with  the  Register  before  the  said  bonds  or  certificates  of  loan, 
or  any  part  thereof,  shall  be  guarantied  by  the  city,  under  the 
corporate  seal  of  the  said  Susquehanna  Railroad  Company, 
that  no  discrimination  in  tolls,  the  rates  of  transportation  or 
passenger  fare,  or  in  the  management  or  working  of  said  Sus- 
quehanna Railroad  Company,  shall  or  will  be  made  of  a  char- 
acter to  prejudice  or  impair  the  interest  of  the  said  York  and 
Cumberland  Railroad  Company,  or  to  divert  trade  or  travel 
from  the  city  of  Baltimore. 

Ibid,  s.  3.  The  bonds  or  certificates  of  loans  as  provided  (by  the  first 

Condition  of     scction  of   Ordinance  No.  44,  June  17,  '52,  to  which  this  is 

bonds.  7  7  7 

a  supplement)  to  be  issued  by  the  said  York  and  Cumberland 
Railroad  Company,  for  a  sum  not  exceeding  in  the  aggregate 
five  hundred  thousand  dollars,  and  to  be  guarantied  by  the 
Mayor  and  City  Council  of  Baltimore,  shall  be  issued  in  sums 
of  five  hundred  or  one  thousand  dollars,  (interest  payable 
half  yearly  on  the  first  day  of  January  and  July,)  and  also 
upon  condition  that  said  bonds  or  certificates  of  loan  shall 
not  be  sold  or  disposed  of  by  said  York  and  Cumberland  Rail- 
road Company,  or  said  Susquehanna  Railroad  Company,  at 
less  than  par  ;  and  said  Register  shall  open  upon  his  stock  book 
a  separate  account  of  the  bonds  or  certificates  aforesaid,  and 
make  a  report  of  the  same  to  the  Mayor  and  City  Council 
aforesaid  at  their  regular  annual  sessions ;  and  so  much  of 
the  second  section,  and  all  such  part  or  parts  of  the  said  ordi- 
nance to  which  this  is  a  supplement  as  are  inconsistent  with 
the  provisions  of  this  supplement  are  hereby  repealed. 

NORTHWESTERN  VIRGINIA  RAILROAD. 
No.  21,  Mar.  14,      40.     The  Commissioners  of  Finance  are  hereby  authorized 
and  empowered,  in   their  discretion,  to  exchange  any  of  the 


Stocks,  Loans  and  Finance.  939 

Article  XL VI. — Ordinances, 
stocks  held  in  the  Northwestern  Virginia  sinking   fund,  to  commissioners 

°  °  of  Finance  to 

Wit — the  consolidated  loan  of  1890  and  the  City  Hall  stock  of  "ch»nfes'?cks 

•'  for  bonds  of  Co. 

1900,  for  bonds  of  the  Northwestern  Virginia  Railroad  Com- 
pany, endorsed  and  guarantied  by  the  Mayor  and  City  Council 
of  Baltimore,  to  mature  on  the  first  day  of  January,  1873,  as 
the  same  may  be  presented  to  them:  and  to  sell  any  and  so  To  sen  stocks 

■'  ^  '  ...       to  provide  for 

much  of  said  stocks  as  may  be  required  to  provide  funds  for  j^ae^pt'on  of 

J  T.  r  bonds  outstand- 

the  redemption  of  the  whole  amount  of  said  bonds  which  may  '"*• 
be  outstanding  on  said  first  day  of  January,  1873.* 

*  By  Resolution  No.  75,  April  23,  '64,  the  Commissioners  of  Finance  were 
authorized  to  sell  the  entire  claim  of  the  city  of  Baltimore  against  the  North- 
western Virginia  Railroad  Company,  for  a  sum  not  less  than  $1,100,000 — 
$100,000  to  be  paid  cash ;  the  balance  to  be  paid  at  a  period  not  later  than 
December  1, 1872,  with  interest  to  commence  January  1, 1864,  and  to  be  paid 
semi-annually  on  or  before  the  first  day  of  January  and  July  in  each  year, 
and  with  all  necessary  stipulations  to  secure  an  early  completion  of  said 
road,  and  of  a  bridge  to  connect  it  with  the  Marietta  and  Cincitmati  Railroad. 
The  city's  interest  was  sold  July  22,  '64,  to  Baltimore  and  Ohio  Railroad  Com- 
pany, for  $1,200,000,  under  propositions  and  agreements,  in  report  of  Com- 
missioners of  Finance,  August  25,  '64. 

1852,  c.  146,  authorized  the  Mayor  and  City  Council  to  give  such  aid  to 
the  Northwestern  Railroad  Company  of  Virginia,  as  they  may  deem  expedient, 
either  by  lending  to  the  said  railroad  company  the  stock  or  bonds  of  said 
city,  on  condition  that  the  said  railroad  company  shall  pay  the  interest  on 
such  stock  or  bonds,  until  the  time  when  the  said  rkilroad  shall  be  completed 
and  opened  to  tlie  Ohio  river,  or  by  a  guaranty  of  the  bonds  of  the  said 
railroad  company ;  provided,  however,  tbat  the  amount  for  which  the  said 
city  shall  be  responsible  shall  not  exceed  the  sum  of  one  million  five  hun- 
dred thousand  dollars;  and  that  to  enable  the  said  Mayor  and  City  Council 
to  meet  the  liability  to  be  incurred  by  them  for  principal  or  interest,  under 
the  authority  hereby  conferred  on  them,  they  are  emjxiwered  hereby,  over 
and  above  any  existing  privilege  to  raise  money  heretofore  imposed  upon 
them,  to  borrow  any  amount  of  money  not  exceeding  one  million  and  a-half 
of  dollars  from  such  persons,  on  such  terms  and  for  such  length  of  time  as 
they,  the  said  Mayor  and  City  Council,  from  time  to  time,  may  find  conve- 
nient and  expedient  for  the  accomplishment  of  the  purposes  contemplated 
by  this  act;  and  that  the  said  Mayor  and  City  Council  are  hereby  authorized 
and  empowered,  in  addition  to  any  power  of  taxation  heretofore  vested  in 
them,  to  levy  upon  the  assessable  property  within  the  limits  of  the  city,  or 
collect  by  tax,  according  to  the  usual  mode  of  raising  money  by  taxation  in 
the  city,  any  sum  or  sums  of  money  which  may  be  necessary  to  pay  and 
discharge  the  principal  and  interest  of  any  loan  or  loans  which  may  be  ob- 


940  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

PITTSBURG  AND  CONNELLSVILLE  RAILROAD. 
No.  47,  Apr.  16,      41.     Whenever  the  Baltimore  and  Ohio  Railroad  Company 

'75.  •  •    • 

Agreement  of    shall  Stipulate  and  agree  by  a  proper  instrument  in  writmg, 
ohioR.  R  Co.   signed  and  executed  by  its  president  or  president  jpro  tempore^ 

to  pay  to  Mayor  .  i      n  i  j 

and  City  coun    and  Under  its  corporate  seal,  in  such  form  as  shall  be  approved 

cil  on  or  before  ^  '  '  * 

onlmniion*'of    ^J  *^®  ^^^^  Counsclor  or  City  Solicitor,  to  pay  to  the  Mayor  and 
dollars.  Q-^^  Council  of  Baltimore,  on  or  before  July  1, 1900,  one  mil- 

lion of  dollars  in  current  money  of  the  United  States,  in  man- 
Amount  of  ner  follovs^ing,  that  is  to  say  :  forty  thousand  dollars  in  current 
wheTtobe"      moucy  of  the  United  States  on  the  first  day  of  July  in  each 

made.  _ 

and  every  year  after  the  year  eighteen  hundred  and  seventy-five, 
until  the  first  day  of  July  in  the  year  eighteen  hundred  and 
ninety-nine,  inclusive  of  said  year ;  and  then  upon  the  first 
day  of  July,  in  the  year  nineteen  hundred,  so  much  of  said 
one  million  of  dollars  as  may  then  remain  unpaid,  in  current 
Interest  to  be    money  as  aforesaid,  and  in  the  meantime  to  pay  interest  on  so 

paid  semi-au-  ^        {>        •  3  •ii-iii  •  'j 

nuaUyinde-     much  01  Said  ouc  million  dollars  as  may  remain  unpaid,  semi- 

ferred  pay- 

ments.  annually,  on  the  first  days  of  July  and  January  in  each  and 

every  year  during  said  period  of  time,  and  to  make  payment 

of  the  first  semi-annual  instalment  of  said  interest  on  the  first 

day  of  July,  eighteen  hundred  and  seventy-five,  and  shall  exe- 

To  execute  a     cutc  a  mortgage  approved  by  the  said  City  Counselor  or  City 

cure  payment    SoHcitor  of  all  its  real  and  personal  estate,  tolls  and  revenues, 

of  principal 

sums  and  inter-  to  sccurc  the  payment  of  the  principal  sum  so  agreed  to  be 
paid,  and  of  the  interest  thereon,  and  the  payment  of  the  said 
annual  sums  hereinbefore  provided  to  be  paid  at  the  times  when 
the  said  principal  sum,  and  the  interest  thereon,  and  said  an- 
nual sums  are  respectively  due  and  payable,  and  when  meetings 

tained  by  the  said  Mayor  and  City  Council  in  pursuance  of  this  act.  Ordi- 
nance No.  40,  June  S,  1852,  was  passed  in  conformity  with  this  enabling 
act. 

By  1852,  c.  307,  the  B.  &  O.  R.  R.  Co.  was  authorized,  under  certain  con- 
ditions, to  lend  their  aid  or  credit  to  the  N.  W.  V.  R.  R.  Co.  See  Mayor,  t&c 
V.  B.  &  0.  R.  B.  Co.,  21  Md.  53. 


Stocks,  Loans  and  Finance.  941 

Article  XL VI. — Ordinances. 

of  the  stockholders  of  the  said  Baltimore  and  Ohio  Railroad 
Company,  and  of  the  said  Pittsburg  and  Connellsvile  Railroad 
Company,*  shall  have  been  called  by  the  respective  directors 
thereof,  at  such  times  and  places,  and  in  such  manner  as  said 
respective  directors  shall  designate ;  and  when  the  holders  of 
at  least  two-thirds  of  the  atock  of  said  respective  companies, 
represented  at  such  respective  meetings,  in  person  or  by  proxy, 
and  voting  thereat,  shall  have  assented  to  such  agreement  and 
mortgage,  then  the  Mayor  of  the  City  of  Baltimore  shall  be,  when  the  May 
and  he  is  hereby,  authorized  and  directed,  upon  receiving  the  council, author- 

■^ '  '      ^  "  ited  to  make 

said  agreement  and   mortgage,  executed  and   assented  to  as  co°g*,°si*\;.^ 
aforesaid,  to  execute,  acknovledge  and  deliver,  in  the  name  ^*"ciaiin"»cl, 
and  on  behalf  of  the  Mayor  and  City  Council  of  Baltimore,  to  city  dmi^cli  in 
the  said  Baltimore  and  Ohio  Railroad  Company,  a  conveyance  Pitwburgand 

^  ]  ''  CounellsviUe 

and  assignment  of  all  the  estate,  interest  and  claims  of  the  said  ^'  ^  t^o- 
Mayor  and  City  Council  of  Baltimore,  as  bondholder,  creditor 
or  otherwise,  in,  to  or  against  the  said  Pittsburg  and  Connells- 
ville  Railroad  Company,  and  in,  to  or  against  the  property  of 
said  railroad  company ;  and  shall  assign  and  deliver  up  to  the 
said  Baltimore  and  Ohio  Railroad  Company  all  the  evidences 
of  debt,  interest  in,  or  claims  against  the  said  Pittsburg  and 
Connellsville  Railroad  Company  by  the  Mayor  and  City  Coun- 
cil of  Baltimore,  owned  or  held  ;  provided,  however,  that  the 
said  agreement  in  writing,  hereinbefore  provided  to  be  made 
by  the  said  Baltimore  and  Ohio  Railroad  Company,  and  the 
said  mortgage  hereinbefore  provided  to  be  executed  by  the  said 
company,  shall  not  be  executed  or  received,  and  the  conveyance 

*  This  ordinance  recites,  that  it  is  necessary  that  further  aid  should  be 
extended  in  order  to  complete  the  construction  of  tlie  Pittsburg  and  Con- 
nellsville Railroad,  and  that  the  Baltimore  and  Ohio  Railroad  Company  is 
willing  to  extend  such  aid,  provided  it  can,  before  so  doing,  be  protected 
against  the  claims  of  the  Mayor  and  City  Council  of  Baltimore,  upon  and 
against  the  said  Pittsburg  and  Connellsville  Railroad  Company. 

The  Act  of  1872,  c.  400,  changed  the  name  of  this  corporation,  (incorpor- 
ated by  Act  of  1853,  c.  88,)  to  the  Pittsburg,  "Washington  and  Baltimore 
Railroad  Company. 


942  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

and  assignment  hereinbefore  provided  for  to  be  made  by  the 

Mayor  of  the  City  of  Baltimore,  on  behalf  of  the  Mayor  and 

Public  notice  of  Citv  Council  thereof,  shall  not  be  executed  until  public  notice 

sale  to  be  given.  ' 

shall  have  been  first  given  of  such  proposed  sale  by  the  publi- 
cation of  this  ordinance  in  one  or  more  of  the  public  news- 
papers of  the  city  of  Baltimore,  at  least  once  a  week  for  three 
successive  weeks,  before  the  execution  of  the  agreement  and 
mortgage  hereinbefore  provided  to  be  made  by  the  said  Balti- 
more and  Ohio  Railroad  Company. 

Ibid,  3. 2.  The  interest  on  the  said  one  million  of  dollars,  and  the  said 

Interest  on  the  Several  annual  payments  so  provided  to  be  paid  under  the  said 

one  million 

dollars  and  the   agreement  and   mortgage,  shall,  if  the  said   affreeraent   and 

several  annual        "  00^7  o 

Fnve"fe'd!n°the  ^lortgagc  are  executed  and  accepted  as  hereinbefore  provided, 
the^cuy.^*""*  be  invested,  as  the  same  are  paid,  in  the  public  debt  of  the 
city  of  Baltimore;  and  the  balance  of  said  one  million  of 
dollars  therein  and  thereby  stipulated  to  be  paid  shall  also  be 
invested,  when  the  same  is  paid,  in  the  public  debt  of  the  city 
of  Baltimore. 

Ibid,  8. 3.  The  right  is  hereby  reserved  to  the  said  Baltimore  and  Ohio 

Right  reserved  Railroad  Compauy  to  pay  and  discharge  said  mortgage  debt  of 

to  B.  &  O.  R.  R. 

Co.  to  discharge  ouc  milHou  of  dollars,  or  so  much  thereof  as  may  remain  un- 

wanrtgAge  debt  '  •' 

upo°n  giving"'^  P^^^'  ^^  ^^y  ^^"^^  before  the  maturity  thereof,  upon  its  giving 
nou'ce'in^writ-  sixty  days'  prior  noticc  in  writing  of  its  intention  so  to  do; 
°^'  and  upon  payment  of  the  remainder  of  the  principal  of  said 

mortgage  debt,  and  of  all  arrears  of  interest,  and  of  a  propor- 
tion of  the  interest  accruing  upon  said  mortgage  debt  to  the 
date  of  the  full  payment  thereof,  it  shall  be  the  duty  of  the 
Mayor  of  the  City  of  Baltimore,  for  the  time  being,  in  the 
name  and  on  behalf  of  the  Mayor  and  City  Council  of  Baltimore, 
to  execute  and  deliver  to  the  said  Baltimore  and  Ohio  Railroad 
Company  a  release  of  the  mortgage  hereinbefere  provided  for, 
and  to  cancel  and  deliver  up  the  agreement  secured  thereby. 


Note. — 1853,  c.  269,  authorized  the  Mayor  and  City  Council  to  give  such 
aid  to  the  Pittsburg  and  Connellsville  Railroad  Company  as  they  may  deem 


Stocks,  Loans  and  Finance.  943 

Article  XL VI. — Ordinances. 


UNION  RAILROAD. 

42.     Whenever  the  Comptroller  of  the  City  shall  be  satis-  No.  n,  June  u, 
fied  that  the  sum  of  one  hundred  and  fifty  thousand  dollars  Amount  stock 

subscribed. 

has  been  bona  fide  subscribed,  and  the  instalments  thereon 
duly  paid  as  part  of  the  capital  stock  of  the  Union  Railroad 
Company,  as  provided  in  the  Act  of  Assembly,  passed  at 
January  session  of  186fi,  and  amended  at  January  session  of 
1867,  for  the  purpose  of  constructing  a  railroad  from  a' point 
near  Owings'  Mills,  on  the  line  of  the  Western  Maryland 
Railroad,  to  tide-water  at  Canton,  together  with  a  lateral 
road  to  the  city  of  Baltimore  connecting  therewith,  and 
whenever  the  Mayor,  Comptroller  and  Register  shall  be  sat- 

expedient,  either  by  lending  to  the  said  railroad  company  the  stock  or  bonds 
of  the  said  city,  on  condition  that  the  said  railroad  company  shall  pay 
the  interest  on  such  stock  or  bonds  until  the  time  when  the  said  railroad 
shall  be  completed  and  opened  from  Pittsburg,  in  Pennsylvania,  to  Cumber- 
land, in  Maryland,  or  by  a  guarantee  of  the  bonds  of  the  said  railroad  com- 
pany ;  provided,  however,  that  the  amount  for  which  the  said  city  shall  be 
responsible,  shall  not  exceed  the  sum  of  one  million  dollars ;  and  that  to 
enable  the  said  Mayor  and  City  Council  to  meet  the  liability  to  be  incurred 
by  them  for  principal  or  interest,  under  the  authority  hereby  conferred  on 
them,  they  are  empowered  hereby,  over  and  above  any  existing  privilege  to 
raise  money  heretofore  imposed  upon  them,  to  borrow  any  amount  of  money 
not  exceeding  one  million  dollars,  from  such  persons,  on  such  terms,  and  for 
such  length  of  time,  as  they,  the  said  Mayor  and  City  Council,  from  time  to 
time,  may  find  convenient  and  expedient  for  the  accomplishment  of  the 
purposes  contemplated  by  this  act ;  and  that  the  said  Mayor  and  City  Coun- 
cil are  hereby  authorized  and  empowered,  in  addition  to  any  power  of  taxa- 
tion heretofore  invested  in  them,  to  levy  upon  the  assessable  property  within 
the  limits  of  the  city  of  Baltimore,  or  collect  by  tax,  according  to  the  usual 
mode  of  raising  money  by  taxation  in  said  city,  any  sum  or  sums  of  money 
which  may  be  necessary  to  pay  and  discharge  the  principal  and  interest  of 
any  loan  or  loans  which  may  be  obtained  by  the  said  Mayor  and  City 
Council  of  Baltimore  in  pursuance  of  this  act. 

Ordinance  No.  74,  June  24,  1853,  was  passed  in  conformity  with  this 
enabling  act.  The  subsequent  ordinances  relating  to  this  subject  are  No.  29, 
June  10,  1856;  No.  22,  April  21,1858;  No.  7,  February  18, 1865 ;  No.  16, 
March  13,  1868;  No.  32,  May  5, 1868;  No.  107,  June  19,  1871,  and  No.  48, 
April  13,  1873. 


944 


Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


isfied  that  the  president  and  directors  of  said  Union  Eailroad 
Company  have  entered  into  a  contract  with  responsible 
parties,  and  the  work  of  constructing  said  railroad  has 
actually  been  commenced  in  conformity  with  the  ninth 
When  to  guar-  scction,  as   amended,   of  said  Act  of  Assembly,*  then  the 

antee  bonds  of  ■•       n     ^         -»/r 

Eegister  of  the  City  with  the  approval  oi  the  Mayor,  shall 


company. 


Ibid,  8.  2. 
Mortgage. 


guarantee  the  bonds  of  the  Union  Railroad  Company  of 
Baltimore,  as  provided  and  stipulated  by  this  ordinance  in 
the  name  of  the  Mayor  and  City  Council  of  Baltimore,  to  an 
amount  not  exceeding  in  the  whole  five  hundred  thousand 
dollars. 

Before  any  bonds  are  guarantied  by  the  Register  as  herein 
provided,  the  Union  Railroad  Company  of  Baltimore  shall 
execute  a  good  and  sufficient  mortgage  to  the  Mayor  and  City 
Council  of  Baltimore,  covering  all  the  present  and  hereafter 
to  be  acquired  estate,  p-operty  and  effects  of  the  said  com- 
pany, together  with  its  present  and  prospective  tolls  and  rev- 


*  1866,  c.  119,  sec.  9,  as  amended  by  the  Act  of  1867,  c  74,  is  as  follows : 
The  president  and  directors  of  said  company  shall  be  invested  with  all  the 
rights  and  powers  necessary  to  the  construction  and  repair  of  a  railroad 
from  some  point  on  the  Western  Maryland  Railroad  at  or  near  O  wings'  Mills, 
by  way  of  Powhatan  and  Wetheredville,  to  the  city  of  Baltimore,  west  of 
Charles  street,  and  also  from  some  point  on  said  Union  railroad  to  tide-water 
at  Canton,  in  Baltimore  city,  or  county,  or  either,  with  power  to  cross  over, 
upon  or  under  any  other  railroad,  street  or  highway  of  any  character  what- 
ever, together  with  any  lateral  railroad  to  the  city  of  Baltimore,  connecting 
therewith,  with  as  many  sets  ot  tracks  as  may  be  deemed  necessary,  not  ex- 
ceeding sixty-six  feet  wide  for  the  graded  surface  of  said  road  or  roads,  and  the 
said  president  and  directors,  or  a  majority  of  them,  may  make  any  contract,  or 
contracts,  to  be  made  between  said  company  and  any  person  or  persons  for  the 
construction  of  the  whole  or  any  parts  of  such  works,  and  said  company  or 
agents  may  enter  upon  and  use  any  lands  required  for  the  construction  of 
such  road  or  roads  and  their  necessary  and  convenient  buildings  and  equip- 
ments, and  may  take  and  use  such  materials  as  may  be  required  for  the 
construction  and  repair  thereof,  according  to  the  provisions  of  the  Act  of 
1852,  c.  336,  sec.  14,  entitled,  an  Act  to  incorporate  the  Philadelphia,  Wil- 
mington and  Baltimore  Railroad  Company.  This  Act  of  1867,  c.  74,  was  re- 
pealed by  Act  of  1870,  c.  413. 


Stocks,  Loans  and  Finance.  945 

Article  XL VI. — Ordinances. 

enues  to  secure  the  payment  of  the  principal  and  interest,  in 
priority,  of  any  bonds  guarantied  by  the  said  Mayor  and 
City  Council,  and  to  indemnify  and  save  harmless  the  Mayor 
and  City  Council  such  guarantee  as  herein  provided,  said 
mortgage  to  be  approved  by  the  Mayor,  Comptroller  and 
Kegister,  or  a  majority  of  them,  and  deliver  to  the  Register. 

The  bonds  to  be  issued  under  the  provisions  of  this  ordi-  ibid,«.  3. 
nance  shall  be  of  five  hundred  dollars  or  one  thousand  dol-  DenomintUon 

.        of  bonds. 

lars  each,  payable  on  the  first  day  of  January,  1895,  with 
interest,  meanwhile,  at  the  rate  of  six  per  cent,  per  annum,  interest, 
payable  semi-anually  on  the  first  day  of  January  and  July 
in  the  city  of  Baltimore. 

The  construction  of  said  railroad  shall  commence  on  or  ibid,  a.  4. 
before  the  first  day  of  August,  1867,  and  such  route  as  to  commencem'nt 

.       ,         .         ,       •"'1  completion 

alignment  and  gradients,  shall  be  secured  as  will  be,  in  the  »« "-"'J- 

judgment  of  the  Mayor,  Register  and  Comptroller,  the  most 

direct  that  can  be  obtained  between  the  termini  and  the 

whole  road,  with  a  freight  and  passenger  depot,  west  of 

Pennsylvania  avenue,  and  depot  at  Canton,  in  the  city  of 

Baltimore,  shall  be  completed  within  three  years  thereafter ; 

and  the  said  bonds  shall  be  guarantied,  as  the  work  pro- when  bond*  to 

,       .  be  guarantied. 

greases,  in   such   proportion  as  a  majority  of  the  finance 
committee  shall  from  time  to  time  determine. 

When  the  conditions  and  provisions  of  the  foregoing  sec-  ibid,  s.  5. 
tions  are  complied  with,  the  Register  of  the  City,  with  the  conditions, 
approval  of  the  Mayor,  shall  endorse,  either  in  writing,  or 
by  causing  the  same  to  be  printed  or  engraved  upon  the  said 
bonds,  the  guarantee  of  the  Mayor  and  City  Council  of  Bal-  The  guarantee, 
timore,  to  be  signed  by  the  Mayor  and  countersigned  by  said 
Register,  with  the  corporate  seal  of  the  city  thereto  affixed, 
in  the  following  words : 

For  value  received,  the  Mayor  and  City  Council  of  Balti- Description  of 
more  do  hereby  guarantee  the  payment  of  the  within  bond 


94t6  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

of dollars,  with  the  interest  thereon  according  to  its 

tenor,  under  the  authority  of  an  Act  of  the  General  Asseni- 
hly  of  Maryland,  passed  at  January  session  of  1866,  entitled 
an  Act  to  incorporate  the  Union  Eailroad  Company  of  Balti- 
more, and  to  authorize  the  Mayor  and  City  Council  of 
Baltimore  to  endorse  the  honds  of  said  company,  and  in 
pursuance  of  an  ordinance  of  the  said  Mayor  and  City 
Couucil,  passed  on  the  11th  day  of  June,  186'7,  entitled  an 
ordinance  to  endorse  and  guarantee  the  first  mortgage  bonds 
of  the  Union  Eailroad  Company  of  Baltimore. 

In  testimony    whereof, ■,   Mayor  of    said    city, 

hereto  subscribes  his  name,  and  causes  the  corporate  seal  to 
be  hereto  affixed  on  this day  of in  the  year  eigh- 
teen hundred  and  — . ,  Mayor. 

No.  71,  May  31,      Whcreas,  by  reason  of  the  obligations  about  to  be  incurred 

'70.  .  . 

Construct  line    by  the  Mayor  and  City  Council  of  Baltimore  in  the  loan  of 

of  railway. 

its  credit  to  the  Western  Maryland  Eailroad  Company  for 
the  construction  of  a  line  of  railroad  from  0 wings'  Mills  to 
the  city  of  Baltimore,  it  has  become  inexpedient  that  the 
Union  Eailroad  Company  of  Baltimore  should  construct  its 
line  of  railway  between' the  same  points  ;  and  whereas,  the 
said  Union  Eailroad  Company  of  Baltimore  is  willing  to  re- 
linquish its  right  to  construct  all  that  part  of  its  road  lying 
west  of  a  point  on  the  line  of  the  Western  Maryland  Eail- 
road at  or  near  the  northwest  boundary  of  the  city  of  Balti- 
more, and  hath  been  authorized  so  to  do  by  an  Act  passed 
by  the  General  Assembly  at  its  last  session,*  and  in  view  of 
the  obligation  on  the  part  of  the  Mayor  and  City  Council  of 
Baltimore  to  endorse  the  bonds  of  the  said  company,  and  of 
the  endorsement-  already  made  by  it  on  the  bonds  of  the  said 
company,  it  is  important  that  the  construction  of  the  road 

*Act  of  1870,  c.  413,  which  repealed  the  Act  of  1867,  c.  74,  and  amended 
the  charter  (1866,  c.  119)  of  the  company. 


Stocks,  Loans  and  Finance.  947 

Article  XL VI. — Ordinances, 
of  the  said  comr'any  should  be  completed  as  soon  as  possible,  constmction  to 

^         "^  *•  ^         *•  be  completed  as 

and  the  company  be  placed  in  condition  to  pay  its  interest ;  soonagposaiwe. 
therefore,  this  ordinance  enacts  and  ordains  as  follows  : 

The  said  Union  Railroad  Company  of  Baltimore  is  hereby  iwd,  g.i. 
relieved  from  the  obligation  to  expend  any  of  the  proceeds  Relief  to  union 

°  ^         ^  •'        .  f.  .         Railroad  Co. 

of  the  bonds  so  to  be  endorsed  in  the  construction  of  its  line 
of  railway  west  of  the  western  limits  of  the  city  of  Balti- 
more, and  to  provide  a  depot  elsewhere  than  at  Canton  ;  and 
the  bonds  yet  to  be  endorsed  on  behalf  of  the  Mayor  and 
City  Council  of  Baltimore  shall  be  guarantied  at  such  time 
and  in  such  amounts  as  the  Commissioners  of  Finance  shall 
deem  best,  and  the  bonds  shall  be  sold  under  the  direction  Bonds  to  be  sold 

(%■,,,.  by  Commls- 

of  the  Commissioners  of  Finance,  and  the  proceeds  thereof  sioners  of  fi- 

'  '■  nance. 

furnished  to  the  company  as  the  work  progresses,  pari  passu  Pr»ce«ds. 
with  an  equal  amount  of  money  furnished  by  said  company, 
to  be  used  in  the  construction  of  the  said  Union  Kailroad, 
between  tide-water  at  Canton,  as  the  eastern  terminus,  and  Termini, 
some  point  on  the  line  of  the  Western  Maryland  Railroad, 
at  or  near  the  northwestern  boundary  of  the  city  of  Balti- 
more, as  the  western  terminus  of  the  said  Union  Railroad. 

The  mortgage  heretofore  executed  by  the  Union  Railroad  ibid,  s.a. 
Company  of  Baltimore  to  the  Mayor  and  City  Council  of  Mortgage. 
Baltimore,  shall  be  and  continue  a  lien  only  upon  that  por- 
tion of  the  line  of  said  Union  Railroad  which  shall  lie  east 
of  Belvidere  bridge,  and  the  officers  of  the  city  shall  cause 
to  be  prepared  and  executed  a  proper  and  sufficient  release  Release  in  part, 
of  said  mortgage,  in  so  far  as  the  same  may  cover  or  affect 
that  portion  of  the  line  of  said  Union  Railroad  which  may 
lie  west  of  said  Belvidere  bridge. 

Before  the  endorsement  or  guarantee  of  any  of  the  bonds  iwd,  s.  a. 
mentioned  in  the  first  section,  and  before  the  release  of  mort-  conditions, 
gage  authorized  by  the  second  section  of  this  ordinance  shall 
be  made,  all  the  Commissioners  of  Finance  shall  be  satisfied 


948  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

Precedent.  that  the  said  Union  Kailroad  Company  of  Baltimore  has  en- 
tered into  a  valid  contract,  or  valid  contracts,  to  build  said 
railroad  from  its  eastern  terminus  at  Canton  to  its  western 
terminus  at  or  near  the  northwestern  limits  of  the  city  of 
Baltimore,  and  that  said  company  has  by  stock  subscriptions, 
by  bonded  debt,  or  otherwise,  secured  the  command  of  an 
amount  of  money  sufficient,  together  with  the  proceeds  of 

Endorsement  of  the  bouds  SO  to  be  cndorscd,  to  carry  out  said  contract  or 
contracts,  and  to  complete  said  railroad  between  the  said 
termini.  And  as  a  further  condition  of  the  endorsement  of 
said  bonds,  and  of  the  disbursement  of  the  proceeds  thereof, 
the  said  Commissioners  of  Finance  shall  require  that  the 

Commencement  Said  compauy  shall  commcnce  the  work  of  building  said 
railroad  simultaneously,  and  shall  conduct  it  at  the  same 
time  and  rateably  on  the  line  on  the  west  and  on  the  line  on 
the  east  side  of  said  Belvidere  bridge. 

Ibid,  9.  4.  The  time  limited  for  the  completion  of  the  road  and  the 

Time  extended,  dcpot  at  Cauton ,  is  hereby  extended  to  the  first  day  of  Jan- 
uary, eighteen  hundred  and  seventy-three,  and  work  on  the 
construction  of  the  road  shall,  be  resumed  within  nine 
months  from  the  passage  of  this  ordinance ;  such  parts  of 
the  said  ordinance  number  forty-one,  approved  June  eleventh, 
eighteen  hundred  and  sixty-seven,  as  are  inconsistent  here- 
with are  hereby  repealed. 

No.  24,  March        Whercas,  by  an  ordinance  approved  on  the  eleventh  day 

21   '72.  '      'I  i  J- 

Preamble.  of  Junc,  1867,  [p.  943,  anifg,]  provisiou  was  made  for  the  en- 
dorsement by  the  Mayor  and  City  Council  of  Baltimore,  of 
the  first  mortgaged  bonds  of  the  said  company,  to  the  ex- 
tent of  five  hundred  thousand  dollars,  and  under  such 
authority  endorsements  were  obtained  on  bonds  to  the 
amount  of  one  hundred  and  seventeen  thousand  dollars, 
when,  it  having  been  ascertained  that  sufficient  funds  to 
complete  the  road  had  not  been  obtained,  further  endorse- 


Stocks,  Loans  and  Finance.  949 

Article  XL VI. — Ordinances. 

merits  were  refused,  and  the  Mayor  and  City  Council  re- 
mained without  security  of  any  practical  value,  and  were 
compelled  to  make  provision  for  the  payment  of  the  interest 
upon  the  bonds  so  endorsed,  until  the  year  eighteen  hundred 
and  seventy  ;  and  whereas,  during  the  year  eighteen  hun- 
dred and  seventy,  the  control  of  the  said  company  passed 
into  the  hands  of  the  present  corporators,  by  whom  the  in- 
terest has    been   promptly  met,  and   during  the  said  year 
application  was  made  for  an  endorsement  of  the  residue  of 
said  five  hundred  thousand  dollars,  under  modified  terms, 
and  provision  was  made  therefor  by  an  ordinance  approved 
May  31st,  1870;  and  whereas,  also,  under  the  anticipation 
that  the  road  of  said  company  would  be  mainly  constructed 
from  the  means  so  to  be  obtained,  the  said  company  applied 
to  the  G-eneral  Assembly  of  Maryland  at  the  January  ses- 
sion of  1870,  and  caused  to  be  passed  an  amendment  to  the 
charter  of  the  company,  under  which  the  Mayor  and  City 
Council  of  Baltimore  became  entitled  to  the  appointment  of 
such  number  of  directors  as  would  give  to  the  Mayor  and  City 
Council  of  Baltimore  a  majority  of  one  in   the  board  of 
directors,  and  became  also  entitled  to  a  controlling  vote  at 
all  corporate   meetings  ;   but  after  the  passage  of  the  last 
named  ordinance  and  act  of  assembly,  it  became  apparent 
that  the  means  to  be  derived  from  said  endorsement  would 
be  so  far  inadequate  that  the  company  was  unable  to  act  un- 
der the  ordinance,  and  has  not  obtained  any  further  endorse- 
ment, but  has  by  means  of  stock  subscription,  and  an  en- 
dorsement of  bonds  by  the  Canton  Company  of  Baltimore, 
obtained  the  sum  of  about  one  million  three  hundred  and 
eighty-three  thousand  dollars,  much  of  which  has  been  and 
is  being  expended  ;  and  whereas,  although  the  construction 
of  the  road  has  reached  an  advanced  stage,  it  is  yet  neces- 
sary to  raise  a  large  additional  sura   by  mortgage,  which 
will  be  the  third  in  order,  the  first  mortgage  being  only  for 


950  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

said  one  hundred  and  seventeen  thousand  dollars,  thus 
rendered  amply  secure  ;  and  whereas,  by  reason  of  the  terms 
of  the  charter  of  the  company,  and  as  a  result  from  the  un- 
anticipated endorsement  hy  a  corporation  other  than  the 
Mayor  and  City  Council,  the  board  of  directors  has  been 
rendered  so  large  that  the  affairs  of  the  company  cannot  be 
conducted  without  a  change,  and,  as  all  companies  can  use 
the  road  on  equal  terms,  and  as  the  city  is  now  so  amply 
secured,  it  is  deemed  just  that  the  powers  of  the  city  should 
be  reduced  and  the  company  be  restored  to  the  control  of  its 
own  affairs,  and  this  ordinance  enacts  and  ordains  as  follows : 

No.  24,  March  The  Mayor  and  City  Council  hereby  assents  to  the  passage 
Actof  Assem-  of  an  act  by  the  General  Assembly  of  Maryland*  whereby 
Power  of  Mayor  the  powcp  of  the  Mayor  and  City  Council  of  Baltimore,  in 

and  City  Coun-  '^  *'  ,.,        xT--r.-ii^ 

ciitobecon-     reference  to  the  management  of  the  Union  Railroad  Com- 

fined  to  two  di-  ° 

rectors.  pauy  of  Baltimore,  shall  be  confined  to   the  choice  of  two 

directors  in  a  board  to  be  composed  of  not  less  than  nine  nor 
more   than    thirteen   members,   the   other   members   to   be 

Right  to  vote  at  selected  as  the  said  company  may  deem  best,  and  all  right 

meetings  of  ,  pt  iiii»iit 

stockholders  re-  to  voto  at  the  meetings  of  the  stockholders  is  hereby  relin- 

linquished.  °  -^ 

Proviso.  quished  ;  provided,  however,  that  before  this  section  shall 

Company  to  ex-  be  Operative,  the  said  company  shall  execute  and  deliver  to 
liver  a  full  re-    the  Mayor  and  City  Council  of  Baltimore  a  full  release  of 

lease. 

all  further  claim  to  endorsements  by  the  Mayor  and  City 
Council  of  Baltimore,  the  form  of  such  release  to  be  approved 
by  the  City  Solicitor. 

VIRGINIA  VALLEY  RAILROAD. 
No.  59, Sept.  14,      43.     The  Commissioners  of  Finance  of  said  city  are  hereby 

8.  1,  1869.  .  .  .  .  T>        • 

Subscription  to  authorized  and  required,  in  the  name  of  the  city  of  Baltimore, 
pany.  to  subscribe  for  one  million  of  dollars  of  the  stock  of  the  Val- 

ley Railroad  Company,  in  the  State  of  Virginia  ;  and  from  time 

*TheActof  1872,  c.  119. 


Stooes,  Loans  and  Finance.  051 

Article  XLVI. — Ordinances. 

to  time,  as  may  be  required  for  the  purpose  of  paying  such 
subscription,  the  Register  of  the  City  is  hereby  authorized  and 
directed  to  issue  the  bonds  of  the  city  of  Baltimore;  the  pro-  Bonds  of  city, 
ceeds  of  the  sale  of  such  bonds  to  be  used  to  pay  the  quotas  of 
the  said  city's  subscription  to  said  stock,  as  the  same  may  be 
called  for  by  the  said  company  ;  said  bonds  to  be  issued  in  sums 
of  not  less  than  one  hundred  dollars  each,  redeemable  in  fifteen 
years,  and  bearing  interest  at  the  rate  of  six  per  cent,  per  annum, 
payable  quarterly,  and  transferable  as  other  city  bonds  are 
transferred ;  provided,,  however,  that  such  subscription  shall  Proviso, 
not  be  made  until  the  further  sum  of  two  million  two  hundred  conditions, 
thousand  dollars  shall  have  been  validly  subscribed  to  the  stock 
of  said  Valley  Railroad  Company,  either  by  the  counties  and 
towns  in  the  Valley  of  Virginia,  or  by  persons  or  corporations 
solvent  and  able  to  pay  the  amounts  of  their  respective  sub- 
scriptions ;  nor  until  at  least  thirty  per  cent,  of  the  amount  of 
every  subscription  which  shall  be  made  to  said  stock  by  in- 
dividuals or  corporations,  other  than  said  counties,  shall  have 
been  paid  in  cash  to  said  company  ;  nor  unless  at  least  one 
million  of  dollars  of  the  aforesaid  two  million  two  hundred 
thousand  dollars  shall  have  been  subscribed  by  the  said  counties 
and  towns  in  the  Valley  of  Virginia,  or  by  a  corporation  or 
persons  resident  therein,  and  solvent,  and  able  to  pay  the 
amount  of  their  respective  subscriptions ;  and  provided  further,  Proviso, 
that  no  payment  on  such  subscription  shall  be  made  until  pro- 
vision, satisfactory  to  the  said  Commissioners  of  Finance,  has 
been  made  by  said  Valley  Railroad  Company,  by  additional 
subscriptions  of  stock  or  otherwise,  for  the  means  to  construct 
and  complete  said  railroad  throughout  its  entire  length,  from 
Harrisonburg,  in  the  county  of  Rockingham,  to  Salem,  in  the 
county  of  Roanoke,  in  the  State  of  Virginia ;  and  provided  proviso, 
further,  that  the  city  of  Baltimore,  as  a  stockholder  in  said 
Valley  Railroad  Company,  shall  be  entitled  to  all  the  rights 
and  privileges  of  other  persons  and  corporations  holding  stock 
in  the  same,  and  that  no  preference  shall  be  given  or  allowed  Preference. 


953  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

by  said  company  to  any  other  stockholders  over  said  city  of 
Baltimore ;  and  provided  further,  that  said  subscription  shall 
not  be  made,  nor  said  debt  contracted,  until  the  same  be  au- 
ActofAssem-  thorizcd  by  an  act  of  the  General  Assembly  of  Maryland, 
nor  until  this  ordinance  be  approved  by  the  votes  of  a  majority 
of  the  legal  voters  of  the  city  of  Baltimore.* 


WESTERN  MARYLAND  RAILROAD. 
No.  68,  s.  1,  44.     After  the    Mayor,  Regrister  and   Comptroller  of  the 

July  23,  '60.  ,  .       ,  ./       '  »  I 

Mortgage  bonds  City,  or  a  majority  of  them,  shall  be  satisfied  that  a  first  mort- 

of  company.  '  , 

gage  has  been  duly  executed,  covering  all  the  property,  effects 
and  revenues  of  the  Western  Maryland  Railroad  Company, 
novsr  built,  or  to  be  built,  for  the  sole  purpose  of  securing  the 
principal  and  interest  of  certain  bonds  or  certificates  of  stock 
issued  by  the  Western  Maryland  Railroad  Company,  to  an 
Amount.  extent  not  greater  than  six  hundred  thousand  dollars,  and  also 

upon  the  oath  or  affirmation  of  the  president,  together  with  a 
majority  of  the  directors  of  said  Western  Maryland  Railroad 
Company,  that  such  is  the  case,  the  Register  is  hereby  author- 
ized and  required,  upon  the  presentation  to  him,  by  the  trea- 
surer of  the  said  company,  either  at  one  time,  or  from  time  to 

*  The  Act  of  1870,  c.  90,  made  it  lawful  for  the  Mayor  and  City  Council  of 
Baltimore  to  subscribe  to  one  million  of  dollars  of  the  capital  stock  of  the 
Valley  Railroad  Company,  incorporated  by  the  State  of  Virginia,  upon  the 
terms  and  conditions,  and  in  the  manner  specified  and  provided  for  in  and 
by  the  above  ordinance,  entitled  "An  ordinance  to  authorize  a  subscription 
of  one  million  of  dollars  to  the  stock  of  the  Valley  Railroad  Company,  in 
the  State  of  Virginia,  and  a  loan  to  pay  such  subscription,  or  upon  such 
other  terms  and  conditions,  and  in  such  manner  as  the  said  Mayor  and  City 
Council  may  hereafter  by  ordinance  prescribe,  but  such  subscription,  if 
made  as  herein  authorized  to  the  said  capital  stock,  shall  not  exceed  the 
said  amount  of  one  million  of  dollars ;  and  the  said  subscription  shall  not 
be  made  until  the  ordinance  authorizing  or  directing  the  same  to  be  made 
shall  be  submitted  to  the  legal  voters  of  the  city  of  Baltimore,  at  such  time 
and  places  as  are  or  may  be  fixed  by  such  ordinance,  and  be  approved  by  a 
majority  of  the  votes  cast  at  such  time  and  places."  The  ordinance  was 
submitted  and  duly  approved. 


Stocks,  Loans  and  Finance.  953 

Article  XL VI. — Ordinances. 

time,  of  the  said  bonds  or  certificates  of  loan  of  said  railroad 
company,  to  endorse  or  guarantee  the  same  for  a  sum  not  ex-  Guarantee 
ceeding  seventy-five  thousand  dollars,  as  may  suit  the  con- 
venience of  said  railroad  company,  in  sums  of  five  hundred  Amountofeach 

'^       •"  ^        bond. 

dollars  and  one  thousand  dollars  each — said  bonds  or  certifi- 
cates of  stock  being  payable  on  the  first  day  of  January,  1890,  wbenpayaWe. 
with  interest  at  the  rate  of  six  per  cent,  per  annum,  payable 
half  yearly  in  the  city  of  Baltimore,  on  the  first  day  of  Jan- 
uary and  the  first  day  of  July,  successively,  in  each  and  every 
intervening  year;  in  the  meanwhile  the  principal  and  interest 
being  secured  by  a  pledge  of  the  property  and  revenues  of  Property  piedg- 
the  said  Western  Maryland  Railroad  Company ;  and  also  a 
condition  that  the  said  bonds,  or  certificates  of  loan,  shall  not 
be  sold  or  disposed  of  by  said  company  at  less  than  par. 

Upon  the  completion  of  five  additional  miles  of  track  to  iwd, ».  2. 
that  now  laid  of  said  railroad  by  said  Western  Maryland  Rail-  Additional, 
road  Company  from  Baltimore,  in  the  direction  of  Emraetts- 
burg,  satisfactory  to  the  Mayor,  Register  and  Comptroller,  or 
a  majority  of  them,  then  in  that  case  the  Register  of  the  City 
shall,  in   the  same  manner  and   upon  the  same  conditions  as 
named  in  the   foregoing   section   of  this  ordinance,   endorse  Amount, 
twenty-five  thousand  dollars  more  of  the  said  bonds  or  certifi- 
cates of  loan  of  said  Western  Maryland  Railroad  Company. 

When  five  additional  miles  between  Baltimore  and  Eramette-  iwd.s.a. 
burg  shall  have  been  completed  and  in  operation,  to  the  satis-  Additional, 
faction  of  the  Mayor,  Register  and  Comptroller,  or  a  majority 
of  them,  the  Register  of  the  City  shall,  in  the  same  manner 
and  upon  the  same  conditions  hereinbefore  named,  and  under 
aforesaid  restrictions  contained  in   section   one  of  this  ordi- 
nance, endorse  twenty  five  thousand  dollars  additional  of  the  Amount, 
said  bonds  or  certificates  of  loan. 

When  five  additional  miles  of  track  of  said  railroad  belaid  ibid,8.4. 
between  Baltimore  and  Emmettsburg  by  said  Western  Mary-  Additional, 
land  Railroad  Company,  as  shall  be  satisfactory  to  the  Mayor, 


954 


Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


Register  and  Comptroller,  or  a  majority  of  them,  then  in  that 
case  the  Register  of  the  City  shall,  in  the  same  manner  and 
upon  the  same  conditions  as  named  in  the  first  section  of  this 
ordinance,  endorse  twenty-five  thousand  dollars  additional  of 
the  said  bonds  or  certificates  of  loan  of  said  Western  Mary- 
land Railroad  Company. 


Amount. 


Ibid,  s.  5. 
Additional. 


Amount. 


Ibid,  8.  0. 
Additional. 


Amount. 


Ibid,  8. 11. 
Par  value. 


Sinking  fund. 


When  five  additional  miles  between  Baltimore  and  Em- 
mettsburg  shall  have  been  completed  and  in  operation,  to  the 
satisfaction  of  the  Mayor,  Register  and  Comptroller,  or  a  ma- 
jority of  them,  the  Register  of  the  City  shall,  in  the  same 
manner  and  upon  the  same  conditions  hereinbefore  named,  and 
under  aforesaid  restrictions  as  contained  in  section  one,  en- 
dorse twenty-five  thousand  dollars  additional  of  the  said  bonds 
or  certificates  of  loan. 

When  five  additional  miles  of  track  of  said  railroad  be  laid 
between  Baltimore  and  Emmettsburg  by  said  Western  Mary- 
land Railroad  Company,  as  shall  be  satisfactory  to  the  Mayor, 
Register  and  Comptroller,  or  a  majority  of  them,  then  in  that 
case  the  Register  of  the  City  shall,  in  the  same  manner  and 
upon  the  same  conditions  as  named  in  the  first  section  of  this 
ordinance,  endorse  twenty-five  thousand  dollars  more  of  the 
said  bonds  or  certificates  of  loan  of  said  Western  Maryland 
Railroad  Company. 

The  proceeds  of  the  sale  of  said  bonds,  both  those  secured 
by  the  first  and  second  mortgages,  in  the  stock  market,  or  else- 
where, which  shall  not  be  disposed  of  at  less  than  par,  as 
provided  in  section  one  of  this  ordinance,  in  excess  of  eighty 
per  cent.,  shall  be  placed  in  the  hands  of  the  Register  of  the 
City,  on  account  of  the  Mayor  and  City  Council  of  Baltimore, 
to  be  by  him  held  and  invested  in  said  endorsed  bonds,  or 
other  securities  of  the  city  of  Baltimore,  as  a  sinking  fund 
for  the  security  of  the  payment  of  the  principal  and  interest 
of  said  bonds. 


Stocks,  Loans  and  Finance.  &65 

Article  XL VI. — Ordinances. 

■    The  Register's  endorsement  of   the   bonds  named  and  de- iwd,  8.12. 
scribed  in  previous  sections  of  this  act,  shall  either   be   in  Register's  en- 

^  ^  dorsement. 

writing  or  by  causing  said  endorsement  to  be  printed  or  en- 
graved upon  the  same — said  bonds  or  certificates  of  loan  of 
the  Western  Maryland  Railroad  Company,  the  guarantee  of 
the  Mayor  and  City  Council  of  Baltimore,  to  be  signed  by  corporate  seal, 
the  Mayor  of  said  city  for  the  time  being,  with  the  corporate 
seal  of  said  city  thereto  affixed,  in  the  following  words:  For 
value  received,  the  Mayor  and  City  Council  of  Baltimore  do 
hereby  guarantee  the  payment  of  the  within  bond  or  certifi- 
cate of  loan,  for  $ ,  with  interest  thereon,  according  to  its 

tenor,  in  pursuance  of  the  provisions  of  an  ordinance  of  the 
Mayor  and  City  Council,  approved  the  23d  day  of  July,  in  the 
year  1860,  entitled  an  ordinance  to  endorse  and  guarantee  a 
portion  of  the  first  mortgage  bonds  of  the  Western  Maryland 
Railroad  Company,  and  by  the  act  of  the  General  Assembly 
of  Maryland  approving  the  aforesaid  ordinance.* 

In  testimony  whereof, ,  Mayor  of  the  said  Attest. 

City  of  Baltimore,  hath  hereto  subscribed  his  name  and  caused 
the  corporate  seal  of  tlie  said  city  of  Baltimore  to  be  hereto 
aflixed  on  this day  of  ,  in  the  year  eighteen  hun- 
dred and . 

,  Mayor. 

The  coupons  attached  to  said  bonds  or  certificates  of  loan  iwd, ».  13. 
named  and  described  in  the  previous  section,  shall  be  guaran-  Guarantied, 
tied  by  endorsing  in  writing,  printing  or  engraving  thereon 
the   words :     Guarantied  by  the  Mayor  and  City  Council  of 
Baltimore.  ,  Megister. 


*  1860,  c.  20,  enacted :  that  the  Mayor  and  City  Council  of  Baltimore  are 
authorized  to  endorse  or  guarantee  the  payment  of  the  principal  and  interest 
on  the  first  mortgage  bonds  of  the  Western  Maryland  Railroad  Company 
to  an  amount  not  exceeding  in  the  aggregate  two  hundred  and  fifty  thou- 
sand dollars,  in  such  manner  and  form  as  they,  the  said  Mayor  and  City 
Council,  may  deem  best ;  and  the  Mayor  and  City  Council  may  exercise  the 
authority  hereby  granted  at  any  time  hereafter,  as  they  may  deem  proper. 


956 


Stocks,  Loans  and  Finance. 


Article  XLVI. — Ordinances. 


Faith  of  city 
pledged. 


Proviso. 


The  Register  being  authorized  to  use  a  stamp  with  a  fac 
simile  of  his  signature,  in  lieu  of  his  own  proper  signature  on 
such  coupons. 

Ibid,  s.  14.  The  non-payment  by  the  Western  Maryland  Railroad  Com- 

Non-payment,  pauy  of  the  interest,  or  any  part  thereof,  on  the  said  bonds  oi 
certificates  of  loan,  or  any  of  thoin,  thus  endorsed,  shall  be 
hereby  recognized  as  giving  an  instant  claim  for  the  payment 
thereof  by  the  Mayor  and  City  Council  of  Baltimore,  and  the 
faith  of  the  said  Mayor  and  City  Council  of  Baltimore  is 
hereby  solemnly  pledged  to  take  all  such  steps  as  are  usual  in 
such  cases,  and  as  may  be  necessary  to  enable  them  to  meet 
without  delay  the  liabilities  incurred  by  them  by  the  guaran- 
tee hereinbefore  authorized  and  confirmed  by  the  act  of  the 
General  Assembly  of  Maryland  ;  provided,  however,  that 
should  the  Register  have  proof  laid  before  him  that  any  of  the 
funds  raised  under  the  provisions  of  this  ordinance  are  being. 
or  have  been  applied  towards  paying  any  indebtedness  oi 
liabilities  of  the  said  Western  Maryland  Railroad  Company, 
incurred  previous  to  the  passage  of  this  ordinance,  (or  of  othei 
violation  of  any  provision  herein  contained,)  all  further  en- 
dorsement of  the  said  bonds  shall  be  withheld  ;  it  being  here- 
Agreement.  by  fully  Understood  and  agreed  upon,  between  the  Mayor  and 
City  Council  of  Baltimore  and  the  Western  Maryland  Rail- 
road Company,  (on  the  acceptance  by  the  said  company  of  anj; 
of  the  provisions  of  this  ordinance,)  that  the  money  raised  bj 
the  negotiation  and  sale  of  any  and  all  of  the  said  bonds,  shall 
be  solely  applied  towards  the  extension  of  the  said  railroad 
from  its  present  terminus  at  Reisterstown  to  Hagerstown, 
Further  proviso  Maryland;  and  provided  further,  that  the  said  Western  Mary 
land  Railroad  Company  shall  have  taken  the  necessary  steps 
by  which  the  city  of  Baltimore  has  become  entitled  to  have  a 
Two  ciiy  direc-  permanent  representation  of  two  members  in  the  board  ol 
*""'  directors  of  said  railroad  company ;  and  should  the  ratio  o] 

directors  be  increased  at  any  time  hereafter,  on  the  part  of  the 


Stocks,  Loans  and  Finance.  957 

Article  XL VI. — Ordinances. 

stockholders,  those  of  the  city  of  Baltimore  shall  be  increased 
in  like  proportion  ;  and  provided  further,  that  all  the  neces- Further  proriio 
sary  expenses  that  may  be  incurred  in  carrying  out  the  several 
provisions  of  this  ordinance  shall   be   promptly  paid  by  the 
Western  Maryland  Railroad  Company.* 

Upon  the  completion  of  each  mile  of  track,  additional  to  No.  73,  May  is, 
that  now  laid,  of  said  railroad  from  Union  bridge  in  the  direc-  completion  .r 
tion  of  Hagerstown,  Washington  county,  satisfactory  to  the 
Mayor,  Register  and  Comptroller  of  the  City,  or  a  majority  of 
them,  the  Register  of  the  City  shall,  in  the  same  manner  pro- 
vided in  the  ordinance  No.  68,  July  23,  1860,  of  which  this  is 
an  amendment,  for  the  endorsement  of   the   first   mortgage  Register  to  en- 

ii/>»-i'ii  1  J  dorse  the  aec- 

bonds  of  said  railroad  company,  endorse  the  second  mortgage  ond  mortgage 
bonds  of  said  railroad  company,  to  such  an  amount  that  the 
sum  of  three  hundred  thousand  dollars,  the  whole  amount  of 
such  second  mortgage  bonds  to  be  endorsed  under  the  pro- 
visions of  this  section,  shall  be  distributed  rateably  over  the 
whole  numbers  of  miles  lying  on  the  route  adopted,  between 
Union  bridge  and  the  border  of  Washington  county,  the  said 
liegister  being  hereby  directed  to  endorse  the  said  sum  of  Endorsement 
tiiree  hundred  thousand  dollars  of  said  second  mortgage  bonds  mi\e. 
in  sums  equal  to  the  quotient  of  said  three  hundred  thousand 
dollars,  divided  by  the  number  of  miles  between  Unionbridge 
and  the  line  of  Washington   county,  on  the  route  selected ; 
provided,  that  the  Western  Maryland  Railroad  Company  shall 
have  first  executed  and  delivered  to  the  Register  of  the  City, 
a  good  and  satisfactory  mortgage,  covering  all   the  property  Mortgage  to  be 
and  efiects  of  the  said  company  that  now  belong  or  may  here- 
after belong  to  it,  as  well  as  all  the  present  and  future  net 
revenue  of  said  company,  in  the  name  of  the  Mayor  and  City 
Council  of  Baltimore,  in  trust  to  secure  the  payment  of  the 
principal  and  interest  of  the  bonds  to  be  endorsed  in  accord- 

*  Sec.  15  of  above  ordinance  was  repealed  by  Ordinance  No.  16,  April 
28,  '65. 


958  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 


b"comTisdon-  ^"^^  ^^^^  *^^  provisions  of  this  section,  and  those  so  to  be  en- 

ton  coSnty^*"^"  ^oFsed  bj  the  County  Commissioners  of  Washington  county ; 
said  mortgage  to  take  precedence  over  all  other  mortgages  or 
other  incumbrances  upon  the  property  and  revenues  of  the 
Western  Maryland  Kailroad  Company,  except  the  first  mort- 

Proriso.  gage   already  executed  ;  provided  further,  that  before  making 

the  endorsement  of  the  second  mortgage  bonds  aforesaid,  the 
Register,  together  with  the  Mayor  and  Comptroller,  shall  be 

City  officers  to  satisfied  that  the  Commissioners  of  Washington  County  have 

be  satisfied  of  o  ./ 

n^iiTZ'i^^i^'^  bound  themselves  to  endorse  similar  bonds  to  the  amount  of 

coiJ^ty!'"'^"'"  three  hundred  thousand  dollars,  upon  conditions  which  will  make 

them  available  for  construction  of  the  road  within  the  limits  of 

Washington   county,  and  that   additional  stock  subscriptions 

are  obtained  to  the  extent  of  two  hundred  thousand  dollars.* 

*This  ordinance  recites  that  the  General  Assembly  of  Maryland,  at  the 
session  of  1864,  passed  an  act  empowering  the  County  Commissioners  of 
Washington  County  to  endorse  or  guarantee,  on  behalf  of  said  county,  the 
principal  and  interest  upon  the  second  mortgage  bonds  of  the  Western 
Maryland  Eailroad  Company,  to  an  amount  not  exceeding  the  sum  of  three 
hundred  thousand  dollars;  and  that  the  said  County  Commissioners  of 
Washington  County,  in  the  exercise  of  the  authority  conferred  upon  them 
by  that  Act  of  Assembly,  on  the  12th  day  of  April,  1864,  passed  ah  order 
for  the  endorsement  of  three  hundred  thousand  dollars  of  the  second  mort- 
gage bonds  of  said  company ;  and  that  the  said  order  provided  that  the 
whole  amount  obtained  from  the  proceeds  of  the  bonds,  so  to  be  endorsed, 
should  be  expended  in  the  cost  and  construction  of  the  said  road  within  the 
limits  of  Washington  county ;  and  it  is,  therefore,  expedient  that  the  assist- 
ance to  be  rendered  such  road  by  the  Mayor  and  City  Council  of  Baltimore 
should  be  given  in  such  manner  that  it  may  be  available  for  such  part  of 
said  road  as  will  lie  between  Unionbridge,  Carroll  county,  and  the  border 
of  Washington  county.  This  ordinance  repeals  sees.  7,  8, 9  and  10  of  Ord. 
No.  68,  July  23, 1860,  and  substitutes  the  above  section  in  lieu  thereof. 

1864,  c.  314,  provided :  that  the  County  Commissioners  of  Washington 
County  are  hereby  authorized  and  empowered  to  endorse  or  guarantee,  on 
behalf  of  said  county,  the  principal  and  interest  upon  the  second  mortgage 
bonds  of  the  Western  Maryland  Railroad  Comi)any,  to  an  amount  not  ex- 
ceeding three  hundred  thousand  dollars,  in  such  manner  and  form  as  they, 
the  said  County  Commissioners,  may  deem  best,  and  at  any  time  hereafter 
as  they  may  deem  proper.  That  if  it  shall  become  necessary  at  any  time  after 
said  commissioners  shall  have  exercised  the  authority  granted  them  by  the  pre- 


Stocks,  Loans  and  Finance.  959 

Article  XLVI. — Ordinances. 

Ordinance  No.  68,  approved  July  23,  1860,  and  Ordinance  n°-58,  Aug.  9. 
No.  73,  approved  May  18,  1864,  are  so  amended  as  that  the  sinking  fund, 
sinking  fund  to  be  held  and  invested  by  the  Register  of  the 
City,  for  the  security  of  the  payment  of  the  principal  and 
interest  of  the  second  mortgage  bonds  of  said  Western  Mary- 
land Railroad  Company,  shall  be  the  same  as  the  sinking  fund 
on  the  five  million  loan  to  the  Baltimore  and  Ohio  Railroad 
Company,  namely,  ten  per  cent,  of  the  proceeds  of  the  sale  of 
said  bonds  in  the  stock  market  or  elsewhere,  and  not  twenty 
per  cent.,  as  provided  for  the  first  mortgage  bonds  of  said  com- 
pany. 


ceding  section,  to  provide  for  the  payment  of  the  principal  and  interest  upon 
the  bonds  so  endorsed,  the  said  commissioners  shall  provide  for  the  same  by 
levy  upon  the  assessable  property  in  the  said  county. 

1864,  c.  298,  enacted  :  that  the  Mayor  and  City  Council  of  Baltimore  are 
authorized  to  endorse  or  guarantee  the  payment  of  the  principal  and  interest 
upon  the  second  mortgage  bonds  of  the  Western  Maryland  Railroad  Com- 
pany, to  an  amount  not  exceeding  in  the  aggregate  the  sum  of  three  hundred 
thousand  dollars,  in  such  manner  and  form  as  they,  the  said  Mayor  and  City 
Council, may  deem  best;  and  declares  valid  any  ordinance  heretofore  passed 
by  the  Mayor  and  City  Council  of  Baltimore  for  such  purpose ;  and  pro- 
vides that  the  said  Mayor  and  City  Council  may  at  any  time  hereafter  exer- 
cise the  remainder  of  their  authority,  so  as  to  endorse  or  guarantee  such 
second  mortgage  bonds  as  they  may  deem  proper. 

1865,  c.  177,  enacted  that :  whereas,  by  a  compact  between  the  city  of 
Baltimore  and  the  Western  Maryland  Railroad  Company,  the  said  city,  in 
consideration  of  its  loan  to  the  said  company,  became  entitled  to  a  perma- 
nent representation  of  two  members  of  the  board  of  directors  of  the  said 
company,  but  the  mode  in  which  the  said  directors  are  to  be  appointed 
remains  to  be  provided  for  by  an  amendment  of  the  charter  of  the  said  com- 
pany, that  therefore  the  Mayor  and  City  Council  of  Baltimore  shall  in  the 
month  of  October,  eighteen  hundred  and  sixty-five,  and  annually  thereafter, 
nominate,  and  by  and  with  the  advice  and  consent  of  a  convention  of  the 
two  branches  of  the  city  council,  appoint  two  of  the  five  members  of  the 
board  of  directors  of  the  said  company,  and  that  the  charter  of  the  said 
company  is  hereby  altered  and  amended  conformably  to  the  change  hereby 
made  in  the  same.  That  should  the  number  of  directors  constituting  the  said 
board  of  directors  be  at  any  time  hereafter  increased  on  the  part  of  the  stock- 
holders, those  of  the  city  of  Baltimore  shall  be  increased  in  like  proportion. 


960  Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


Ibid,  8. 2.  Section  first  of  said  Ordinance  N"o.  73,  approved  May  18, 

How  to  endorse  1864,  is  SO  amended  as  to  authorize  tlie  Register  of  the  City  to 

bonds. 

endorse  said  second  mortgage  bonds,  to  the  amount  and  in  the 
mode  and  manner  specified  in  said  ordinance,  as  each  mile  of 
said  road  progresses  from  Unionbridge  in  the  direction  of 
Hagerstown,  and  not  when  completed,  as  named  in  first  section 
of  said  ordinance. 

No.  16,  s.  1,  The  Mayor  of  the  City  of  Baltimore  is  hereby  directed  to 

Mar.  15, '66.  _  -^  ''  •'         _ 

Mayor  to  sub-    subscribc  iu  the  name  and  behalf  of  the  Mayor  and  City  Coun- 

scribe  lor  shares       ■,       n    t\    \    •  c  ii  c     ^  -i 

of  stock  of  com-  cil  01  Baltmiorc,  to  four  thousand  shares  of  the  capital  stock 

pany.  ^ 

of  the  Western  Maryland  Railroad  Company,  of  the  par  value 
Proviso.  of  fifty  dollars  each  ;  provided,  however,  that  it  shall  be  speci- 

fied in  and  as  a  part  of  such  subscription,  that  the  money  shall 
not  be  payable  until  the  County  Commissioners  of  Washington 

And  that  this  act  shall  take  effect  from  and  on  its  acceptance  by  the  stock- 
holders representing  a  majority  of  said  stock. 

1866,  c.  13,  enacted:  that  the  Mayor  and  City  Council  of  Baltimore  are 
y  authorized  to  subscribe  to  the  capital  stock  of  the  Western  Maryland  Rail- 
road Company,  to  an  amount  not  exceeding  two  hundred  thousand  dollars. 
And  it  further  enacts,  that  the  said  Mayor  and  City  Council  may  provide, 
by  ordinance  or  ordinances,  for  the  mode  and  terms  upon  which  subscription 
shall  be  made,  and  the  money  provided  to  meet  it. 

And  1866,  c.  71,  enacted:  that  the  Mayor  and  City  Council  of  Baltimore 
are  authorized  to  contribute  towards  the  construction  of  the  Western  Mary- 
land Railroad,  between  Hagerstown  and  Cumberland,  the  sum  of  fifteen 
hundred  thousand  dollars,  either  by  a  subscription  to  that  amount  to  the 
capital  stock  of  the  said  company,  or  by  the  endorsement  of  the  said  com- 
pany's bonds,  or  by  the  issue  of  the  city's  own  bonds,  as  may  be  most 
expedient  in  the  judgment  of  the  said  Mayor  and  City  Council.  And  it 
further  provides  that  the  said  Western  Maryland  Railroad  Company,  in  the 
event  of  the  said  sum  being  furnished  to  the  company  for  the  construction 
of  the  road  as  aforesaid,  by  the  said  Mayor  and  City  Council,  in  either  of 
the  modes  aforesaid,  other  than  by  a  subscription  to  its  capital  stock,  shall 
be  authorized  to  secure  the  said  city  for  the  amount  so  advanced  or  endorsed 
by  a  mortgage  on  its  road,  property,  tolls  and  revenues,  the  said  mortgage 
not  to  have  priority  over,  but  to  stand  upon  an  equality  with  other  mortga- 
ges, to  be  executed  by  the  said  company  to  the  coal  and  iron  companies  of 
Allegany  county  and  the  commissioners  of  said  county  for  similar  advances 
in  aid  of  the  said  enterprise. 


Stocks,  Loans  and  Finance.  961 

Article  XL VI. — Ordinances, 
county*  shall  have  subscribed  for  three  thousand  shares  of  commissioners 

''  1      "''  Washington 

said  capital  stock,  and   that  the  money  arising  from  the  sub-  county, 
scription  hereby  directed  shall  be  expended  in  the  construction 
of  the  road  of  said  company,  from   its   present  terminus   at 
Unionbridge  to  the  line  of  division  between  the  counties  of 
Frederick  and  Washington. 

The  said  subscription  shall  be  paid  in  city  stock  at  par,  in  ibid.i.a. 
such  instalments  and  at  such  times  as  the  same  shall  be  called  How  subscrip- 

_^  tion  paid. 

for  by  the  president  and  directors  of  the  Western  Maryland 
Railroad  Company  ;  provided,  said  company  shall  not  have  Proviso, 
power  to  call  for  more  than  the  sum  of   fifteen  thousand  dol- 
lars in  any  one  month,  or  in  greater  proportions  than  are  called 

*  1866,  c.  19,  recites  tliat  the  County  Commissioners  of  Wasliington 
County  did,  on  tlie  26th  September,  1865,  pass  an  order  that  three  thousand 
shares  of  the  capital  stock  of  the  Western  Maryland  Railroad  Company, 
being  of  the  par  value  of  one  hundred  and  fifty  thousand  dollars,  be,  and 
the  same  are  hereby,  subscribed  by  and  in  the  name  of  and  for  Washington 
county,  upon  the  condition,  nevertheless,  that  the  city  of  Baltimore,  by  its 
corporate  authorities,  duly  subscribe  four  thousand  shares  of  said  stock, 
being  of  the  par  value  of  two  hundred  thousand  dollars,  and  upon  the  con- 
dition further,  that  such  stock  so  as  aforesaid  subscribed  by  said  county,  or 
the  money  paid  in  for  the  same,  shall  be  first  solely  and  exclusively  applied 
to  the  construction  and  completion  of  said  road  within  the  limits  of  Wash- 
ington county  aforesaid,  so  far  as  the  same  may  be  required  in  such  con- 
struction and  completion,  and  the  balance,  if  any,  after  such  construction 
and  completion,  wherever  otherwise  it  may  be  required  in  its  construction 
and  completion,  and  upon  the  condition  further,  that  said  subscription  be 
duly  authorized  and  made  lawful  by  the  Legislature  of  Maryland ;  and  that 
the  president  of  said  County  Commissioners  be,  and  he  is  hereby,  authorized 
empowered,  directed  and  required  forthwith  to  make  said  subscription  to 
said  stock  for  and  in  the  name  of  Washington  county,  and  upon  the  con- 
ditions and  limitations  aforesaid ;  and  the  said  subscription  is  made  upon  the 
further  condition  that  the  directors  of  the  said  company  be  increased,  and 
that  two  of  the  said  directors  be  taken  from  Washington  county.  And  said 
Act  of  1866,  c.  19,  then  provides  that  the  said  order  of  the  said  County 
Commissioners  of  Washington  County  is  declared  valid,  and  that  the  County 
Commissioners  of  Washington  County  are  authorized  and  empowered  to 
subscribe  to  the  capital  stock  of  the  Western  Maryland  Railroad  Company, 
at  the  time  hereinafter  mentioned,  a  sum  not  exceeding  the  amount  of  one 
hundred  and  fifty  thousand  dollars,  on  the  terms  and  conditions  of  said 
order  and  this  act.    The  said  subscription  shall  not  be  made  until  the  said 


962  Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


for  from  individual  stockholders,  and  as  each  call  shall  be  made 

upon  the  Mayor,  he  shall  immediately  notify  such  call  to  the 

Commissioners  of  Finance,  who  shall  within    one  week  after 

Certificates  of    such  notification,  issue  certificates  of  stock  to  said  company  for 
stock.  .  '^      "^ 

the  amount  of  such  call,  bearing  an  interest  of  six  j)er  centum, 

per  annum^  payable  quarterly,  and  redeemable  at  the  pleasure 

of  the  Mayor  and  City  Council  of  Baltimore  at  any  time  after 

the  first  day  of  July,  1890. 

Ibid,  8.  f.  The  certificates  of  stock  to  be  issued  by  virtue  of  this  ordi- 

Form  of  certifl-  nancc  shall  be  in  the  same  form  as  is  provided  for  in  the  ordi- 

cate. 

nance  relative  to  the  public  debt  of  the  city  of  Baltimore, 
approved  April  3,  1826,  [p.  905,  ante.'] 

railroad  shall  have  been  completed  and  paid  for,  or  until  said  County  Com- 
missioners are  satisfied  that  the  said  road  will  be  made  and  paid  for,  to  the 
line  dividing  Frederick  from  Washington  county,  and  in  the  direction  of 
Hagertown ;  and  for  the  purpose  of  raising  the  said  sum  of  money,  so  to  be 
subscribed  by  the  said  County  Commissioners,  they  are  hereby  empowered 
annually  to  levy  the  same  on  the  taxable  property  of  Washington  county, 
whenever  the  same  shall  be  called  for,  and  in  such  sums  and  proportions  as 
the  progress  of  the  work  through  said  Washington  county  shall  require ; 
or  the  said  County  Commissioners  shall  borrow  the  said  sum  from  time  to 
time  as  it  may  be  required  as  aforesaid,  upon  the  credit  of  the  said  county, 
and  to  issue  bonds,  duly  executed,  for  the  payment  of  the  same  ;  the  said 
bonds  not  to  be  sold  under  their  par  value,  to  bear  interest  not  exceeding 
six  per  cent.,  payable  semi-annually,  and  not  to  run  for  a  period  longer 
than  twenty  years,  and  said  bonds  shall  be  exempt  from  county  and  muni- 
cipal taxation,  and  for  the  purpose  of  paying  the  interest  thereon,  and  to 
retire  the  principal,  the  said  County  Commissioners  are  hereby  empowered 
and  required  to  levy  an  annual  sum  adequate  for  said  purposes.  And  that 
said  bonds  shall  not  be  transferred  to  said  railroad  company  in  payment  of 
said  subscription,  or  any  part  thereof,  but  the  same  shall  be  sold  by  the 
County  Commissioners  of  Washington  County,  and  the  proceeds  paid  to 
said  railroad  company  in  payment  of  the  game.  1866,  c.  48,  provided  that 
the  directors  in  said  company  be  increased  by  two  new  members,  and  two 
of  such  directors  shall  be  citizens  of  Washington  county ;  provided,  how- 
ever, that  this  act  shall  take  effect  only  when  a  subscription  to  the  capital 
stock  of  said  company,  binding  upon  said  county,  shall  have  been  made  to 
an  amount  of  not  less  than  one  hundred  and  fifty  thousand  dollars,  and 
when  this  act  shall  have  been  accepted  by  the  stockholders  of  said  com- 
pany representing  a  majority  of  its  stock. 


Stocks,  Loans  and  Finance.  963 

Article  XL VI. — Ordinances. 

The  City  of  Baltimore  shall  be  entitled,  upon  payment  ofibid,i.4. 
the  first  instalment  of  the  stock  hereby  subscribed,  to  all  the  city  entitled  to 

rights  aud  pri?- 

rights  and  privileges  of  a  stockholder  in  said  company.  'leges. 

The  subscription  hereby  made,  together  with  the  snbscrip- iwd, ■. s. 
tion  of  Washington  county,  shall  be  applied  to  the  construe-  Howsubscrip- 

tioii  to  be  ap* 

tion  of  the  said  road  from  Hagerstown  and  Unionbridge  piied. 
simultaneously  and  reciprocally,  in  fair  proportions,  that  is  to 
say,  the  work  from  Hagerstown  and  from  Unionbridge  shall 
be  commenced  at  the  same  time,  and  shall  progress  equally 
and  rateably  each  in  the  direction  of  each  other,  it  being  the 
meaning  and  intention  of  this  ordinance  that  for  every  five 
thousand  dollars  expended  under  this  subscription,  the  sum 
of  five  thousand  dollars  shall  be  expended  on  the  road,  com- 
mencing at  Hagerstown  and  progressing  eastwardly  until  said 
road  shall  be  completed,  and  that  the  application  of  the 
money  hereby  subscribed  shall  be  subject  to  the  conditions 
contained  in  this  section,  and  shall  be  applied  as  hereby  pro- 
vided, subject  to  the  supervision  of  the  Mayor,  Kegister  and  pmtIsos. 
Comptroller  of  the  City — furthermore,  this  subscription  to  the 
stock  of  said  company  shall  not  be  binding  on  the  city  unless 
the  location  of  said  road  shall  be  approved  by  the  said  offi- 
cers ;  and  provided  further,  that  a  produce  and  passenger  Depot, 
depot  of  the  Western  Maryland  Railroad  shall  be  established 
west  of  Jones'  Falls. 

The  Mayor  of  the  City  of  Baltimore  is  hereby  authorized  no.  2,  Feh.ai, 
and  empowered  to  vote  the  stock  held  bv  the  City  of  Baltimore  Mayor  to  vote 

"  stock  of  W  M 

in  the  Western  Maryland  Railroad  Company,  either  in  person  k.  k.  co. 
or  by  proxy,  at  all  general  or  special  elections  and  in  all  meet- 
ings held  by  the  stockholders   of  said  company ;   provided.  Proviso, 
that  the  said  city  shall  not  be  in  arrears  in  the  payment  of  any 
instalment  as  the  same  is  called  for  by  the  said  company.* 


*  By  Res.  No.  64,  March  16,  '68,  the  Mayor  was  directed  to  comply  with 
the  application  of  the  president  and  directors  of  the  Western  Maryland 
Railroad  Company,  by  the  endorsement  of  an  additional  fifty  thousand  del- 


964 


Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


No.  57,  s.  1, 
June  2,  '68, 
Lien 
favor 
gage. 


The  lien  of  the  Mayor  and  City  Council  under  the  mort- 
waived  in  gage  heretofore  executed  to  it  by  the  Western  Maryland  Rail- 
road Company,  is  hereby  waived  in  favor  of  a  mortgage  or 
mortgages,  to  be  executed  by  said  company,  to  an  amount 
not  exceeding  the  sum  of  six  hundred  thousand  dollars  ;  pro- 
vided, the  County  Commissioners  of  Washington  County  shall 
waive  the  lien  of  said  county  under  the  said  mortgage.* 

Said  company  shall  not  change  the  present  location  of  its 
road,  between  Westminster  in  Carroll  county  and  the  city  o^ 
Baltimore,  without  the  consent  of  the  Mayor  and  City  Council 
of  Baltimore  being  first  had  and  obtained.f 


Proviso, 


Ibid,  s.  6. 

Location  of 
road. 


lars  of  the  bonds  of  said  road,  in  accordance  with  the  ordinance  relating 
thereto. 

*  1868,  c.  344,  provided :  that  the  Mayor  and  City  Council  of  Baltimore 
and  the  County  Commissioners  of  Washington  County  are  authorized  and 
empowered,  if  in  their  discretion  good  policy  require  it,  to  waive  their  liens 
and  the  mortgage  heretofore  executed  to  the  Mayor  and  City  Council  of 
Baltimore  by  the  Western  Maryland  Railroad  Company,  in  favor  of  a  mort- 
gage or  mortgages  to  be  executed  by  said  company  to  such  amounts  not 
exceeding  the  sum  of  one  million  dollars,  as  may  be  determined  by  the 
Mayor  and  City  Council  of  Baltimore  and  the  County  Commissioners  of 
Washington  County. 

By  the  Act  of  1878,  c.  240,  the  County  Commissioners  of  Washington 
County  are  authorized  and  empowered  to  acquire  or  purchase  the  bonds 
and  coupons  of  the  Western  Maryland  Railroad  Company,  endorsed  and 
guaranteed  by  the  County  Commissioners  of  Washington  County,  if  at  any 
time  they  deem  it  expedient  so  to  do,  in  the  manner  therein  set  forth. 

t  This  ordinance,  under  the  provisions  of  its  2d,  3d,  4th  and  5th  sections, 
was  submitted  to  the  voters  of  the  city  of  Baltimore  and  adopted. 

Note.— Ordinance  No.  42,  June  12, 1869,  of  the  Mayor  and  City  Council, 
entitled  An  ordinance  to  provide  for  raising  the  sum  of  one  million  of  dol- 
lars, by  the  Mayor  and  City  Council  of  Baltimore,  by  means  of  the  hypo- 
thecation of  such  number  of  shares  of  the  capital  stock  of  the  Baltimore 
and  Ohio  Railroad  Company,  owned  by*  the  Mayor  and  City  Council  of 
Baltimore,  as  may  be  necessary  for  that  purpose,  and  for  investment  of  said 
sum  of  money  in  the  bonds  of  the  Western  Maryland  Railroad  Company, 
to  be  secured  by  a  mortgage  next  in  priority  after  the  mortgages  already 
executed  by  said  company,  is  within  the  scope  and  purview  of  the  provision 
contained  iu  section  7,  of  Article  XI,  of  the  Constitution  of  1867,  which  de- 


Stocks,  Loans  and  Finance.  965 

Article  XLVI. — Ordinances. 

The  City  Register  is  hereby  authorized  and  directed  to  pay  No.  s^nov.  13, 
the  interest  upon  the  bonds  of  the  Western  Maryland  Rail- city  Register  to 

•^  •'  pay  interest  on 

road  Company,  which  fell  due  on  the  first  of  July,  eighteen  ''°'»d8. 
hundred  and  sixty-nine,  and  which  were  guarantied  by  the 
city  of  Baltimore,  and  also  to  pay  the  interest  which  may 
hereafter  accrue  and  fall  due  on  said  bonds,  in  case  pro- 
vision be  not  made  for  the  payment  of  the  said  hereafter 
accruing  interest  by  the  said  Western  Maryland  Railroad 
Company.* 

The  said  Register  is  hereby  authorized  and  empowered  toiwd,  ».2. 
borrow  upon  the  credit  of  the  city,  and  upon   the  best  terms  city  Register  to 

Iwrrow  money. 

possible,  such  sum  of  money  as  may  be  necessary  to  pay  the 
said  interest  which  fell  due  on  the  first  day  of  July,  eighteen 
hundred  and  sixty-nine. 

The  sum  or  sums  of  money,  so  borrowed,  shall  be  repaid  iwci.s.  3. 
out  of  the  levy  for  eighteen  hundred  and  seventy.  "aid.'*''""" 

Clares  that  "  no  debt  shall  be  created  by  the  Mayor  and  City  Council  of 
Baltimore,  unless  it  be  authorized  by  an  Act  of  the  General  Assembly  and 
by  an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  submitted  to 
the  legal  voters  of  the  city,  and  approved  by  a  majority  of  the  votes  cast," 
and  the  same  not  having  been  so  authorized  and  approved  is  null  and  void. 
The  ordinance  being  unconstitutional,  citizens  of  Baltimore,  owners  of 
property  therein,  and  tax  payers  were  entitled  to  ask  the  interposition  of  a 
court  of  equity  to  restrain  its  execution  by  injunction,  and  such  suit  need 
not  be  instituted  by  the  Attorney  General,  nor  is  it  necessary  that  he  should 
be  a  party  thereto.  Mayor,  &c.,  v.  OiU,et.  ai.  31,  Md.  375.  8t.  Mary's  Indus- 
trial School  V.  Brown,  45  Md.  326. 

*  This  ordinance  recites,  that  the  city  of  Baltimore  by  various  ordinances 
passed  by  the  City  Council,  and  approved  by  the  Mayor,  has  guarantied 
the  bonds  of  the  "Western  Maryland  Railroad  Company  to  the  extent  of 
seven  hundred  aud  fifty  thousand  dollars,  pledging  the  faith  of  the  city  for 
the  prompt  payment  of  the  interest  thereon,  as  also  the  ultimate  payment 
of  said  bonds ;  and  the  said  Western  Maryland  Railroad  Company,  has 
failed  to  provide  for  the  payment  of  the  interest  which  became  due  on  the 
first  day  of  July,  eighteen  hundred  and  sixty -nine,  upon  the  said  guaran- 
teed bonds ;  and  it  is  required  that  immediate  provision  be  made  by  the  city  of 
Baltimore  for  the  payment  of  the  interest  upon  said  guarantied  bonds. 


966 


Stookb,  Loans  and  Finance. 


Article  XLVI.— Ordinances. 


No.  11,  Jan.  21,       The  Register  of  the  City,  upon  presentation  to  hiui  of  the 

Register  to  bonds  of  the  Western  Maryland  Railroad  Company,  amount- 
guarantee  1111  J 
Western  Mary,  ing;  in  the  asfficreoiate  to  the  sum  of  fourteen  hundred  thousand 

land  Railroad  &  to»      o 

bonds.  dollars,  payable  on  the  first  day  of  January,  nineteen  hun- 

dred, with  interest  at  the  rate  of  six  per  centum  per  annum, 
payable  half  yearly  in  the  city  of  Baltimore  on  the  first  day 
of  January  and  July  in  each  and  every  year,  is  hereby  author- 
ized and  directed  to  cause  the  same  to  be  endorsed  with  the 
guarantee  of  the  Mayor  and  City  Council  of  Baltimore,  which 
*  endorsement  shall  be  made  in  the  manner,  at  the  times  and 

after  compliance  with  the  provisions  hereinafter  mentioned. 

Ibid,  8. 2.  The  endorsement  of  the  bonds  provided  for  in  the  next 

Endorsement,  preceding  scction  of  this  ordinance  shall  either  be  made  in 
writing,  or  by  causing  the  same  to  be  printed  or  engraven  on 
the  said  bonds,  and  the  said  endorsement  shall  be  signed  by 
the  Mayor  and  countersigned  by  the  Register  of  the  City  for 
the  time  being,  and  shall  have  affixed  thereto  the  corporate 
seal  of  the  city,  and  shall  be  in  form  following  : 

For  value  received 
the  Mayor  and  City  Council  of  Baltimore  hereby  guarantees 
the  payment  of  the  principal  and  interest  of  the  within  bond, 
in  accordance  with  an  ordinance  entitled  an  ordinance  to 
authorize  the  endorsement  or  guarantee  by  the  Mayor  and 
City  Council  of  Baltimore  of  the  mortgage  bonds  of  the 
Western  Maryland  Railroad  Company,  and  to  provide  a  sink- 
ing fund  in  connection  therewith — approved       •  ' 

1870 ;  which  ordinance 
was  subsequently  submitted  to  and  ratified  by  the  people  of 
Baltimore.  Witness  the  signature  of  the  Mayor  and  Register 
of  the  City  of  Baltimore  and  its  corporate  seal ;  and  the  blank 
left  in  the  above  form  for  the  date  of  the  approval  of  this 
ordinance  shall  be  filled  with  the  date  of  said  approval.  The 
Coupons.  coupons  attached  to  said  bonds  shall  also  contain  the  endorse- 

ment of  the  guarantee  of  the  said  Mayor  and  City  Council  of 


Stocks,  Loans  and  Finance.  967 

Article  XL VI. — Ordinances. 

Baltimore  by  having  written,  printed  or  engraven  thereon  the 
words  "  guaranteed  by  the  Mayor  and  City  Council  of  Balti- 
more" to  which  shall  be  attached  the  name  of  the  Register,  for 
which  purpose  a  fac  simile  of  his  signature  may  be  employed. 

The  endorsement  of  said  bonds  shall  not  be  made  unless  ibid,  s.  a. 
and  until  an  act  shall  be  passed  by  the  General  Assembly  of  Act  of  Assem- 

-._,,,.,,  -jj  1  J  bly  authorizing 

Maryland,  authonzmg  the  said  endorsement,  nor  unless  and  endoriements. 
until  this  ordinance  shall  have  been  submitted  to  the  legal  submission  to 
voters  of  the  city  of  Baltimore  in  the  manner  hereinafter  men- 
tioned, and  a  majority  of  the  votes  cast  at  the  said  election 
shall  be  in  favor  of  the  said  ordinance ;  and  before  any  en- 
dorsement of  said  bonds  shall  be  made,  the   said  Western 
Maryland  Railroad   Company  shall  deliver   to  the  Register 
of  the  City  a  deed  of  mortgage  duly  executed  and  acknow-  Mortgage  from 
lodged,  and  in  such  form  and  with  such  covenants  and  condi-  ^" 

tions  as  shall  be  approved  by  the  City  Counselor,  wherein  and 
whereby  there  shall  be  conveyed  to  the  said  Mayor  and  City 
Council  of  Baltimore  all  the  road  and  railway  of  the  said 
company  as  now,  or  hereafter  to  be  constructed,  and  all  its 
franchises,  right,  tolls  and  revenues,  rolling  stock,  machinery, 
and  all  its  other  estate,  real,  personal  and  mixed,  of  every 
kind  and  description,  by  way  of  mortgage  to  secure  and  in- 
demnify the  said  Mayor  and  City  Council  of  Baltimore  for 
and  in  its  endorsement  and  guarantee  of  the  said  bonds,  and 
for  all  charges  and  expenses    connected    therewith ;    which 
mortgage  shall  be  next  in  priority  to  those  now  already  exe- priority  of 
cuted  by  said  company,  and  shall  contain  proper  covenants  for '"'"^^*^*' 
the  payment  by  said  Western  Maryland  Railroad  Company  of 
the  principal  and  interest  of  the  bonds  hereinbefore  mentioned, 
as  and  when  the  same  shall  respectively  become  due  and  pay- 
able; and  the  said  bonds  shall  be  applied  only  to  the  purposes  how  bonds  to 
mentioned  in    this   ordinance;  and  all   the  expenses  of  the   ""PP'®- 
execution  and  recording  of  said  mortgage  shall  be  paid  by  said 
company  at  the  time  of  said  execution  and  recording. 


968 


Stocks,  Loans  and  Finance. 


Article  XL VI. — Ordinances. 


Ibid,  8. 4.  The  endorsement  of  the  said  bonds  hereinbefore  authorized 

Charter  of  com-  shall  not  be  made,  unless  and  until  such  an  amendment  to  the 

pany  to  be  ^^ 

amended.  charter  of  the  said  Western  Maryland  Railroad  Company 
shall  be  made  by  an  Act  of  the  General  Assembly  of  Mary- 
land, and  accepted  by  said  company,  as  will  give  to  the  Mayor 
and  City  Council  of  Baltimore  such  an  additional  number  of 
directors  as  will  secure  to  the  said  city  a  majority  of  three 
members  in  the  board  of  directors.* 


Ibid,  s.  10. 
Sinking  fnnd. 


Interest 


Of  the  fourteen  hundred  thousand  dollars  of  bonds  for 
whose  endorsement  provision  is  hereinbefore  made  by  section 
one  of  this  ordinance,  two  hundred  thousand  dollars  of  said 
bonds  shall  be  retained  by  the  Register  toward  a  sinking  fund; 
and  the  interest  derived  from  the  bonds  so  retained  shall  be 
from  time  to  time  invested  by  the  Commissioners  of  Finance; 
and  if,  at  or  prior  to  the  maturity  of  said  fourteen  hundred 
thousand  dollars  of  said  bonds,  the  same,  together  with  all 
others  upon  which  the  city  may  be  liable  as  endorser  or  guar- 
antor of  said  company,  shall  in  principal  and  interest  have 
been  redeemed  by  the  said  company,  then  the  said  two  hun- 
dred thousand  dollars  of  bonds  so  deposited  with  the  Register 
shall  be  cancelled,  and  the  accumulated  income  derived  from 
said  bonds  shall  be  returned  to  said  company  ;  and  whenever 
the  accumulated  income  in  the  hands  of  the  said  Commis- 
sioners of  Finance  shall  reach  an  amount  sufficient  to  redeem 
the  whole  amount  of  bonds  to  be  endorsed  under  the  provis- 
ions of  this  ordinance,  and  delivered  to  said  company,  then 


*  Section  2  of  the  Act  of  1870,  c.  110,  enacts  that  the  number  of  directors 
of  the  Western  Maryland  Railroad  Company  shall  be  increased  to  thirteen, 
and  that  the  Mayor  and  City  Council  of  Baltimore  are  authorized  to  ap- 
point six  directors  in  addition  to  the  directors  already  to  be  appointed  by 
the  said  Mayor  and  City  Council  of  Baltimore,  and  that  such  additional 
directors  shall  be  appointed  in  the  mode  heretofore  provided  by  law  for  the 
appointment  of  directors  in  said  company  by  said  Mayor  and  City  Council 
of  Baltimore. 

The  fifth,  sixth,  seventh,  eighth  and  ninth  sections  of  this  ordinance  are 
repealed  by  Ordinance  No.  10,  January  17, 1872,  (p.  970  post.) 


Stocks,  Loans  and  Finance.  969 

Article  XL VI.— Ordinances. 

the  Commissioners  of  Finance  may  give  notice  throngh  the 
daily  papers  of  the  city  of  Baltimore  of  the  time  and  place 
for  the  redemption  of  said  bonds,  and  redeem  the  same  out  of  Redemption  of 
the  said  sinking  fund  so  derived  from  said  accumulated  income; 
and  when  the  said  outstanding  bonds  shall  have  been  so  re- 
deemed, the  said  bonds  so  retained  by  the  Register  shall 
be  cancelled  ;  and  before  the  Register  shall  endorse  any  part 
of  the  twelve  hundred  thousand  dollars  of  said  bonds  which  are 
designed  by  this  ordinance  to  be  delivered  to  the  said  Western 
Maryland  Railroad,  there  shall  have  been  delivered  to  him  by 
said  company,  the  two  hundred  thousand  dollars  of  said  bonds 
mentioned  in  this  section.* 

The  City  Register  is  directed  to  pay  the  interest  upon  any  of  No.  los,  June 
the  bonds  endorsed  or  guarantied,  or  hereafter  to  be  endorsed  when  city  Reg- 
or  guarantied  under  the  provisions  oi  ordinance,  JNo.  11,  J  an- terest  upon 
Tiary  21,  1870,  [pp   966,  &c.,  an^.]     incase  provision  be  not 
made  by  the  said  company  for  payment  of  such  interest  cou- 
pons at  their  maturity .f 

*By  the  Actof  1870.  c.  48,  the  Mayor  and  City  Council  of  Baltimore 
were  authorized  and  empowered  to  endorse  or  guarantee  the  mortgage  bonds 
of  the  Western  Maryland  Railroad  Company,  to  the  amount  of  fourteen 
hundred  thousand  dollars,  and  the  ordinance  of  the  said  Mayor  and  City 
Council  of  Baltimore,  approved  on  the  twenty -sixth  day  of  January,  eigh- 
teen hundred  and  seventy,  and  entitled  an  ordinance  to  authorize  the  en- 
dorsement or  guarantee  by  the  Mayor  and  City  Council  of  Baltimore  of  the 
mortgage  bonds  of  the  Western  Maryland  Railroad  Company,  and  to  pro- 
vide a  sinking  fund  in  connection  therewith,  was  ratified  and  confirmed. 
This  ordinance  was  duly  approved  under  the  provisions  contained  therein 
providing  for  its  submission  to  the  voters. 

t  This  ordinance  recites  that  the  Mayor  and  City  Council  by  an  ordinance, 
January  21, 1870,  and  entitled  an  ordinance  to  authorize  the  endorsement 
or  guarantee  by  the  Mayor  and  City  Council  of  Baltimore  of  the  mortgage 
bonds  of  the  Western  Maryland  Railroad  Company,  and  to  provide  a  sink- 
ing fund  in  connection  therewith,  has  come  under  obligation  to  endorse  the 
mortgage  bonds  of  the  said  company  to  the  amount  of  fourteen  hundred 
thousand  dollars,  payable  January  1,  1900,  and  also  the  coupons  for  interest 
attached  to  the  said  bonds ;  and  that  the  credit  of  the  city  requires  that 
provision  be  made  for  the  prompt  payment  of  the  interest  thereon,  in  the 
event  that  the  said  company  may  make  default  in  payment  of  any  of  the 
coupons  attached  to  said  bonds. 


970  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

No.  10,  Jan.  17,       Whenever  the  president  and  directors  of  the  "Western  Mary- 

surrender  of     laud  Railroad  Company  shall  have  surrendered  to  the  Mayor 

pany.  and  Commissioners  of  Finance  of  the  City  of  Baltimore  bonds 

of  the  said  company,  amounting  in  the  aggregate  to  the  sum 

of  two    hundred  and  seventy-five  thousand  dollars,  endorsed 

with  the  guarantee  of  the  Mayor  and  City  Council  of  Baltimore, 

as  provided  by  the  original  ordinance,  [No.  11,*  Jan.  21,'70,  p. 

96G  ante,']  to  which  this  is  a  supplement,  and  issued  to  said  com- 

Reiease  of  all    pauy,  and  shall  also  have  released  and  surrendered  to  the  Mayor 

of  Mayor  and    and  Citv  Council  of  Baltimore  by  release  under  the  hand  of 

Commissioners  .         ,  n       •    i  <> 

of  Finance.  gaid  compauy  and  sealed  with  its  corporate  seal,  all  rights  of 
the  said  company  in  two  hundred  and  fifty  thousand  additional 
of  said  bonds,  endorsed  with  the  said  guarantee  under  said 
ordinance,  but  yet  remaining  in  the  hands  of  the  Mayor  and 
Commissioners  of  Finance,  and  shall  have  deposited  with  the 
Obligation  to  be  City  Ecgistor,  to  be  filed  in  his  ofiice,  the  obligation  of  the 
City" ReVsTer.  Said  Wcstem  Maryland  Railroad  Company,  under  the  corporate 
seal  thereof  and  the  signatures  of  the  president  and  directors 


*  This  ordinance  recites  that  it  has  been  represented  to  the  Mayor  and 
City  Council,  by  the  president  and  directors  of  the  Western  Maryland 
Railroad  Company,  that  the  funds  at  the  disposal  of  said  company  are  al- 
together insufficient  for  the  completion  of  said  railroad,  as  an  independent 
road  from  the  city  of  Baltimore  to  Williamsport,  and  for  its  eqnipment,  as 
designed  by  the  original  ordinance  [No.  11,  January  21, 1870,  ]  to  which  this 
is  a  supplement;  and  that  in  the  opinion  of  the  Mayor  and  City  Council  of 
Baltimore,  the  true  interests  of  the  city  demand  the  early  completion  as  afore- 
said of  the  said  Western  Maryland  Railroad,  as  affording  the  only  hope  of 
securing  to  the  city  some  return  on  the  large  sums  heretofore  invested  in 
said  railroad ;  and  whereas,  it  has  been  found  impossble  to  dispose  of  the 
bonds  of  the  said  railroad  conpauy,  although  endorsed  with  the  guarantees 
of  the  Mayor  and  City  Council  of  Baltimore,  as  provided  in  the  original 
ordinance,  to  which  this  is  a  supplement,  except  at  rates  far  below  the  price 
of  city  stock,  to  which,  so  far  as  the  city's  liabilities  are  concerned,  they  are 
in  all  respects  equivalent ;  and  that  it  is  manifest  that  the  various  provisions 
contained  in  the  fifth,  sixth,  seventh,  eighth  and  ninth  sections  of  the  original 
ordinance,  to  which  this  is  a  supplement,  regulating  the  issue  and  application 
of  the  bonds  so  as  aforesaid  endorsed  by  the  city,  can  now  only  serve  to 
delay  and  prevent  the  early  completion  of  the  said  railroad ;  it  thereupon 
repeals  said  sections  and  enacts  as  above. 


Stocks,  Loans  and  Finance.  971 

Article  XL VI. — Ordinances, 
thereof,  iu  such  forms  as  shall  be  approved  by  the  City  Counselor  to  be  approred 

,  by  the  City 

pledging  the  whole  of  the  property  and  revenue  oi  said  com-  counselor, 
pany  for  the  purpose  hereinafter  mentioned ;  the  Mayor  and 
Commissioners  of  Finance  aforesaid  are  hereby  authorized  and 
directed  immediately,  upon  application  being  made  to  them 
for  that  purpose  by  the  president  and  directors  of  said  railroad 
company,  or  as  soon  thereafter  as  conveniently  may  be,  to  issue  Mayo?  and 

.  /.  ^1  1         •     1  •        Commissioners 

and  deliver  to  said  company  certificates  of  the  stock  of  the  city  «>'  Finance  to 

r        "Z  •'    issue  to  com- 

to  the  amount  of  one  million  of  dollars,  bearing  interest  at  the  fionVo^raM^'f 
rate  of  six  per  cent,  per  annum,  from  the  first  day  of  January,  "°'^''' 
eighteen  hundred  and  seventy-two,  payable  semi-annually,which 
certificates  shall  be  redeemable  on  the  first  day  of  January, 
1902. 

The  condition  of  the  obligation   as  hereinbefore  provided  ibia.s.a. 
shall  be  for  the  payment  of  the  principal   and  interest  that  condition  of 
shall  accrue  upon  said  stock  as,  and  when,  the  same  shall  re- 
spectively become  due  and  payable. 

The  said  certificates  of  city  stock  shall  be  deli|ered  to  the  ibid,  s. 4. 
said  president  and  directors  of  the  said  railroad  company,  upon  conditions  upon 
the  express  trust  to  keep  the  said  stock  or  the  proceeds  thereof  be  delivered  to 

company. 

segregated  from  the  assets  of  the  said  company  and  to  apply 
the  same  exclusively  to  the  completion  of  the  construction  of 
the  said  Western  Maryland  Railroad  as  an  independent  road 
from  Baltimore  to  Williamsport,  and  the  equipment  for  the 
same,  and  to  the  payment  of  any  indebtedness  contracted  for 
such  purposes  only  since  the  first  day  of  September,  1870.* 


*  Ordinance  No.  108,  October  18, 1872,  provides  that:  nothing  contained 
in  above  4tli  section  shall  be  constructed  as  restricting  the  president  and 
directors  of  said  company  from  applying,  if  they  find  it  necessary  to  do  so, 
any  part  of  the  funds  derived  from  the  stock  of  the  Mayor  and  City  Council 
of  Baltimore,  issued'to  said  company  under  the  said  ordinance,  to  the  repair 
and  reconstruction  of  any  part  of  the  road  heretofore  constructed  between 
the  city  of  Baltimore  arid  Hagerstown. 


972  Stocks,  Loans  and  Finance. 

Article  XL VI. — Ordinances. 

Ibid,  8. 5.  '  The  Mayor  and  Commissioners  of  Finance  shall,  at  the  time 

Mayor  and        of  the  issuo  of  the  citv  stock  hereinbefore  authorized,  cancel 

Commissioners 

of  Finance  to    and  dcstrov  the  bonds  of  the  said  Western  Maryland  Railroad 

cancel  and  de-  "^  •' 

dw°ed  brands  of   Company,  endorsed  with  the  guarantee  of  the  Mayor  and  City 

company.          Couucil  of  Baltimore,  amounting  in  the  aggregate  to  the  sum 

of  five  hundred  and  twenty-five  thousand  dollars,  which  shall 

have  been  surrendered  by  the  president  and  directors  of  said 

company  as  hereinbefore  provided. 

Ibid,  8. 6.  Section  ten  (p.  968,  ante^  of  the  original  ordinance  to  which 

Amendment  of  this  is  a  Supplement,  is  hereby  so  amended  as  that  the  sinking 

sec  10,  of  No.  rr  T  J  o 

11,  Jan.  21,  '70.  fund  therein  created  and  required  to  be  held  and  invested  by 
the  Register  of  the  City,  for  the  security  of  the  payment  of 
the  principal  and  interest  of  the  bonds  of  the  said  Western 
Maryland  Railroad  Company  so  by  said  ordinance  authorized 
to  be  endorsed  with  the  guarantee  of  the  city,  shall  be  in  all 
respects  applicable  to  the  payment  of  the  principal  and  interest 
of  the  one  million  of  dollars  of  city  stock  authorized  by  this 
ordinance,  as  well  as  to  the  payment  of  the  principal  and  in- 
terest of  80^  much  of  the  aforesaid  endorsed  bonds  of  said 
company  as  shall  remain  after  the  cancellation  and  destruction 
hereinbefore  provided. 

Ibid,  3. 7.  The  issue  of  the  city  stock  hereinbefore  authorized  shall  not 

Issue  of  stock    be  made  unless  and  until  an  Act  of  the  General  Assembly  of 

not  to  be  made 

until  Act  of  As- Maryland   authorizing  the  same  shall  be  passed,  nor  unless 

passed.  qjj(J  until  this  ordinance  shall  have  been  submitted  to  the  legal 

submisisonto    votcrs  of  the  city  of  Baltimore,  and   a   majority  of  the  votes 

cast  at  the  said  election  shall  be  in  favor  of  the  said  ordinance.* 

*  This  ordinance  contains  the  usual  provisions  for  its  submission  to  the 
voters. 

By  the  Act  of  1872,  c.  3,  the  Mayor  and  City  Council  of  Baltimore,  were 
authorized  and  empowered  to  issue  and  lend  to  the  Western  Maryland  Rail- 
road Company,  the  stock  of  the  Mayor  and  City  Council  of  Baltimore,  to 
the  amount  of  one  million  dollars,  redeemable  on  the  first  day  of  January, 
in  the  year  nineteen  hundred  and  two,  and  bearing  interest  at  the  rate  of 
six  per  centum  per  annum,  from  the  first  day  of  January,  in  the  year  eigh- 


Stocks,  Loans  and  Finance.  973 

Article  XLVI. — Ordinances. 
The  Commissioners  of  Finance  of  the  City  of  Baltimore  are  no.  23,  Aprii  lo, 

'73. 

hereby  authorized    and   directed  to  inVest  the  sura  of  three  commisBioners 

of  Finance  au- 

hnndred  and  twenty  thousand  dollars,  out  of  any  moneys  now  '*'°'"'i*j^J^*o"i 
in  their  hands  or  which  may  hereafter  come  to  their  hands,  in  ^rn  Ma°ryUnd' 
the  purchase  of  one  hundred  and  seventy-eight  thousand  five  ^»''""«*c°- 
hundred  dollars  of  the  bonds  of  the  Western  Maryland  Rail- 
road Company,  of  the  series  known  as  the  second  preferred 
mortgage  bonds,  and  also  of  the  right,  title  and  interest  of  the 
said  company  to  two  hundred  thousand  dollars  of  other  mort- 
gage bonds  of  the  said  company  now  in  the  possession  of  the 
Register  of  the  City  of  Baltimore,  under  and  by  virtue  of  the 
provisions  of  the  tenth  section  [p.  968  ante]  of  an  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore,  approved  January 
2l8t,  1870,  entitled  an  ordinance  to  authorize  the  endorsement 
or  guarantee  by  the  Mayor  and  City  Council  of  Baltimore,  of 
the  mortgage  bonds  of  the  Western  Maryland  Railroad  Com- 

teen  hundred  and  seventy -two,  to  aid  in  the  construction  of  the  railroad  of 
the  said  company. 

The  Act  of  1872,  c.  61,  recites  that:  whereas,  at  the  present  session  of  the 
General  Assembly  of  Maryland,  an  act  was  passed  entitled  an  Act  to  au- 
thorize the  Mayor  and  City  Council  of  Baltimore  to  issue  and  lend  to  the 
Western  Maryland  Railroad  Company,  the  stock  of  the  Mayor  and  City 
Council  of  Baltimore,  to  the  amount  of  one  million  dollars,  redeemable  on 
the  first  day  of  January,  nineteen  hundred  and  two,  and  bearing  interest  at 
the  rate  of  six  per  centum  per  annum,  from  the  first  day  of  January,  eigh- 
teen hundred  and  seventy-two,  to  aid  in  the  construction  of  the  railroad  of 
said  company  ;  and  wliereas,  the  said  Act  of  Assembly  was  intended  to  au- 
thorize the  issue  of  the  said  stock  as  provided  for  by  an  ordinance  of  the 
Mayor  and  City  Council,  approved  January  17,  No.  10, 1872,  and  entitled  an 
ordinance  to  amend  an  ordinance  entitled  an  ordinance  to  authorize  the 
endorsement  or  guarantee,  by  the  Mayor  and  City  Council  of  Baltimore,  of 
the  mortgage  bonds  of  the  Western  Maryland  Railroad  Company,  and  to 
provide  a  sinking  fund  in  connction  therewith,  approved  January  21, 1870, 
and  for  greater  certainty,  it  is  deemed  better  to  declare  and  provide  that  the 
said  Act  of  Assembly  shall  have  the  same  eflFect,  as  though  it  had,  in  specific 
terms,  referred  to  the  said  ordinance,  therefore,  said  Act  of  Assembly  enacts 
that  the  said  ordinance  is  ratified  and  confirmed,  and  the  aforesaid  Act  of 
Assembly  shall  be  construed  as  authorizing  the  issue  and  lending  of  the 
said  stock  of  the  Mayor  and  City  Council  of  Baltimore,  in  the  mode  pro- 
vided in  the  said  ordinance. 


sinking  fund. 


974  Stocks,  Loans  and  Finance. 

Article  XLVI. — Ordinances. 

pany,  and  to  provide  a  sinking  fund  in  connection  therewith, 
Condition  upon  and  upon  delivery  to  them  by  said  company  of  the  said  one 

which  money  ii*if«  iijii  j 

to  be  paid.  hundred  and  seventy-eight  thousand  five  hundred  dollars,  and 
an  assignment  in  writing  of  all  the  right,  title  and  interest  of 
the  said  company  in  and  to  the  said  two  hundred  thousand 
dollars  of  bonds  in  possession  of  the  Register,  the  said  Com- 
missioners of  Finance  shall  pay  the  said  sum  of  three  hundred 
and  twenty  thousand  dollars  to  the  said  company,  at  such 
times  and  in  such  payments  as  may  be  arranged  between  the 
said  Commissioners  of  Finance  and  said  company. 

Ibid,  8.2.  Nothing  contained  in  this  ordinance  shall  alter  or  change 

Not  to  alter  or  the  provision  madc  by  the  tenth  section  of  the  ordinance  here- 
v^slorfort^"^""  inbefore  mentioned  for  a  sinking  fund,  except  so  far  as  to  ex- 
tinguish the  right,  title  and  interest  of  said  company  in  the 
said  two  hundred  thousand  dollars  of  bonds  and  its  right  to 
require  a  cancellation  of  the  same,  and  to  enable  the  said  com- 
pany to  assign  all  its  interest  in  the  same  to  the  said  Commis- 
sioners of  Finance. 

The  Commissioners  of  Finance  are  authorized,  in  their  dis- 
cretion, to  purchase  matured  coupons  detached  from  unendorsed 
bonds  of  the  Western  Maryland  Railroad  Company,  and  to 
hold  the  same  among  the  investments  of  the  redemption  funds  ; 
provided,  that  such  authority  shall  not  extend  beyond  July, 
1875. 

HILLEN  STATION. 

45,     The  Commissioners  of  Finance  of  the  City  of  Balti- 

No.  97,  May  24, 

'75.  more,  are  hereby  authorized  to  invest   any  moneys  now  in 

Commissioners  ,  .    ,  i  /.  .»      •       i         j 

of  Finance  to    their  hands,  or   which   may  hereaiter  come  to   their  lianas, 

inrest  a  sum  '  •' 

KoSo^nplr-to  an  amount  not  exceeding  two  hundred  thousand  dollars, 

ertyfor!and^i"bein    ^^^  purchasc    of   such   real    and    leasehold    property   in 

depo"°°  °''  "     the  city  of  Baltimore,  not  west  of  North  street,  not  east  of 

Exeter  street,  not  south  of  Hillen  street,  as  they  may  deem 

proper  for  the  purpose,  and  in  the  erection  upon  the  same  of  a 

plain  substantial  passenger  and  freight  depot,  engine  house 


No.  41,  June  3, 

'74. 


Stocks,  Loans  and  Finance.  975 

Article  XL VI. — Ordinances. 

and  the  necessary  appurtenances  to  the  same,  together  with 
the  tracks  not  exceeding  two  on  such  highway  or  highways  as 
may  be  necessary  to  connect  the  same  with  the  tracks  of  the 
Northern  Central  Railway.  Provided,  however,  that  no  such  Proviso, 
purchase  or  improvement  shall  he  made  until  the  Western 
Maryland  Railroad  Company  shall  have  covenanted  in  a  form 
to  be  acceptable  to  the  Commissioners  of  Finance,  and  ap- 
proved by  the  City  Counselor,  that  it  will  accept  from  the 
Mayor  and  City  Council  of  Baltimore  a  lease  of  such  lots, 
and  the  improvements  so  to  be  erected  and  made,  for  a  term 
of  ninety  nine  years  renewable  forever,  subject  to  an  annual 
rent  equal  to  8  per  cent,  per  annum  upon  the  amount  invested  Annual  rental, 
by  the  city  in  said  lot  and  improvement,  payable  in  equal 
monthly  instalments.* 

When   the   buildings   and   improvements   shall   have  been  iw«i,»-2. 
completed,  the  Mayor  shall  execute  to  the  Western  Maryland  ^'e  a'leaseto 
Railroad  Company,  its  successors  and   assigns,  a  lease  of  the  ^*c^; ^'^ih^* 
same   in    manner   and   form  as   hereinbefore  mentioned,   re-  buuJings°&c. 
serving   the   right   hereinbefore    mentioned,    payable   to   the 


said    Commissioners    of  Finance,  and   containing   covenants  p°r\"'^  Md 
on   the   part  of  the   said   company  to  pay  said  rent  in  man- "  ^'  ^°' 
ner  aforesaid,  and  to  maintain  and  keep  the  improvements  in 
complete-  repair,  and  to  insure  the  buildings  for  the  benefit  of 
the  lessors,  or  so  that  they  shall  be  replaced  by  the  insurers  to 
an  amount  equal  to  the  value  of  the  same,  and  containing  also 

*  This  ordinance  recites  that  it  has  been  represented  to  the  Mayor  and 
City  Council  of  Baltimore,  that  an  advantageous  purchase  can  be  made  by 
the  Commissioners  of  Finance  of  the  City  of  Baltimore,  of  certain  parcels 
of  real  and  leasehold  property  in  the  city  of  Baltimore,  and  that  such  prop- 
erty can  be  improved  by  the  erection  of  a  railway  depot  and  other  build- 
ings at  moderate  cost,  and  permanently  leased  to  the  Western  Maryland 
Railroad  Company ;  and  that  it  is  believed  that  such  will  be  a  safe  invest- 
ment of  any  funds  in  the  hands  of  said  Commissioners  of  Finance,  and  at 
the  same  time,  the  large  interest  of  the  Mayor  and  City  Council  of  Balti- 
more in  said  company  will  be  greatly  benefited  by  enabling  the  said  com- 
pany to  obtain  a  depot  within  the  central  portion  of  the  city,  and  by  the 
large  increase  of  the  revenue  of  said  company  which  will  thence  result. 


I 


976  Stocks,  Loans  and  Finance. 

Article  XLVI. — Ordinances. 
Covenants  by     covenants  bv  the  Mayor  and  City  Council  of  Baltimore  that 

the  Mayor  and  J  J  J 

City  Council.  \i  yf^\}^  convej  to  Said  company,  its  successors  and  assigns,  the 
reversion  in  said  premises,  so  to  be  demised,  at  any  time  upon 
payment  to  the  said  Commissioners  of  Finance  of  the  sum  of 
two  hundred  thousand  dollars,  or  so  much  thereof  as  may  by 
them  have  been  invested  in  said  property  and  improvements, 
together  with  all  the  accrued  rent  and  a  due  proportion  of  the 

commissionerg  accruing  rent ;  and  also  that  said  commissioners  will  set  apart 

to  set  apart  one- 

ejg^tof  the  as  the  same  shall  be  received,  one  eighth  part  of  the  said  rent 
and  hold  the  same  together  with  interest  at  the  rate  of  six  per 
centum,  to  be  allowed  to  said  company  upon  the  same  from 
the  times  when  the  same  shall  be  paid,  as  a  fund  for  the  pur- 
chase by  said  company  of  said  reversion,  and  that  when  the 
same  shall  have  accumulated  to  said  sum  of  two  hundred 
thousand  dollars,  or  so  much  thereof  as  may  have  been  in- 
vested for  the  purposes  above  mentioned,  and  all  rent  shall 
have  paid,  the  Mayor  and  City  Council  will  convey  said  rever- 
sion to  said  company,  its  successors  and  assigns ;  and  that  if 
the  said  company,  its  successors  or  assigns,  shall  wish  to  pur- 
chase the  reversion  at  any  time,  the  amount  of  the  said  accu- 
mulated fund  then  in  the  hands  of  the  said  Commissioners  of 
Finance  shall  be  treated  as  apart  of  and  credit  upon  the  sum 
to  be  paid. 

Ibid,  s.  3.  Before  such  lease  shall  be  made,  notice  shall  be  given  thereof, 

Public  notice  to  by  publication  in  the  manner  provided  by  Sec.  2,  of  Article 

be  given.  jy^  p.  L,  ^  * 

*  Sec.  2,  Article  I,  p.  10,  ante. 

Note. — The  Act  of  1874,  c.  477,  enacted  that :  In  the  contingency  of  the 
foreclosing  of  the  mortgages  of  the  Western  Maryland  Railroad  Company, 
it  shall  be  lawful  for  the  city  of  Baltimore,  in  virtue  of  its  large  interest  and 
investments  in  said  company,  to  purchase  all  the  properties  and  assets  of 
said  company,  including  the  right  of  way,  railroad  track,  rolling  stock,  sta- 
tions, <£c.,  &c.,  at  such  time  as  the  Mayor  and  City  Council  of  Baltimore 
3hall  pass  an  ordinance  declaring  it  expedient  and  proper  to  make  such  pur- 
chase ;  provided,  that  the  ordinance  shall  in  all  respects  conform  to  the    re- 


Stocks,  Loans  and  Finance.  977 

Article  XL VI. — Ordinances. 

quirements  of  the  seventh  section  of  article  eleven  of  the  Constitution,  [p.  6, 
ante.}  In  order  to  provide  the  means  for  the  purchase  aforesaid,  the  Mayor 
and  City  Council  of  Baltimore  may  issue  the  bonds  of  the  city  for  an 
amount  not  exceeding  two  million  dollars,  upon  each  terms  and  conditions, 
and  in  such  manner  as  the  Mayor  and  City  Council  of  Baltimore  may  here- 
after by  ordinance  prescribe ;  provided,  that  the  said  bonds  shall  not  be  issued 
nor  the  purchase  be  made  until  the  ordinance  authorizing  or  directing  the 
same  shall  be  submitted  to  the  le^l  voters  of  the  city  of  Baltimore,  at  such 
time  and  places  as  may  be  fixed  by  such  ordinance,  and  be  approved  by  a 
majority  of  the  votes  cast  at  such  time  and  places. 

By  Act  of  1878,  c.  808,  the  Mayor  and  City  Council  of  Baltimore  are 
authorized  and  empowered  to  purchase  the  whole  or  any  part  of  the  bonds 
of  the  Western  Maryland  Railroad  Company,  issued  under  the  mortgage  of 
said  company,  known  as  the  "  Second  Preferred  Mortgage,"  and  also  the 
coupons  issued  with  said  bonds,  whether  detached  or  not  detached,  and  the 
funding  certificates  issued  for  such  couj^ns,  at  such  price  as  may  be  agreed 
upon  between  the  said  company  and  the  Finance  Commissioners  of  the  said 
city. 

2.  In  order  to  enable  the  Mayor  and  City  Council  of  Baltimore  to  pur- 
chase the  said  bonds,  coupons  and  certificates,  it  is  hereby  authorized  to 
issue  its  certificates  of  indebtedness,  commonly  known  as  city  stock  to  an 
amount  not  exceeding  the  sum  of  four  hundred  thousand  dollars,  upon  such 
terms  and  conditions,  and  in  such  manner  as  the  Mayor  and  City  Council  of 
Baltimore  may  hereafter  provide  by  ordinance,  but  no  part  thereof  shall  be 
issued,  nor  shall  any  such  purchase  be  made  until  the  ordinance  directing  or 
authorizing  such  purchase,  and  the  issue  of  such  certificates  of  indebtedness  or 
city  stock,  shall  have  been  submitted  to  the  legal  voters  of  the  city  of  Balti. 
more,  at  such  time  and  places  as  may  be  fixed  by  said  ordinance,  and  ap- 
proved by  a  majority  of  the  votes  cast  at  such  time  and  places. 

By  the  Act  of  1878,  c.  265,  the  Mayor  and  City  Council  of  Baltimore  are  au . 
thorized  and  empowered  to  convert  any  bonded  or  other  indebtedness  of  the 
Western  Maryland  Railroad  Company,  now  held  or  hereafter  to  be  held  by  the 
Mayor  and  City  Council  of  Baltimore,  into  the  preferred  stock  ol  said  company 
and  also  to  purchase  or  pay  any  or  all  of  the  bonds  and  coupons  of  said  com- 
pany which  have  been  endorsed  or  guaranteed  by  the  said  Mayoi  ana  City 
Council  of  Baltimore,  and  to  convert  the  same  into  the  preferred  stock  of  said 
company,  the  said  stock  to  be  of  such  series  and  issued  in  such  manner  as 
may  be  agreed  upon  by  the  said  company  and  the  Mayor  and  City  Council 
of  Baltimore. 

2.  That  in  order  to  enable  the  Mayor  and  City  Council  of  Baltimore  to 
purchase  or  pay  for  the  bonds  mentioned  in  the  preceding  section,  it  is  here- 
by authorized  and  empowered  to  issue  its  certificates  of  indebtedness,  com- 
monly known  as  city  stock,  to  an  amount  not  exceeding  the  sum  of  six 
hundred  thousand  dollars,  u'pon  such  terms  and  conditions  and  in  such 
manner  as  the  said  Mayor  and  City  Council  of  Baltimore  may  hereafter 


978  Stocks,  Loans  and  Finance. 


Article  XLVI. — Ordinances. 


provide  by  ordinance,  but  no  part  thereof  shall  be  issued  until  the  ordinance 
directing  or  authorizing  the  issue  of  the  same  shall  have  been  submitted  to 
the  legal  voters  of  the  city  of  Baltimore,  at  such  time  and  places  as  may  be 
fixed  by  said  ordinance,  and  approved  by  a  majority  of  the  votes  cast  at 
such  time  and  places. 

3.  That  if  holders  of  the  bonds  and  coupons  of  the  Western  Maryland 
Railroad  Company,  issued  under  its  mortgage,  commonly  known  as  the 
"  Second  Preferred  Mortgage,"  and  of  the  overdue  coupons  on  the  same, 
and  of  funding  certificates  issued  for  the  said  overdue  coupons,  will  accept 
from  said  company  its  preferred  stock  for  amounts  equal  to  or  not  exceeding 
the  face  value  of  such  bonds,  coupons  or  funding  certificates,  and  will  sell, 
transfer  and  deliver  to  the  Mayor  and  City  Council  of  Baltimore  such  bonds, 
coupons  and  funding  certificates,  in  consideration  of  the  guarantee  by  the 
Mayor  and  City  Council  of  Baltimore  of  dividends  upon  said  stock,  to  the 
extent  in  this  section  mentioned,  then  the  said  Mayor  and  City  Council  of 
Baltimore  shall  be  authorized  to  purchase  and  become  the  owner  of  said 
bonds,  coupons  and  funding  certificates,  and  to  give  as  the  consideration  to 
support  such  purchase  the  guarantee  of  the  Mayor  and  City  Council  of 
Baltimore  of  the  payment  of  dividends  to  the  holders  of  such  stock,  not 
exceeding  three  and  a-third  per  centum  per  annum  upon  the  par  value  of 
the  same.  And  the  said  Mayor  and  City  Council  of  Baltimore  are  hereby 
authorized  to  provide  by  ordinance  the  mode  in  which  such  guarantee  shall 
be  given,  and  for  any  other  details  which  may  be  necessary  to  carry  out  the 
objects  of  this  section,  and  for  fixing  the  terms  upon  which  the  said  com- 
pany may  pay  and  extinguish  the  bonds,  coupons  and  funding  certificates 
so  to  be  purchased  by  the  said  Mayor  and  City  Council  of  Baltimore. 

4.  That  if  holders  of  the  bonds,  coupons  or  funding  certificates  in  the 
preceding  section  mentioned  will  reduce  the  amounts  thereon  to  such  sum 
that  the  interest  thereon  at  the  rate  of  six  per  centum  per  annum  will  be 
equal  to  interest  not  exceeding  three  and  one-third  per  centum  per  an- 
num, upon  the  original  amounts  thereof,  then  the  Mayor  and  City  Council 
of  Baltimore  is  hereby  authorized  and  empowered  to  guarantee,  in  any  ap- 
propriate manner,  the  payment  by  said  company  of  the  principal  and 
interest,  or  the  interest  only,  of  such  reduced  amounts,  and  to  provide  by 
ordinance  for  the  manner  of  making  such  guarantee,  and  the  terms  and 
conditions  upon  which  the  same  will  be  made. 

5.  That  neither  the  guarantee  of  the  dividends,  or  of  the  payment  of 
principal  and  interest,  or  any  part  thereof,  in  the  last  preceding  two  sections 
mentioned,  shall  be  made  by  the  Mayor  and  City  Council  of  Baltimore 
until  the  ordinance  authorizing  or  directing  the  same  shall  have  been  sub- 
mitted to  the  legal  voters  of  the  city  of  Baltimore,  at  such  time  and  places 
as  may  be  fixed  by  said  ordinance,  and  approved  by  a  majority  of  the  votes 
cast  at  such  time  and  places. 


Stocks,  Loans  and  Finance.  979 

Article  XL VI. 


SUBSCRIPTIONS  AUTHORIZED  BY  ACTS  OF  ASSEMBLY. 

Maryland  and  Delaware  Ship  Canal.— By  Act  of  1878,  c.  338,  the 
Mayor  and  City  Council  of  Baltimore  are  authorized  and  empowered 
to  subscribe  to  the  capital  stock  of  the  Maryland  and  Delaware  Ship  Canal 
Company,  or  to  endorse  the  first  mortgage  bonds  of  the  said  company,  to  an 
amount  not  exceeding  five  hundred  thousand  dollars,  upon  such  terms  and 
conditions  as  the  said  Mayor  and  City  Council  may  by  ordinance  prescribe ; 
provided,  that  the  ordinance  authorizing  such  subscription  for  said  endorse- 
ment shall  have  been  submitted  to  the  legal  voters  of  the  city  of  Baltiipore, 
at  such  time  and  places  as  may  be  fixed  by  said  ordinance,  and  approved  by 
a  majority  of  the  votes  cast  at  such  time  and  places.  That  the  said  five 
hundred  thousand  dollars,  or  any  part  thereof,  shall  not  be  paid  until  the 
said  Maryland  and  Delaware  Ship  Canal  is  completed.  See  Resolution  No. 
10,  Acts  of  1878. 

Baltimore,  Chesapeake  and  Delaware  Bat  Railroad.— By  the  Act 
of  1876,  c.  391,  the  Mayor  and  City  Council  of  Baltimore  are  authorized 
and  empowered  to  subscribe  to  the  capital  stock  of  the  Baltimore,  Chesa- 
peake and  Delaware  Bay  Railroad  Company,  or  to  endorse  the  first  mort- 
gage bonds  of  the  said  company,  to  an  amount  not  exceeding  six  hundred 
thousand  dollars,  upon  such  terms  and  conditions  as  the  said  Mayor  and 
City  Council  may  by  ordinance  prescribe. 


980 


Streets  and  Citt  Commissioner. 


Article  XLVII. 


ARTICLE   XLVII. 


STKEETS  AND  CITY  COMMISSIONER. 


STATUTES 


1.  Power  to  open,  widen,  close,  &c. 

streets,  squares,  lanes  or  alleys : 
damages ;  appeals :  jury  trial : 
compensation. 

2.  Notice  of  application. 

3.  Notice  by  Commissioners. 

4.  Mayor  and  City  Council  author- 

ized to  provide  by  general  or- 
dinance for  establishing  and 
changing  grade  lines. 

5.  To  provide  for  grading,  paving, 

kerbing,  &c. 

6.  When  special  ordinance  not  re- 

quired. 

7.  Who  deemed  owners. 

8.  Where  real  estate  has  been  divi- 

ded in  reference  to  streets  to  be 
opened, streets  maybe  opened: 
proviso :  notice. 

9.  Streets  so  opened,  public  high- 

ways. 

10.  Paving,  cleaning  out,  &c.,  pri- 


vate wharf,  dock  or  street :  ex- 
penses. 

11.  Grading,    regulating,     paving, 

&c.,  footways :  tax :  fine. 

12.  Altering  grade  on  account  o  f 

health :  duty  of  Mayor  and 
City  Commissioner:  persons  to 
assess  damages :  award. 

13.  Turnpike  roads    running  into 

city. 

14.  Removal  of  dirt  and  filth  from 

streets:  pavements:  lamps. 

NORTH   AVENUE. 

15.  Subject  to  same  conditions,  &c., 

as  other  streets :  grading,  pav- 
ing, kerbing,  &c.:  liability  of 
owners:  laws  and  ordinances 
applicable. 

BRIDGES  AND   HIGHWAYS. 

16.  Authority  to  Mayor  and  City 

Council  to  purchase  bridges 
and  turnpike  roads . 


ORDINANCES. 


OPENING,    WIDENING,    CLOSING,    &C., 
STREETS. 

1.  Three  Commissioners. 

2.  Oath  or  afiirmation  of  Commis- 

sioners. 

3.  Oath  or  affirmation  to  be  record- 

ed. 


4.  Record  of  proceedings :  recorded 

orders:  City  Surveyor:  com- 
pensation :  oath  of  clerk,  &c. 

5.  Assessment  for  benefits :  assign- 

ment to  be  received  by  Regis- 
ter or  Collector. 


Steeets  and  City  Commissioner. 


981 


Article  XLVn. 


6.  Notice  to   be  given :  award  of 

damages :  assessment  of  tiiose 
benefited :  expenses  and  dam- 
ages: Register. 

7.  When  Commissioners  to  ascer- 

tain full  value  of  lot  and  im- 
provement:  when  to  sell 
materials  of  house  necessary 
to  remove  and  residue  of  lot : 
notice :  deed  from  Mayor  and 
City  Council :  bond  from  pur- 
chaser :  removal  of  materials, 
&c.:  when  Commissioners  to 
re-sell :  notice :  proviso :  con- 
demnation of  part  of  lot :  pro- 
viso: notice. 

8.  Statement  to  be  placed  in  Regis- 

ter's office  :  maps  :  represen- 
tations and  testimony  to  be 
considered  :  duty  of  Register  : 
right  of  appeal  to  City  Court. 

9.  Duty  of  clerk  to  Commissioners 

for  Opening  Streets. 

10.  Appeal  to  City  Court:  court  to 

appoint  day :  right  of  jury 
trial :  judge  to  have  power  to 
add  reasonable  costs. 

11.  When  ordinance  for  opening, 

&c.,  street  declared  void  or  re- 
pealed, how  parties  reimburs- 
ed :  payment  of  expenses. 

12.  Collector  to  notify  parties  assess- 

ed :  sale :  notice. 

13.  Collector    authorized  to  sell 

property :  notice. 

14.  Mode  of  sale :  Collector  to  re- 

sell. 

15.  Collector  to  execute  deed  of  con- 

veyance :  purchase-money. 

16.  Liens :  when  to  invest  in  city 

five  per  cent,  stock. 

17.  Persons  not  claiming  title  may 

pay  amount  of  assessment: 
certificate. 

18.  Temporary  commissioners. 

19.  Limit  of  time. 

20.  Term  of  years. 


21 


Obstructions  to  be  removed : 
suit  for  expenses. 

22.  Per  diem  to  be  assessed. 

23.  Salaries  of  Commissioners  and 

clerk:  expenses. 

24.  Books  and  papers  to  be  deposit- 

ed with  Register. 

25.  Deeds  from  owners  of  property: 

duty  of  Examiner  of  Titles : 
square:  plat. 

Public  highways. 

When  petitions  or  remon- 
strances not  entertained :  loca- 
tion of  property. 


26. 
27. 


GRADES,  GRADING,   PAVING,    AC. 

28.  Permanent  grade  lines :  chan- 

ges :  record  and  return. 

29.  Notice  of  application,  &c. 

30.  Grading,  paving,  &c. 

31.  Notice  of  application,  «S5C. 

32.  Notice  for  proposals 

33.  Who  deemed  owners. 

34.  Tax  on  owners  :  lien. 
List  of  persons  liable  to  pay. 
Interest. 

Flag  and  stepping-stones. 
When  alleys,  &c.,  paved  virith- 

out  kerbstones :  proviso. 

When  streets,  &c.,  paved  with 
rubble  stone,  &c.:  gutter 
stones :  kerbstones :  proviso : 
security  from  contractor. 

City  Commissioner  and  assis- 
tants to  examine  kerb,  flag, 
&c.,  stones,  paving,  &c.:  penal- 
ty on  contractor. 

Petition  by  Mayor  for  grading, 
&c. 

Expenses  of  cross  streets. 

Regrading,  &c. 

Private  contracts  of  owners  for 
grading,  &c.:  proviso:  bond: 
penalty. 

Bond  from  parties  to  whom 
contracts  are  awarded. 


40, 


41. 

42. 
43. 
44. 


45 


982 


Streets  and  City  Commissioner. 


Article  XLVII. 


46.  When  contractor  to  forfeit  all 

claim  to  contract :  new  award. 

47.  What  per  centage  to  be  withheld 

from  contractors,  and  for  how 
long:  guaranty. 

48.  Contracts,  how  awarded. 

49.  General  regulations  for  grading 

and  paving  footways. 

50.  Notice  to  owners  of  property: 

when  to  be  published:  collector. 

51.  Notice  to  be  given  to  proprie- 

tors. 

52.  Proceedings  in  case  of  neglect 

or  refusal. 

53.  Footway  tax,  how  collected :  lien 

54.  May  be  collected  by  distress. 

55.  Register  to  pay  in  anticipation. 

56.  Penalty  for  refusal. 

57.  Footways,  &c.,  to  be  inspected 

biennially. 

58.  Footways,  how    to  be   paved 

with  stone. 

59.  Paving  bonds  to  be  extended 

by  Mayor. 

60.  Notice  to    owners :   footways : 

pavements  of  brick  :  fine. 

61.  Nicholson  or  improved   pave- 

ment :  proviso. 

REPAIRING,  MENDING,  &C.,  STREETS 
AND  BRIDGES. 

62.  Appointment  of  City  Commis- 

sioner: to  attend  office  daily: 
Assistant  City  Commissioner : 
not  to  be  engaged  in  or  con- 
nected with  other  business. 

63.  Bond  of  Commissioner :  of  as- 

sistant :  salary. 

64.  Duty  of  Assistant  City  Commis- 

sioner: work  to  be  correctly 
measured:  record. 

65.  Two  additional  assistants :  sala- 

ries. 

66.  Duty  of  last  named  assistants. 

67.  Clerk :  salary  :  duties :  journal: 

return  to  Register :  bids  for 
work :  papers. 


68.  Leveling,  grading,  mending, 
&c.,  streets,  &c.:  contracts, 
how  approved. 

69    Money  expended,  how  paid. 

70.  Report  to  Council. 

71.  Statement  of  streets,  &c.  paved 

or  repaved :  contractors. 

72.  Heading  of  documents. 

73.  City  Commissioner  to  fix  lines 

of  streets,  &c.,  boundaries  of 
lots :  land  marks. 

74.  Lines  of  streets  in  laying  foun- 

dations of  houses  :  duty  of  City 
Commissioner :  City  Surveyor: 
penalty. 

75.  Appeal  to  Mayor  from  deter- 

mination of  City  Commission- 
er: commission  to  disinterested 
persons :  compensation:  return 
of  award  to  Register  :  oath. 

76.  Duty  of  Mayor :  bond  for  ex- 

penses. 
77. ,  How  expenses  ascertained. 

78.  Power  to  enter  lots  or  posses- 

sions. 

79.  Bridges. 

80.  Injuring    or    destroying  abut- 

ment, mound,  &c. :  penalty. 

81.  Placing  flag  and  stepping- 

stones. 

82.  Repairing  and  cleaning  private 

wharves,  docks,  &c. 

83.  Trenches    made  by  gas  com- 

panies. 

LAMPS  AND   GAS. 

84.  Construction,  &c.,  of  lamps  and 

lamp  pillars. 

85.  Register  to  pay. 

86.  Name  of  street  on  lamp. 

87.  New  lamps  to  have  names  on. 

88.  Destroying    lamps,   &c.:   pen- 

alty. 

89.  Private  lamps  regulated:  pro- 

visos: penalty. 

90.  Lighting  or  extinguishing  pub- 

lic lamps :  penalty. 


Streets  and  City  Commissioner. 


983 


Article  XLVII. 


91. 
93. 
93. 


94. 


BUPERINTENDENT8  OP  LAMPS  AND 
LAMPLIOIITBUS. 

Appointed  by  Mayor :  duties. 
Light  on  Sunday  night. 
Compensation  of  superintend- 
ents and  lamplighters. 

PERMITS. 

Earth  not  to  be  removed  from 
unpavcd  streets  witliout  per- 
mission. 

95.  Ditches  not  to  be  dug  in  lanes 

or  alleys  without  pennission. 

VAULTS,  AREAS  AND  CELLARS. 

96.  City  Commissioner  to  give  per- 

mission to  construct:  proviso. 

97.  Penalty  for  constructing  with- 

out written  permission. 

98.  How  application  to  be  made. 

99.  Payment  to  Register. 

100.  Penalty  when  the  number  of  ft. 
exceeds  the  number  paid  for. 

To  be  completed  within  three 

weeks:  proviso. 

Extent  of  areas. 

Areas  to  be  enclosed :  proviso. 

What  constitutes  vaults  and 
areas. 

Entrances  to  cellars  to  be  cover- 
ed when  not  in  use  :  penalty. 

Cellar  doors,  how  to  be  con- 
structed. 

Duty  of  police. 

Vaults,  how  to  be  covered : 
penalty. 

Apertures  of  vaults,  how  to  be 
covered:  penalty:  proviso. 

Precautions  while  constructing, 
penalty. 


101. 

108. 
103. 
104. 

105. 

106. 

107. 
108. 

109. 

110. 

111.  Removal  of  covering 

REGULATIONS. 

112.  Penalty  for  firing  guns,  &c. : 

exception :  firing  from  aboard 
vessels. 

113.  Coal  and  troughs  in  streets  pro- 

hibited. 

114.  Firewood  in  streets  legulated: 

penalty. 


115.  Barrels,  hogsheads,  boxes,  &c. : 

penalty :  not  more  than  one- 
half  of  footway  to  be  used. 

116.  When  streets  may  be  obstruct- 

ed :  goods  liable  to  inspection 
regulated. 

117.  Goods,  &c.,  not  to  project  more 

than  three  feet :  penalty. 

118.  Wheelbarrows,    &c.,   on    foot- 

ways prohibited :  proviso. 

119.  Lumber,  &c.,  regulated :  notice 

from  City  Commissioner  or 
police:  penalty. 

120.  Horses  not  to  be  shod  or  fires 

made  in  streets :  penalty :  pro- 
viso :  when  fires  allowed. 

121.  Hitching  posts. 

122.  Penalty  for    injuring  trees  in 

streets,  &c. :  proviso. 

123.  Sparrows,  robins,  wrens,  &c., 

protected:  bird  boxes :  pen- 
alty. 

124.  Water  from  gutters  not  to  be 

thrown  on  streets. 

125.  Snow  to  be  removed  from  foot- 

ways :  exception :  penalty. 

126.  No  salt  to  be  used  to  melt  ice  or 

snow:  penalty. 

127.  Duty  of  police  with  respect  to 

snow,  ice,  &c. 

128.  Bulky  articles  not  to  be  thrown 

from  windows:  sliding 
boards,  skids,  &c.,  regulated  : 
penalty:  proviso. 

129.  Penalty  for  playing  bandy,  fly- 

ing kite,  throwing  stones,  «&c. 

130.  Political    organizations  not  to 

parade  after  dark :  penalty. 

DRIVING    CATTLE,  SHEEP  OR  SWTNK 
THROUGH   STREETS. 

131.  Hours  when  cattle,  &c.,  may 

be  driven  through  certain 
streets. 

132.  Streets. 

133.  Streets. 

134.  Streets. 

135.  Penalty. 


K 


984 


Stkeets  and  City  Commissioner. 


Article  XL VII.— Statutes. 


136.  Swine  not  permitted  to  lie  down 

in  streets :  penalty. 

137.  Driving  cattle,  sheep  and  hogs 

through  streets  prohibited,  ex- 
cept to  slaughter  houses  or 
shipping  points :  exception  : 
proviso. 


CATTLE,  SWINE  AND  GOATS  AT  LARGE. 

138.  Cattle  and  swine  not  permitted 

to  go  at  large:  when  taken'up, 
how  disposed  of:  penalty. 

139.  Appropriation. 

1 40.  Goats  going  at  large  may  be  kill- 

ed or  seized :  appropriation. 

141.  Penalty  on  owners  of  goats. 


STATUTES. 

P.  L.  L.,art.  4,       1,     The  MavoF  and  City  Council  of  Baltimore  shall  have 

sec.  837, 1878,  c.  J  J 

1^3.  fill]  poorer  to  provide  for  laying  out,  opening,  extending,  widen- 

Powertoopen,  ing,  Straightening  or  closing  up  in  whole  or  in  part,  any  street, 

widen,  close,  ^'  ^  ^  ^      ^  .  .  i  •   i     • 

Ac,  streets,      sQuare,  lauc  or  alley  within  the  bounds  of  said  city,  which  in 

squares,  lanes        t.  '  t/  -i 

or  alleys.  their  opiuion  the  public  welfare  or  convenience  may  require  ; 

to  provide  for  ascertaining  whether  any,  and  what  amount  in 
value,  of  damage  will  be  caused  thereby,  and  what  amount  of 
benefit  will  thereby  accrue  to  the  owner  or  possessor  of  any 
ground  or  improvements  within  or  adjacent  to  said  city,  for 
which  such  owner  or  possessor  ought  to  be  compensated,  or 
ought  to  pay  a  compensation,  and  to  provide  for  assessing  and 
levying,  either  generally  on  the  whole  assessable  property  of 
said  city,  or  specially  on  the  property  of  persons  benefited, 

Damages.  the  wholo  or  any  part  of  the  amount  of  damages  and  expenses 
which  they  shall  ascertain  will  be  incurred  in  locating,  opening, 
extending,  widening,  straightening  or  closing  up  the  whole  or 
any  part  of  any  street,  square,  lane  or  alley  in  said  city  ;  to 
provide  for  granting  appeals*  to  the  Baltimore  City  Court, 


*The  jurisdiction  over  these  appeals  is  now  vested  by  Const.,  1867,  Art.  4^ 
sec.  28,  in  the  Baltimore  City  Court.  The  jurisdiction  of  the  Criminal  Court  in 
this  matter  ceased  with  Const.,  1864,  Art.  4,  sec.  36,  and  Art.  4,  sec.  33,  and 
that  of  the  Superior  Court  with  Const.,  1867 .  See  Mayor,  &c.  v.  Clunet,  23  Md . 
449.  p.  G.  L.,  Art.  29,  sees.  51-53,  provided  that  the  Superior  Court,  [now  Bal- 
timore City  Court,]  shall  have  and  exercise  jurisdiction  in  appeals  from  the 
decisions  of  any  commissioners  or  other  persons  appointed  in  virtue  of  any 
ordinance  to  ascertain  the  damage  which  will  be  caused,  or  the  benefit  which 
will  accrue  to  the  owners  or  possessors  of  grounds  or  improvements  by  lo- 


Streets  and  City  Oommissioneb.  985 

Article  XL VII.— Statutes. 

from  the  decisions  of  any  commissioners,  or  other  persons  ap- 
pointed in  virtue  of  any  ordinance,  to  ascertain  the  damage 
which  will  be  caused  or  the  benefit  which  will  accrue  to  the 
owners  or  possessors  of  ground  or  improvements  by  locating, 
opening,  extending,  widening,  straightening  or  closing  up,  in 
whole  or  in  part,  any  street,  square,  lane  or  alley  within  said 
city,  and  for  securing  to  every  such  owner  and  possessor  the 
right,  on  application  within  a  reasonable  time,  to  have  decided 
by  a  jury  trial  whether  any  damage  has  been  caused,  or  any  Jury  trui. 
benefit  has  accrued  to  them,  and  to  what  amount;  to  provide  for 
collecting  and  paying  over  the  amount  of  compensation  ad-  compensation, 
judged  to  each  person  entitled,  or  investing  it  in  stock  of  the  said 
corporation,  bearing  an  interest  of&veper  centum  per  annum, 
for  the  use  of  any  such  persons  who  because  of  their  infancy,  ab- 
sence from  the  city,  or  any  other  cause,  may  be  prevented  from 
receiving  it,  before  any  street,  square,  lane  or  alley,  in  whole  or 
in  any  part,  shall  be  so  opened,  extended,  widened,  straightened 
or  closed  up,  and  to  enact  and  pass  all  ordinances,  from  time  to 
time,  which  shall  be  deemed  necessary  and  proper  to  exercise 
the  powers  and  effect  the  objects  above  specified. 

2.     Before  the  Mayor  and  City  Council  shall  pass  any  or-  p.  l.  l.  art.  4, s. 
dinance  uuder  the  preceding  section,  at  least  sixty  days'  notice  Notice  of  appii- 
shall  be  given  of  any  application  for  the  passage  of  such  ordi-  ''*"*"'■ 
nance,  in  at  least  two  of  the  daily  newspapers  in  the  said  city.* 

eating,  opening,  extending,  widening,  straightening  or  closing  up,  in  whole 
or  in  part,  any  street,  square,  lane  or  alley  within  the  city  of  Baltimore. 

The  appeal  from  the  assessment  of  the  commissioners  shall  betaken  within 
thirty  days  after  the  expiration  of  the  notice  of  such  assessment  required  to 
be  given  by  the  city. 

1870,  c.  263,  provided  that  all  appeals  from  decisions  on  matters  of  law 
made  by  the  courts  of  Baltimore  city  in  relation  to  streets  in  said  City,  shall 
stand  for  hearing  in  the  Court  of  Appeals,  at  the  first  term  after  the  trans- 
mission of  the  record.    See  Const.,  1867,  Art.  4,  sec.  15. 

*  Held  in  Mat/or,  &c.  v.  Grand  Lodge  of  I.  0.  0.  F.,  44  Md.  436,  that  the 
notice  of  sixty  days  was  a  condition  precedent  to  the  valid  exercise  of  the 


986  Streets  and  City  Commissioner. 


Article  XL VII.— Statutes. 


Ibid,  s.  839.  3,     Before  any  coimnissioners  appointed  by  any  ordinance 

Notice  by  com-  of  Said  Corporation  under  the  precedino'    two  sections   shall 

proceed  to  the  performance  of  their  duty,  they  shall  give  notice 

in  at  least  two  of  the  daily  newspapers  in  the  city  of  Balti- 


power  in  any  given  case,  and  that  any  ordinance  wliich  did  not  substantially 
conform  to  the  notice,  would  be  inoperative  and  void. 

A  notice  as  required  by  the  above  section  was  as  follows :  "Notice  is  here- 
by given  that  application  will  be  made  to  the  Mayor  and  City  Council  of 
Baltimore  to  open  and  condemn  Lexington  street,  from  Holliday  to 
Douglas  street."  The  ordinance  purporting  to  have  been  passed  in  pursuance 
of  this  notice  was  entitled  an  ordinance  to  condemn  and  open  Lexington 
street  eastward  from  Gay  street,  so  as  to  make  it  intersect  the  present  west- 
ern terminus  of  Douglas  street,  and  to  change  the  name  of  Douglas  to 
Lexington  street ;  and  its  first  section  directed  the  Street  Commissioners  "to 
condemn  and  open  Lexington  street,  eastwardly  from  Gay  street,  so  as  to 
make  it  intersect  the  present  western  terminus  of  Douglas  street,  as  laid 
down  and  delineated  on  a  plat  of  said  opening  recently  made  by"  the  City 
Surveyor  as  follows :  and  then  the  limits  and  bounds  of  this  opening  and  ex- 
tension were  described. 

In  another  section  the  name  of  Douglas  street  was  changed  to  Lexington 
street.  The  opening  and  extension  contemplated  by  the  notice  was  to  be 
from  Holliday  street,  and  to  continue  Lexington  street  from  that  point  to 
Douglas  street.  The  ordinance  provided  that  the  condemnation  and  opening 
should  begin  at  Gay  street  and  extend  to  Douglas  street;  and  nothing  more. 
Held :  1.  That  the  difference  between  what  the  notice  stated,  was  contem- 
plated and  would  be  applied  for,  and  what  the  ordinance  actually  authorized 
and  directed  to  be  done,  was  material  and  essential.  2.  That  the  ordinance 
not  being  in  substantial  conformity  with  the  notice,  was  inoperative  and  void. 
Mapoi;  &c.  v.  Orand  Lodge,  I.  0.  0.  F.,  44  Md.  436. 

Held  in  Dashiell  v.  Mayor,  &c.  45  Md.  616,  that  although  this  section  made 
the  notice  of  sixty  days  essential  to  the  validity  of  a  condemnation  ordinance, 
the  proceedings  to  open  and  condemn  a  street  were  entirely  different  from 
the  proceedings  to  pave  it ;  and  if  in  an  action  by  the  city  to  recover  from 
a  party  a  paving  tax  assessed  on  lots  belonging  to  him,  the  validity  of  the 
condemnation  ordinance  could  be  assailed  at  all  for  any  matter  delwrs  the 
ordinance  itself,  the  onus  of  proof  was  on  the  party  raising  the  objection. 
An  objection  that  the  commissioners  gave  by  publication  twenty-nine  in- 
stead of  thirtj'  days'  previous  notice  of  meeting  to  execute  their  powers 
under  the  condemnation  ordinance,  was  held  an  irregularity  that  might 
have  been  availed  of  on  an  appeal  from  the  proceedings  under  the  ordi- 
nance, but  could  not  be  relied  on  in  the  action  of  the  city  to  recover  the 
paving  tax. 


Streets  and  City  Commissionbe.  987 

Article  XL VII.— Statutes. 

more  of  the  object  of  the  ordinance  under  which  they  propose 
to  act,  at  least  thirty  days  before  the  time  of  tlieir  first  meeting 
to  execute  the  same. 

4.  The  Mayor  and  City  Council  of  Baltimore  are  hereby  i874,  c.  218, «.  i. 
authorized  and  empowered  to  provide  by  general  ordinance  Mayor  and  city 

'■  ^  *'    O  Council  author- 

for  the  establishment  of  the  permanent  grade  lines  of  any  b*geni'rXor^-'^ 
street,  lane  or  alley,  or  part  thereof,  now  or  hereafter  to  be  uuiaWngand 
marked,  located  or  laid  out  upon  the  plan  of  said  city,  on  un'sf  °*  *' 
application  of  the  owner  of  any  property  binding  thereon, 
and,  from  time  to  time,  for  a  change  in  any  such  grade  lines 
which  may  have  been  previously  so  established  ;  and  for  the 
assessment  and  collection  of  the  cost  of  said  work,  either 
through  the  general  tax  levy  or  by  special  assessment  upon 
the  party  making  the  application.* 

5.  The  said  Mayor  and  City  Council  shall  have,  and  are  iwd,  s.  2. 
hereby  vested  with  full  power  and  authority  to  provide  by  To  provide  for 
ordinance  for  the  grading,  shelling,  graveling,  paving,  and  W  kerbmg, 
keibing,  or  for  the   re-grading,   re-shelling,    re-graveling, 
re-paving  and  re-kerbing  of  any  street,  lane  or  alley  in  said 

city,  or  part  thereof,  now  condemned,  ceded  or  opened  as  a 
public  highway,  or  which  may  hereafter  be  condemned, 
ceded,  opened,  widened,  straightened  or  altered  according  to 
the  laws  and  ordinances  regulating  the  same  ;  and  also  for 
assessing  the  cost  of  any  such  work,  in  whole  or  in  part,  pro 
rata,  upon  the  i)roperty  binding  on  such  street,  lane  or 
alley,  or  part  thereof,  and  for  collecting  such  assessments 
as  other  city  taxes  are  collected. 


*Tliis  act  repealed  sections  840,  841,  844,  845,  846,  847,  848,  849, 
850,  855  and  861  of  P.  L.  L.,  Art.  4,  (being  sections  4,  5,  8, 9,  10,  11,  13,  13, 
14, 18  and  19,  of  Art.  43,  of  City  Code  of  1869,)  and  Acts  of  1870,  chs.  282 
and  322.  As  to  the  effect  of  the  repeal  of  sec.  861,  (sec.  19,  of  Art.  43  of  City- 
Code,  of  1869,)  by  Act  of  1870,  c.  282,  and  the  repeal  of  that  act  by  the  Act  of 
1874,  c.  218,  see  Dashiell  v.  Mayor,  &c.  45  Md.  616. 


988 


Streets  and  City  Commissioner. 


Article  XL VII.— Statutes. 


Ibid,  8.  3.  6.     The  said  Mayor  and  City  Council  shall  also  have,  and 

When  special    are  hereby  vested  vrith  power  and  authority  to  provide  by 

ordinance  not 

required.  general    Ordinance   for    the    grading,    graveling,   shelling, 

paving  or  kerbing,  or  for  the  re-grading,  re-graveling^  re- 
shelling,  re  paving,  or  re-kerbing  of  any  street,  lane  or 
alley,  or  part  thereof,  in  said  city,  without  the  passage  of  a 
special  ordinance  in  the  particular  case,  whenever  the  owners 
of  a  majority  of  the  front  feet  of  property  binding  on  such 
street,  lane  or  alley,  or  part  thereof,  shall  apply  for  the 
same,  upon  terms  and  under  conditions  to  be  prescribed  in 
said  general  ordinance  ;  and  for  the  asses'^ment  in  any  such 
case,  of  the  cost  of  such  work,  in  whole  or  part,  ]pTO  rata, 
upon  all  the  property  binding  upon  such  street,  lane  or 
alley,  or  part  thereof,  and  for  the  collection  of  such  assess- 
ment, as  other  city  taxes  are  collected. 


Ibid,  s.  4. 

Who  deemed 
owners. 


7.  A  tenant  for  ninety-nine  years,  or  for  ninety-nine 
years  renewable  forever,  or  the  executor  or  administrator  of 
such  tenant,  or  the  guardian  of  an  infant  owner,  or  a  mort- 
gagee in  possession,  shall  be  deemed  and  taken  as  an  owner, 
for  the  purposes  of  any  application  to  the  Mayor  and  City 
Council,  authorized  by  this  act,  and  the  application  of  any 
such  person  shall  bind  the  property  so  represented  for  any 
assessment  or  tax  made  under  an  ordinance  passed  in  pur- 
suance of  the  provisions  of  this  act. 

p.  L.  L.  art.  4,  8.     Whcrc   real  estate  within  the  said  city  has  been  or 

Where  real  es-  may  be  divided  according  to  law,  among  heirs,  legatees, 

dividend  in^ re-  joint  tenants  or  tenants  in  common,  entitled  to  the  same, 

streets  to  be  and  such  divlsiou  calls  for  any  of  the  streets,  lanes  or  alleys, 

opened,  streets 

maybe  opened,  q^  j^^y  p^j.^  qj,  parts  thcrcof,  survcyed  and  laid  off  under  the 
law  of  1817,  [eh.  148,]  or  reserves  any  of  the  said  streets, 
lanes  or  alleys,  or  any  part  or  parts  thereof,  as  open,  and 
divides  such  estate  with  reference  thereto,  the  Mayor  and 
City  Council  may  on  application  of  one  or  more  persons  in- 


Streets  and  City  Commissioner.  989 

Article  XL  VII.— Statutes. 

terested  in  the  ground  to  be  taken  on  such  application,  adopt 
and  sanction  by  ordinance  the  principal  under  which  such 
division  was  had,  and  open  any  of  the  said  streets,  lanes  or 
alleys,  or  any  parts  thereof,  in  the  said  division  reserved  or 
recognized  ;  provided,  at  least  one  week's  notice  in  the  news-  Proviso, 
papers  of  said  city  (the  cost  of  the  advertisement  to  be  paid  Notice, 
by  the  applicants)  be  given  of  such  application  before  any 
such  ordinance  shall  pass. 

9.  All  the  streets,  lanes  or  alleys  opened  in  the  manner  n,id,gec_e43, 
directed  in  the  last  preceding  section  shall  be  public  high- streeu  so  open- 
ways,  and  be  subject  to  the  laws,  regulations  and  ordinances  ways"  '"    ^ 
applicable  to  public  streets,  lanes  or  alleys,  or  parts  thereof, 

in  said  city 

10.  They  may  on  the  application  of  a  majority  of  feet  in  ibjd,  gee.  ssi. 
front  of  any  private  wharf,  dock,  street,  lane  or  alley,  cause  Paving  cie.n- 
the  same  to  be  paved,  cleaned  out,  mended,  or  otherwise  re-  p"fv»te'wharf, 

...  ,  , .    .  .  .  dock  or  street. 

paved  or  kept  in  good  condition  or  repair,  and  may  impose 
upon  and  collect  from  all  the  proprietors  of  the  property  so 
to  be  cleaned  out  or  repaired  a  tax  suflScient  in  amount  to 
defray  the  expenses  thereof,  which  shall  be  assessed  upon  the  Expenses, 
proprietors  in  proportion  to  the  number  of  feet  held  by  them 
respectively  in  front  or  length,  and  shall  be  collected  by  the 
Mayor  and  City  Council  as  taxes  levied  for  paving  public 
streets. 

11.  They  may  pass  all  ordinances  necessary  for  grading,  i^id, sec.  852. 
regulating,  paving  and  repairing  the  footways  in  the  streets,  Grading,  regu- 
lanes  and  alleys  of  the  city,  and  impose  a  tax  on  any  lot  or  &c!°foo'twayf! 
lots  fronting  on  any  paved  street,  lane  or  alley  for  the  pur-  xax. 

pose  of  grading,  regulating,  paving  or   repairing  footways 
in  front  thereof,  or  compel  by  fine  or  otherwise,  the  owner  or  Fine, 
proprietor  of  any  lot  or  lots  to  pave  or  repair  the  footways 
in  front  thereof,  agreeably  to  the  ordinances  to  be  passed  by 
them. 


990 


Streets  and  City  Commissioner. 


Article  XL VII.— Statutes. 


Ibid,  sec.  854.         12.     Whenever  the  Board  of  Health  shall  certify  in  writ- 
Aitering  grade   ing  to  the  Mavor  that  it  is  necessary  for  the  health  of  the 

on  account  of  , 

health.  city  to  alter  the  grade  of  any  street,  lane  or  alley  on  low  or 

Duty  of  Mayor  made  ground,  the  Mator  shall  issue  his  order  to  the  City 

auU  City  Com-  O  '  .7  J 

missioner.  Commissioner,  who  shall  thereupon  call  upon  the  several 
property  holders  on  such  street,  lane  or  alley,  and  procure 
from  them  their  assent  in  writing  to  such  alteration  ;  and  if 
any  property  holder  shall  refuse  to  permit  the  same  to  be 
graded,  and  shall  require  damages  therefor,  and  cannot 
agree  with  the  commissioners  as  to  the  amount  of  damages, 
or  should  there  he  any  legal  disability  on  the  part  of  those 
owning  property  on  such  street,  lane  or  alley,  the  judge  of 
the  Baltimore  City  Court,  on  application  of  the  corporation, 
shall  appoint  three  disinterested  persons  to  assess  such  dam- 
ages, who  shall  return  on  oath  their  award  to  said  court,  and 
the  same  shall  be  confirmed  by  the  court  unless  cause  to  the 
contrary  be  shown ;  in  which  case  the  court  shall  at  the  first 
term  thereafter  decide  finally  thereon  ;  and  when  the  dama- 
ges so  assessed  or  agreed  upon  shall  be  paid  by  the  corpora- 
tion of  the  city  to  the  persons  so  assessed  and  legally  entitled 
to  receive  the  same,  the  corporation  may  proceed  to  re-grade 
and  pave  the  said  street,  lane  or  alley. 


Persons  to  as- 
sess damages. 


Award. 


Ibid,  sec.  857.        13.     The  president,  directors  and  companies  of  the  different 

Turnpike  roads  turupike  Companies  owning  roads  running  into  the  city  of 

city.  Baltimore,  may  cede  to  said  city  such  parts  of  said  roads  as 

lie  within  the  corporate  limits  of  said  city,  and  the  same  when 

ceded  shall  be  in  all  respects  subject  to  the  same  regulations 

as  anpaved  public  streets.* 


*  As  to  Railroads  see  p.  762,  ante,  and  case  of  Hooper  v.  B.  &  Y.  Co.  34  Md. 
521,  p.  766,  anU. 

In  the  City  Court,  Frusli  v.  Mayor,  <6c  ,Oct.  15,  1874  :  appeal  from  closing 
Windsor  Mill  road :  On  motion  to  dismiss  the  appeal  on  the  ground,  that  the 
road  being  at  urnpike,  belonging  to  a  chartered  company,  the  city  had  no  right 
to  close  it,  it  was  held  by  Brown,  0.  J.,  that :  the  authority  given  the  city  under 


Streets  and  Citt  Commissioneb.  991 

Article  XL VII.— Statutes. 

14.  The  Mayor  and  City  Council  of  Baltimore  shall  have  ibid,  sec.  sea. 
power  to  clean  the  streets  and  remove  the  dirt  and  filth  there-  Remoraiof  dirt 

^  and  filth  from 

from,  and  to  prohibit  and  punish  by  ordinance  the  placing  of  •Greets, 
any  dirt,  filth  or  other  matter  therein,  and  may  protect  any 
pavement  by  prohibiting  the   travel    thereon ;  and  the  said  Pavements. 
Mayor  and  City  Council  may  also  erect  lamps  in  any  of  the  Lamps. 
streets,  lanes  or  alleys  of  said  city,  and  cause  the  same  to  be 
lighted  at  the  expense  of  the  city. 

NORTH  AVENUE. 

15.  The  bed  of  North  avenue  throughout  its  entire  length  ists.c.  59. 
shall  in  all  respects  be  hereafter  held  as  the  bed  of  any  other  subject  to  same 

conditioDS,  &c., 

street  or  avenue  in  Baltimore  city,  so  far  as  the  same  be  laid  mother  »treeu. 
down  on  Poppleton's  map  of  Baltimore  city ;  and  subject  to 
all  the  conditions  or  requirements  of  any  other  street  or  avenue 
in  said  city ;  and  any  and  all  of  the  ground  fronting  thereon, 


section  1  of  this  article,  was  broad  enough  to  include  this  case,  and  should  be 
liberally  construed;  that  it  embraced  private  as  well  as  public  streets,  &c., 
and  streets  owned  by  corporations ;  that  a  turnpike  road  is  a  street  under 
the  police  powers  of  the  city,  and  liable  to  be  closed,  &c.,  as  a  street  under 
section  1  of  this  article. 

It  was  objected,  that  this  proceeding  virtually  deprived  the  company  of 
its  charter ;  but  it  was  held  :  that  it  only  deprived  the  company  of  that  part 
of  its  road  which  lay  in  the  city,  which  the  testimony  showed  was  left  by 
the  company  almost  without  repair  and  in  such  a  condition  that  it  was  a 
nuisance,  and  that  for  some  years  nearly  all  the  repairs  on  the  road  had  been 
made  by  the  city ;  that  the  company  had  all  its  toll  gates,  which  were  not 
interfered  with ;  and  its  road  from  the  city  to  its  terminus ;  that  there  was 
no  absolute  right  given  by  the  charter  to  the  company  to  a  particular  line 
of  road  inside  the  city  and  free  from  the  right  of  the  city  to  condemn  it  as 
property.  Condemnation  could  not  have  a  different  effect  from  a  transfer 
by  the  company  of  the  part  of  the  road  within  the  city  limits  under  the  above 
section  13.  See  Union  E.  R.  Co.  v.  Havre-de- Grace  Turnpike  Co.  35  Md.  224; 
Hooper  y.  Bait.  <fe  Torktown  Turnpike  Co.  34  Md.  521.  It  was  further  held, 
that :  the  appellant,  whose  boundary  lines  were  described  as  bounding  on 
the  north  and  south  sides  of  the  road  condemned,  was  the  owner  of  the  fee 
in  the  bed  of  the  road ;  that  the  condemnation  only  freed  his  property  from 
the  easement  of  the  turnpike  company,  and  that  this  was  a  benefit  for 
which  he  was  bound  to  pay  the  true  value. 


992 


Streets  and  City  Commissioner. 


Article  XL VII.— Statutes. 


Grading,  pav- 
ing, kerbing, 
be. 


whether  in  Baltimore  city  or  county,  shall  in  the  event  of 
said  avenue  or  any  part  thereof  being  graded,  kerbed,  paved, 
shelled,  graveled,  or  any  like  improvement,  be  subject  to  the 
same  assessment  for  the  cost  of  said  grading,  kerbing,  paving, 
graveling,  shelling,  or  like  improvement,  as  would  be  the  case 
with  ground  fronting  on  any  other  street  or  avenue  in  the  city, 
similarly  to  be  improved  as  aforesaid,  and  such  ground  and 
the  owners  and  representatives  thereof  shall  in  such  event  be 
held  liable  for  said  assessments,  and  the  said  avenue  be  subject 


Liability  of 
owners. 


Laws  and  ordi-  to  all  the  acts  of  assembly  and  ordinances  of  the  Mayor  and 

nances  applica-  i        i  /• 

We.  City  Council  of  Baltimore,  which  are  now  or  may  be  hereafter 

in  force  and  applicable  for  the  grading,  kerbing,  paving,  gravel- 
ing, shelling,  or  any  like  improvements  of  streets  or  avenues 
in  Baltimore  city.* 


BRIDGES  AND  HIGHWAYS. 

1878,0.114.  16.     The  Mayor  and  City  Council  of  Baltimore  are  hereby 

Authority  to      authorizcd,  witb  the  County  Commissioners  of  any  adjoining 

Mayor  and  City  .    ,  ,        . 

Council  to  pur-  or   neighboring   county  or   counties  thereof,  to   purchase  all 

chase  bridges  o  o  ./  '  r 

roiuis"'^"'^'^*  bridges  and  turnpike  roads,  or  any  portions  thereof  leading  to- 
wards said  city,  as  such  times  and  upon  such  terms  as  said 
Mayor  and  City  Council  and  said  County  Commissioners  on 
the  one  part,  and  the  owners  of  such  bridges  and  highways  on 
the  other  may  mutually  agree,  and  when  so  purchased,  all  or 


*  1864,  c.  188,  provided  for  paying  the  costs  and  expenses  of  grading 
North  avenue,  from  Pennsylvania  avenue  to  the  Northern  Central  Railroad, 
by  the  Mayor  and  City  Council.  18C4,  c.  344,  empowered  the  Mayor  and 
City  Council  to  collect  and  receive  from  the  property  holders  on  both  sides 
of  North  avenue,  as  well  in  Baltimore  county  as  in  the  city,  the  sums  sever- 
ally assessed  to  them  for  the  grading  of  said  avenue.  As  to  authority  to 
grade,  see  Mayor,  &c.  v.  Porter,  18.  Md.  284.  These  acts  were  declared  in- 
operative and  void  by  the  Court  of  Appeals,  in  Mayor,  &c.  v.  JFei-n,  26  Md- 
194.    See  also  Lest^  v.  Mayor,  &c.  29  Md.  419 ;  38  Md.  229. 

With  regard  to  a  proposed  Boundary  avenue  or  Boulevard,  see  Res.  No. 
124,  June  12, 1851 ;  No.  138,  June  21, 1851,  and  No.  114,  May  28,  1852,  and 
report  of  Park  Commission,  Jan.  1,  1869. 


Steeets  and  City  Commissionek.  993 

Article  XL VII. — Ordinances. 

any  of  them  shall  thereafter  be  free  public  highways,  and  as 
such,  under  the  care  and  management  of  said  Mayor  and  City 
Council  and  said  County  Commissioners,  as  they  may  respec- 
tively provide  and  stipulate  as  between  them.* 


ORDINANCES. 

OPENING,  WIDENING,  CLOSING,  &c.,  STREETS. 

1.     There  shall  be  appointed  in  the  month  of  February,  no.ioo,  May 31, 
1877,  as  other  city  oflScers  are  appointed,  three  Commissioners  Fixing  term  of 

,•       r\  •  o  •         1  •  /•   n    1    •  1  111  office  for  Com- 

lor  (Jpening  btreets  in  the  city  01  Jialtimore,  who  shall  sever-  missioners  for 

,  .  Opening  Streets 

ally  hold  their  offices  as  follows : — The  Mayor  shall  designate 
one  commissioner  to  hold  office  for  the  term  of  one  year,  one 
for  the  terra  of  two  years,  and  one  for  the  term  of  three  years, 
so  that  one  commissioner,  after  the  appointment  of  the  three 


*As  to  Harman's  Bridge,  Light  Street  Bridge,  &c.,  see  p-  363,  &c.,  ante,  and 
the  Act  of  1876,  c.  230,  s.  7,  and  Pumph/rey  v.  Mayvr,  «fec.,  47  Md.  146. 

By  the  Act  of  1878,  c.  487,  the  president,  managers  and  company  of  the 
Baltimore  and  Reisterstown  Turnpike  Road  are  authorized  and  empowered 
to  cede  and  transfer,  or  sell  to  the  Mayor  and  City  Council  of  Baltimore,  or 
to  the  County  Commissioners  of  Carroll,  or  to  the  Mayor  and  City  Council 
of  Westminster,  or  any  municipal  corporation,  upon  such  terms  and  condi- 
tions and  with  such  reservations  as  may  be  mutually  agreed  upon  between 
the  parties,  any  portion  or  portions  of  its  turnpike  road  for  use  as  a  public 
highway,  and  that  this  act  shall  take  effect  when  the  same  shall  be  accepted 
by  a  majority  in  value  of  the  stockholders,  of  the  president,  managers  and 
company  of  the  Baltimore  and  Reisterstown  Turnpike  Road  at  any  general 
meeting. 

The  Act  of  1876,  c.  399,  provided  for  laying  off  streets  in  Baltimore 
county  adjoining  the  city.  The  Act  of  1872,  c.  3,  authorized  the  Western 
Avenue  Company  to  construct  a  road  from  the  western  terminus  of  any 
street  to  Catonsville. 

The  Acts  of  1870,  c.  309,  and  1874,  c.  274,  relating  to  Wilkins  avenue  in 
Baltimore  county,  construed  in  Wade  v.  8t.  Mary's  Industrial  School,  43  Md. 
178 ;  Dashiell  v.  May(^,  &c.  45  Md.  624.  The  Act  of  1878,  c.  125,  provides 
for  grading  Wilkins  avenue.  The  Act  of  1872,  c.  363,  provided  for  open- 
ing and  extending  North  street  in  Baltimore  county,  from  North  avenue  to 
Denmead  street. 


994  Streets  and  City  Commissioneb. 

Article  XL VII. — Ordinances. 

commissioners  in  February,  1877,  shall  be  appointed  annually 
for  the  terra  of  three  years. 

No  28,8.  2,  2.     In  each  and  every  case,  before  the  commissioners  shall 

Aprils, '66.  . 

ouh  or  affirma- proceed  to  act  as  a  board,  in  the  exercise  of  the  powers  con- 

tion  of  commis-  i         i  .  r  ^-  i  in 

Bioners.  tided  to  them  by  this  or  any  lutnre  ordmance,  they  shall  sever- 

ally tate  and  subscribe  the  follovsring  oath  or  affirmation  before 
a  justice  of  the  peace:  I,  A.  B.,  do  swear,  or  solemnly, 
sincerely  and  truly  declare  and  affirm,  that  I  will,  to  the  best 
of  my  judgment,  knowledge  and  ability,  faithfully,  impar- 
tially and  diligently  execute  the  duty  of  a  Commissioner  for 
Opening  Streets  in  the  city  of  Baltimore,  according  to  an  or- 
dinance entitled  An  ordinance  to  provide  for  exercising  cer- 
tain powers  vested  in  this  corporation,  in  relation  to  streets  in 
the  city  of  Baltimore,  or  any  ordinance  supplemental  thereto. 

Ibid,  s.  3.  3.     The  said  oath  or  affirmation  shall  be  recorded  in  a  book 

Oath  or  affirma-  to  bc  provided  by  the  said  commissioners  for  the  recording  of 

corded  and  cer-  their  procccdings  ;  and  the  justice  in  whose  presence  the  said 

,     oath  or  affirmation  shall  be  made  and  subscribed  shall  certify 

thereto  under  his  hand  and  in  the  same  book. 

ibid,  s.  4;  No.  4.  The  said  commissioner  shall  employ  a  clerk  in  each 
Record  of  pro-  case,  who  shall  keep  a  full  and  true  record  of  all  their  pro- 
cee  ings.  cccdings,  in  a  book  provided  as  aforesaid,  under  the  direction 

and  supervision  of  the  City  Solicitor,  and  in  such  form  as  he 
Recorded  or-  may  prescribe.  And  the  clerk  so  employed  shall  record  all 
orders  made  by  the  said  commissioners  in  regard  to  the  perform- 
ance of  their  duties,  and  make  true  copies  of  all  notices  by 
them  directed  to  be  published,  and  the  certificate  of  the  publi- 
cation thereof ;  and  shall  perform  such  other  necessary  duties 
as  the  said  commissioners  shall  require.  And  the  said  commis- 
sioners shall  also  have  the  power  to  obtain  the  services  of  the 
City  Surveyor.  City  Surveyor,  and  such  other  assistants  and  agents  as  they 
may  deem  necessary,  in  the  exercise  of  their  powers,  and  allow 
to  each  of  the  persons  so  employed  by  them  such  compensation 


Stkeets  and  City  Commissioner.  995 

Article  XLVII. — Ordinances. 

as  may  be  fixed  by  ordinance,  and  if  not  so  fixed,  as  the  said  compensation, 
commissioners  may  deem  reasonable,  and  asssess  the  said  com- 
pensation and  all  other  necessary  charges ;  and  the  clerk  and 
other  persons  to  be  so  employed,  shall  severally  take  and  sub- 
scribe an  oath  or  affirmation  similar  in  snbstance  to  that  re- oath  of  clerk, 
quired  to  be  taken  and  subscribed  by  the  commissioners,  which 
shall  be  in  like  manner  entered  in  the  record  of  proceedings 
of  the  said  commissioners. 

5.  When   the   said   commissioner  shall   assess   a   sum   ofibia,8.5. 
money  to  be  paid  by  any  person  or  persons  for  benefits  derived  Assessment  for 
by  such  person  or  persons  by  opening,  widening  or  closing  any 

street,  lane  or  alley,  or  part  thereof,  and  shall  assess  a  sum  of 
money  to  be  paid  to  the  same  person  or  persons  for  injury  sus- 
tained by  said  opening,  widening  or  closing,  it  shall  and  may 
be  lawful,  upon  a  certificate  of  title  from  the  Solicitor  of  the 
City,  for  the  Register  or  Collector  to  receive  from  suoli  person  Assignment  to 

be  received  by 

or  persons  an  assignment  for  tl)e  sum  or  sums  so  assessed,  as  Register  orcoi- 

^  ^^  '         lector. 

damages  as  aforesaid. 

6.  Whenever  the  Mayor  and  City  Council  shall  hereafter,  md, s.  e. 
by  ordinance,  direct  the  Commissioners  for  Opening  Streets  to  Notice  to  he 
lay  out,  open,  extend,  widen,  straighten  or  close  up,  in  whole  ^^*°' 

or  in  part,  any  street,  sqnare,  lane  or  alley,  within  the  bounds 
of  this  city,  the  said  commissioners  shall  give  at  least  thirty 
days'  notice,  in  at  least  two  of  the  daily  newspapers  of  the 
city,  of  the  object  of  the  ordinance  under  which  they  are 
about  to  act,  and  of  the  day,  hour  and  place  of  their  first 
meeting  under  the  said  ordinance ;  and  the  said  commissioners 
shall  meet  at  the  time  and  place  mentioned  in  the  notice  given 
by  them,  and  proceed  to  exercise  the  power  and  perform  the 
duty  assigned  to  and  required  of  them,  under  and  by  virtue 
of  this  ordinance,  and  ascertain  whether  any  and  what  amount 
in  value  of  damage  will  thereby  be  caused  to  the  owner  of 
any  right  or  interest  claimed  in  any  ground  or  improvements 
within  or  adjacent  to  the  said  city,  over  and  above  the  amount 


996  Streets  and  City  Commissioner. 

Article  XL VII. — Ordinances. 

in  value  of  benefit  which  will  thereby  accrue  to  such  owner, 
for  which,  taking  into  consideration  all  advantages  and  disad- 
vantages, such  owner  ought  to  be  compensated ;  and  in  addi- 
Awardof  dam-  tiou  thereto  shall  award  to  the  occupant  or  occupants  of  any 

ages. 

lot  of  ground,  or  of  any  improvement  that  may  be  removed, 
such  damages,  if  any,  as  the  commissioners,  or  a  majority  of 
them,  may  believe  such  party  or  parties  have  sustained  by  such 
removal ;  and  the  said  commissioners,  after  having  ascertained 
the  whole  amount  of  damages  as  aforesaid,  and  after  having 
added  thereto  an  estimate,  made  by  them,  of  the  probable 
amount  of  expenses  which  will  be  incurred  in  the  performance 
of  the  duties  required  of  them  as  aforesaid,  and  also  the  expense 
incurred  by  the  Register  under  the  provisions  of  this  ordinance. 
Assessment  of    shall  proccod  to  asscss  all  the  ground  and  improvements  with- 

those  benefited ,  ,  ,       ,.  .1  •  ,  1  <^       1  •    i  1      - 1 

in  and  adjacent  to  the  city,  the  owners  oi  which,  as  sucn,  tne 
said  commissioners  shall  decide  and  deem  to  be  directly  bene- 
fited by  accomplishing  the  object  authorized  in  the  ordinance 

Expenses  and  aforcsaid  ;  and  should  the  direct  benefits,  assessed  as  aforesaid, 
not  be  equal  to  the  damages  and  expenses  incurred,  the  balance 

Register.  of  Said  cxpeuscs  and  damages  shall  be  paid  by  the  City  Regis- 

ter and  be  taken  out  of  the  general  levy,  subject,  nevertheless, 
to  all  such  restrictions  exempting  certain  descriptions  of  prop- 
erty from  assessment  as  are  contained  in  any  law  of  the  State, 
or  in  this  ordinance  or  in  any  other  ordinance  of  the  city. 

No.  25,  April  5,       7.     lu   cvcry  casc  where  it  shall  be  necessary  in  order  to 
6, '70;  No.'?",  ^  efiect  the  obiect  proposed,  that  a  part  only  of  a  house  and  lot, 

June  10,  '70.  jrr^  r  j 

When  commis-  or  of  a  lot,  shall  be  taken  and  used,  or  destroyed,  and  the 
tain  fuu  raiur'  owucr  Or  owucrs  thereof  shall  claim  to  be  compensated  for  the 

of  lot  and  im-  .      .  •  1         x^   1 1  n 

provement.  wholc,  the  Said  commissioncrs  may  ascertain  the  luli  value 
thereof,  as  if  the  whole  lot  and  improvement  were  necessary 
to  be  taken  and  used  for  such  proposed  object ;  and  the  whole 
amount  of  such  valuation,  when  finally  decided  on,  shall  be 
paid  or  tendered  to  the  owner  or  owners  thereof,  or  vested  in 
city  five  per  cent,  stock  for  his,  her  or  their  use,  before  any 


Stbe£T6  and  City  Commissioner.  997 

Article  XL VII. — Ordinances. 

part  thereof  shall  be  destroyed,  removed  or  used,  unless  such 

owner  or  owners  shall  assent  thereto,  in  writing,  as  provided 

in   section   16   hereof;    and    the    said    commissioners,    after 

giving  ten  days'  notice  in  two  of  the  daily  newspapers  of  the  Notice. 

city  of  the  time  and  place,  manner  and  terms  of  sale,  shall  sell 

the  materials  of  any  house  which  it  shall  be  necessary  to  re- To  seii  mate- 

rials  of  house 

move,  in  whole  or  in  part,  and  the  residue  of  any  lot  of  which  neceshiry  to  re- 

'  r         ^  J  move  and  resi- 

a  part  shall  be  taken  and  used  as  necessary  to  effect  the  object  ^"®°'  '"'• 
confided  to  the  commissioners,  and  for  which  the  owners  shall 
claim  to  be  fully  compensated,  at  public  auction,  to  the  highest 
bidder  for  cash,  to  be  paid  on  the  day  when  full  possession  shall 
be  given  of  the  property  or  materials  so  sold,  and  the  said 
commissioners,  or  a  majority  of  them,  on  receiving  the  price  or 
sum  of  money  so  bid,  shall  convey  to  the  purchaser  or  pur- 
chasers the  property,  ground,  or  materials,  sold  by  them  as 
aforesaid,  by  a  good  and  sufficient  deed,  to  be  executed   and  Deed  from 

.  ,  Commissioners. 

acknowledged  by  tnem  in  the  lorm  and  manner  required 
by  law  for  conveying  the  title  to  land  in  this  State.  Such 
sale  shall  be  made  before  the  commissioners  shall  proceed 
to  assess  the  amount  of  damages  and  expenses  to  be  assessed 
as  directed  by  this  ordinance  ;  and  the  said  commissioners  are 
duly  empowered  to  take  and  receive  a  bond  of  the  purchaser  Bond  from  pur- 
of  the  property  or  materials  aforesaid,  with  a  penalty  to  the 
Mayor  and  City  Council  of  Baltimore,  that  the  price  for  which 
the  same  was  sold  shall  be  duly  paid  at  such  time  as  they,  the 
said  commissioners,  are  prepared  to  deliver  possession  of  said 
property  and  materials,  and  that  the  said  purchaser  shall  re- Removal  of  ma- 
move,  within  sixty  days  thereafter,  from  the  bed  of  the  street, 
all  such  materials  so  sold,  and  all  rubbish  or  other  obstructions 
in  said  street  occasioned  thereby ;  and  in  the  event  of  the  pur- 
chaser or  purchasers  of  property  or  materials  failing  forthwith 
to  comply  with  the  terms  of  sale,  the  Commissioners  for  Open- 
ing Streets  in  office  at  the  time  of  such  failure  shall  re-sell  the  when  commis- 
said  property  or  materials  at  the  risk  of  the  former  purchaser  seii. 


998  Streets  and  City  Commissioner. 

Article  XL VII. — Ordinances. 

Notice.  or  purchasers,  giving  not  less  than  five  days'  notice  of  said  sale 

in  two  of  the  daily  newspapers  of  the  city  aforesaid,  the  ex- 
penses of  said  sale  and  notice  to  be  paid  by  the  original  pur- 
chaser, and  the  deed  to  be  executed  and  acknowledged  as  here- 

ProTiso.  inbefore    provided;    provided,   however,   that    when    in   the 

opinion  of  said  commissioners  the  part  of  a  lot  necessary  to 
effect  the  object  proposed  can  be  taken  without  destroying  the 
whole  lot  for  the  purposes  for  which  it  is  used  or  for  building 

Condemnation   purposGS,  then   Said  Commissioners  shall  condemn  such  part 

of  part  of  lot.  i/>ii,  .  n         l^  1       1  •  t 

only  ot  such  lot  as  is  necessary  tor  the  proposed  object,  and 
shall  award  to  the  owner  or  owners  of  the  part  of  the  lot  so 
taken  such  damages,  and  assess  ihe  remainder  thereof  such 
benefits  as  in  their  judgement  shall  be  just  and  proper  ;  pro- 
Proviao.  vidcd,  further,  that  when  a  lot  is  destroyed  for  the  purposes 

for  which  it  is  used  or  for  building  purposes,  then  the  said  corn- 
Notice,  missioners  shall  give  a  notice  in  writingto  the  owner  or  owners 
thereof,  or  their  agent  or  agents,  of  the  damage  about  to  be 
sustained,  and  that  such  owner  or  owners,  or  their  agent  or 
agents  as  aforesaid,  shall  have  the  space  of  thirty  days  to 
determine  whether  they  will  or  not  surrender  the  lot  so 
damaged. 

No. 26, s.  8, Apr.      8.     As  soon  Es  the  commissioners  aforesaid   shall  have 

3, '66;  No.  29,  ,  i        ,  -,  •  ,.     n  .•tit 

Apr.  28, '68;      complcted  the  valuation  ot  damages  ascertained    by  them, 

No.  75,  June  28,  ^  .  .  .  J  } 

'78.  as  directed  by  section  6  of  this  ordinance,  they  shall  cause  a 

statement  to  be  statement  tlicreot  to  be  made  out  and  placed  in  the  office  of 

placed  in  Regis-  .         „  ,         . 

ter's  office.  the  Eegister  of  the  City  for  the  inspection  of  all  peisons 
desiring   information  of  its   contents,  and   such  statement, 

Maps.  together  with  an  explanatory  map  or  maps,  shall  contain  a 

correct  description  of  each  separate  lot  or  parcel  of  ground 
deemed  to  have  sustained  damages,  its  length  and  breadth, 
the  name  of  any  street,  square,  lane  or  alley  on  which  it 
bounds,  the  names  of  all  persona  who  shall  claim  any  estate 
or  interest  in  it,  and  the  amount  of  damages  as  valued  by 


"Streets  and  City  Commissioner.  999 

Article  XL VII. — Ordinances. 

the  commissioners,  and  if  there  be  any  house  or  other  im- 
provement on  it  necessary  to  be  removed,  in  whole  or  in 
part,  a  description  of  the  size  and  such  other  particulars  as 
the  commissioners  shall  deem  proper  ;  and  in  like  manner  a 
description  of  each  parcel  of  ground  deemed  by  the  commis- 
sioners to  be  benefited,  the  name  or  names  of  such  person  or 
persons  as  shall  claim  any  estate  or  interest  therein,  and  the 
amount  assessed  thereon  for  benefits  and  the  commissioners 
shall  cause  a  notice  to  be  published  four  successive  days  in  Notice, 
two  daily  newspapers  of  the  city,  stating  the  extent  of  the 
ground  covered  by  the  assessment,  and  that  such  statement 
and  map  or  maps  have  been  so  deposited  with  the  Register 
for  examination,  and  that  the  commissioners  will  meet  at 
the  office  of  the  Commissioners  for  Opening  Streets  on  a  day 
in  such  notice  to  be  named  ;  which  shall  be  within  ten  days 
affer  the  first  publication  of  such  notice  to  review  any  of  the 
several  matters  set  forth  in  the  said  statement,  to  which  any 
person  claiming  to  be  interested  therein  shall,  on  that  day, 
so  appointed  make  objection,  and  the  commissioners  shall 
meet  at  the  time  and  place  so  appointed  and  consider  all  Hepresentations 

and  testimony 

such  representations  and  testimony  on  oath  or  affirmation,  to b« considered, 
verbal  or  in  writing,  in  relation  to  any  matter  in  said  state- 
ment which  shall  be  ofiered  to  them  on  behalf  of  any  person 
claiming  to  be  interested  therein,  and  the  said  commissioners 
shall  make  all  such  corrections  and  alterations  in  the  valu- 
ations, assessments  and  estimates,  and  all  other  matters  con- 
tained in  the  said  statements  and  expl  inatory  map  or  maps 
aforesaid,  as  in  their  judgment  shall  appear  to  them,  or  a 
majority  of  them,  to  be  just  and  proper,  and  they  may 
adjourn  from  day  to  day  if  necessary,  to  give  all  parties 
claiming  a  leview  an  opportunity  to  be  heard,  not  exceeding 
iu  the  whole  ten  days  ;  and  after  closing  such  review  the 
commissioners  shall  make  all  such  corrections  in  their  state- 
ment and  explanatory  map  or  maps  as  they  shall  deem  pro- 


1000  Streets  and  City  Commissioner.- 

Article  XL VII. — Ordinances. 

statements  and  per,  and  cause  sucli  statement  and  map  or  maps  so  corrected 
and  certified  under  the  hands  and  seal  of  said  commissioners 
and  their  clerk  to  be  de}iosited  in  the  office  of  the  Eegister 

Duty  of  Regis-  as  onc  of  the  records  of  the  city  ;  and  it  shall  be  th.e  duty  of 

ter. 

the  Register,  within  five  days  after  said  proceedings  shall 
have  been  deposited  in  his  office,  to  notify  all  persons  inter- 
ested by  an  advertisement  to  be  inserted  once  a  week  for  four 
successive  weeks,  in  two  of  the  daily  newspapers  of  the  city, 
that  the  said  assessment  and  maps  have  been  so  placed  in  his 
office,  and  that  the  parties  interested  therein  are  entitled  to 
Right  of  appeal,  appeal  therefrom,  by  petition,  in  writing,  to  the  Baltimore 
City  Court. 

No.  76,  June  21,      9.     It  shall  bc  the  duty  of  the  Clerk  of  the  Commissioners 

'73. 

Duty  of  clerk  to  for  Opening  Streets  to  serve  written  or  printed  notice  upon 

Commissioners  •  -i    n        i  ^ 

for  Opening      each  and  every  party  or  parties  assessed  lor  damages,  caused 

otrcBts. 

Notice.  by  the  condemnation  and  opening  of  any  public  highway  ; 

Proviso.  provided,  however,  that  the  service  of  such  notice  shall   not 

be  so  construed  as  to  be  one  of  the  prerequisites  to  the  con- 
demnation and  opening  of  any  street  under  any  ordinance 
heretofore  passed,  or  hereafter  to  be  passed,  by  the  Mayor  and 
City  Council  of  Baltimore. 

No.26,s.  9,  10.     Any  person  or  persons,  or  corporations,  who  may  be 

29,Ap'r.28,''68.  dissatisficd  with  the  assessment  of  damages  or  benefits,  as 
Appeal  to  City   hereinbefore  provided,  may,  within  thirty  days  after  the  re- 

Court. 

turn  of  the  corrected  statement  and  map  or  maps  to  the 
Register,  as  provided  in  section  8  of,  this  ordinance,  and  the 
first  publication  of  the  notice  thereof  by  the  Register,  appeal 
therefrom  by  petition,  in  writing,  to  the  Baltimore  City  Court, 
praying  the  said  court  to  review  the  same,  and  on  any  such 
Court  to  appoint  appeal  the  court  may  and  shall  appoint  a  day  for  hearing 
said  appeal,  which  shall  not  be  less  than  five  or  more  than 
thirty  days  after  the  expiration  of  the  thirty  days  limited  for 
taking  appeals  as  aforesaid,  and  shall  direct  the  clerk  of  the 


I 


Stbeets  and  City  Commissioner.  1001 

Article  XLVII. — Ordinances. 

said  court  to  issue  a  suhpo&na  duces  tecum  to  the  Register  of  Duty  of  court, 
the  City,  requiring  him  to  produce  and  deliver  to  said  court 
the  record  of  the  proceedings  of  the  Board  of  Commissioners 
in  the  case,  and  all  maps,  plats,  documents  and  papers  con- 
nected with  such  record,  and  the  said  City  Court  shall  have 
full  power  to  hear  and  fully  examine  the  subject,  and  decide 
on  the  said  appeal,  and  for  that  purpose  is  hereby  authorized 
and  empowered  to  adjourn  from  time  to  time,  and  may  cause 
all  such  appeals  to  be  consolidated,  or  may  hear  and  decide 
them  separately,  and  may  require  the  said  commissioners, 
their  clerk,  surveyor,  or  other  agents  and  servants,  or  any  of 
them,  and  all  such  other  persons  as  the  court  shall  deem 
necessary, to  attend,  and  examine  them  on  oath  or  affirmation, 
and  may  permit  and  require  all  such  explanations,  amend- 
ments and  additions  to  be  made  to  and  of  the  said  record  of 
the  proceedings  as  the  said  court  shall  deem  requisite  ;  and 
the  persons  appealing  to  the  Baltimore  City  Court,  as  afore- 
said, shall  be  secured  in  the  right  of  a  jury  trial,  and  the  Right  of  jwy 
said  court  shall  direct  the  Sheriff  of  Baltimore  city  to  sum- 
mon twelve  or  more  persons  qualified  to  be  jurors,  and  shall 
erapannel  any  twelve  disinterested  persons  so  summoned,  or 
attending  the  court,  to  try  any  question  of  facts,  and  if  neces- 
sary to  view  any  property  in  the  city,  or  adjacent  thereto,  to 
ascertain  and  decide  on  the  amount  of  damages  or  benefit, 
under  the  direction  of  the  court ;  and  the  said  court  shall  not 
reject  or  set  aside  the  record  of  the  proceedings  of  the  said 
commissioners  for  any  delect  or  omission  in  either  form  or 
substance,  but  shall  amend  or  supply  all  such  defects  and 
omissions,  and  increase  or  reduce  tbe  amount  of  damages  and 
benefits  assessed,  and  alter,  modify  and  correct  the  said  re- 
turn of  proceedings,  in  all  or  any  of  its  parts,  as  the  said 
court  shall  deem  just  and  proper,  and  shall  cause  the  pro- 
ceedings and  decisions  on  said  returns  and  appeals  to  be 
entered  in  the  book  containing  the  record  of  the  proceedings 


1002 


Streets  and  Citt  Commissioner. 


Article  XL VII. — Ordinances. 


of  the  commissioners,  certified  by  the  clerk,  under  the  seal  of 
the  court,  and  the  book  to  be  transmitted  to  the  Register  of 
the  City,  which  shall  be  final  and  conclusive  in  every  respect, 
unless  an  appeal  be  taken  to  the  Court  of  Appeals,  and  such 
record  book,  or  a  copy  of  the  proceedings  therein,  or  any 
part  of  such  proceedings,  whether  in  court  or  out  of  court, 
certified  by  the  Register  of  the  City,  under  the  corporate  seal 
of  the  city,  shall  be  evidence  in  any  court  in  this  State,  and 
the  judge  of  the  Baltimore  City  Court  shall  have  full  power, 
in  his  discretion  to  add  the  reasonable  costs  of  any  appeal, 
to  be  taxed  by  him,  or  any  part  thereof,  to  the  damages  to  be 
collected  tor  opening  or  closing  said  street,  or  to  require 
such  cost,  or  any  part  thereof,  to  be  paid  by  all  or  by  either 
ofthe  appellants  as  the  circumstances  of  each  appeal,  in  his 
opinion,  shall  justify. 


Judge  to  have 
power  to  add 
reasonable 
costs. 


11.     Whenever  any  ordinance  passed  by  the  Mayor  and 
City  Council  of  Baltimore,  providing  for  the  condemnation 


No.  8,  Feb. 
23,  '77. 
When  ordi- 
nance for  open- 

d"lia*ed  voidT  ^'^^  opening,  widening  or  closing  of  any  street,  lane  or  alley 
PMtiel^re-'im^  in  Said  city,  shall  be  set  aside,  or  declared  null  and  void*  by 
a  Court  of  competent  jurisdiction,  to  wit :  the  Baltimore 
City  Court  or  the  Court  of  Appeals,  in  the  event  of  an  ap- 
peal to  that  tribunal,  or  the  same  shall  be  repealed  by  the 
Mayor  and  City  Council  of  Baltimore,  it  shall  be  the  duty 
of  the  Compt' oiler  immediately  thereafter  to  draw  his  war- 
rant on  the  Register  in  favor  of  any  and  all  persons,  or  their 
legal  representatives,  who  may  have  paid  into  the  city 
treasury  any  sum  or  sums  of  money  on  account  thereof; 
which  shall  be  forthwith  paid  out  of  any  sums  in  the  treas- 
ury not   otherwise   appropriated.      The    Comptroller   shall 


*Wlien  the  City  Collector  of  Baltimore  is  about  to  advertise  and  sell 
property  assessed  under  a  void  ordinance  for  benefits  for  the  opening  of  a 
street,  a  Court  of  Equity  lias  jurisdiction,  upon  the  application  of  the  prop- 
erty holder,  to  restrain  by  injunction  the  enforcement  of  the  ordinance. 
Mayor  dc,  v.  Grand  Lodye  of  I.  0.  0.  F.,  44  Md.  437. 


Streets  and  City  Commissioner.  1003 

Article  XL VII. — Ordinances, 
likewise  draw  his  warrant  on  the  Register  for  the  payment  Payment  of  ex- 

"  '^    ''  pensea. 

of  all  expenses  which  may  have  been  incurred,  by  virtue  of 
any  such  ordinance,  in  carrying  out  the  provisions  thereof, 
for  which  the  city  may  be  liable  under  existing  ordinances. 

12.  If  no  appeal  shall  have  been  praN'^ed,  then  within  ten  no.  ae. «.  lo, 

.  .  .       .  Apr.  3,  '66. 

days*  after  the  time  hereinbefore  limited  therefor,  or  after  the  collector  to  no 

.    ,  1111  "'y  parties  as- 

return  of  the  decision  upon  any  appeal  shall  have  been  made  »e»sed. 
to  the   Register,  the  said   Register   shall   transfer   the   said 
commissioners'  return  to  the  Collector,  who  shall    proceed 
forthwith  to  notify  the  parties  assessed  for  benefits,  by  means 
of  bills  specifying  the  several  sums  so  assessed,  and  warning 
them  that  if  the  same  be  not  paid  within  six  months  from 
the  date  of  such  transfer  of  said  commissioners'  returns,  he 
will  proceed  to  sell  the  specific  pieces  or  parts  of  property  saie. 
on  which  such  unpaid  sura   or   sums   of  money  shall    have 
been  assessed,  in  the  manner,  and  after  having  given  the  Notice, 
notice  directed  by  section  13  of  this  ordinance. 

13.  If  the  sums  assessed   upon    the   property  certified,  ibid.i.u. 

shall  not  be  i)aid  within  the  time  above  limited,  the  Collector  collector  au- 
thorized to  sell 
shall  be,  and  he  is  hereby,  authorized  and  directed  to  sell  property. 

the  property  or  any  part  thereof  on  which  such  assessment 

has  been  laid,  giving   not  less  than  thirty  days'  nor  more  Notice. 

than  sixty  days'    notice  of  said  sale  in   two   of    the   daily 

newspapers  published  in  the  city  of  Baltimore  ;  said  notice 

*In  City  Court,  Webster  v.  Mayor,  &c.,  Oct.  16, 1874.  In  this  case — appeal 
from  assessment  of  damages  for  opening  a  street — on  25th  June  the  corrected 
statement  and  maps  were  returned  to  the  Register  in  conformity  with  section 
10,  and  appellant  appealed  on  5th  August.  'Held  by  Brown,  C.  J.,  that  the 
appeal  should  have  been  taken  within  30  days  after  such  return  had  been 
made  to  Register ;  and  that  section  12  of  this  article  did  not  enlarge  the  time 
ten  days ;  that  section  12  should  be  read  as  if  the  word  "then"  was  inserted 
after  the  word  "prayed"  in  first  line.  Held  also,  that  the  question  waj 
jurisdictional,  and  that  the  city  had  a  right  to  make  the  objection  after  this 
case  had  been  consolidated  with  others,  and  after  the  premises  had  been 
viewed  by  the  jury.    Appeal  dismissed. 


1004:  Streets  and  City  Commissioner. 

Article  XL VII. — Ordinances. 

to  be  published  within  ten  daj'^s  after  the  expiration  of  the 
time  limited  in  section  12,  for  the  payments  of  said 
benefits,  and  the  moneys  so  collected  by  the  Collector  shall 
be  paid  over  by  him  to  the  Mayor  and  City  Council  of  Bal- 
timore, as  other  moneys  are  directed  to  be  paid  over,  and  by 
them  to  the  persons  entitled  to  receive  the  same. 

Ibid,  s  12.  14.     In  all  cases  in  which  the  City  Collector  shall  sell 

Mode  of  sale,  any  property  on  account  of  the  non-payment  of  assessments 
made  for  the-opening,  closing,  widening  or  extension  of  any 
street,  lane  or  alley,  it  shall  be  his  duty  to  sell  said  property 
to  the  extent,  and  subject  to  the  same  conditions  which  are 
provided  by  ordinance  for  the  sale  of  real  estate  in  the  city 
of  Baltimore,  charged  with  the  payment  of  other  taxes  im- 
posed by  this  corporation  ;  and  in  the  event  of  the  purchaser 
or  purchasers  failing  forthwith  to  comply  with  the  terms  of 
Collector  to  re-  Said  salc,  the  Collector  shall  re-sell  the  same  at  the  risk  of 

sell. 

the  former  purchaser,  giving  not  less  than  ten  days'  notice 

in   two  of  the  daily  newspapers  of  the  city  aforesaid  ;  and 

ttetuinte         after  collecting  the  benefit  assessments  he  shall  forthwith  re- 

ComptroUer.  i  •  i  •      • 

turn  the  said  commissioners'  proceedings  to  the  Comptroller. 

Ibid, 8. 13.  15.     The  Collector,  on  receiving  the  full  amount  of  the 

Collector  to  ex-  purcliasc  moncy  on  such  sale,  shall  execute  a  deed  of  con- 

ecute  deed  of  •         n  n     ^  ^ 

conveyance.  vejancc  lu  favor  of  the  purchaser  or  purchasers,  or  their 
assign  or  assigns,  which  deed  shall  convey  a  fee  simple  or 
leasehold  estate,  as  the  case  may  be,  in  and  to  such  property, 
and  after  deducting  the  costs  of  sales,  advertising  and  other 

Purchase  ncccssary  expenses,  he  shall  pay  the  balance  of  such  pur- 

chase money  to  the  Mayor  and  City  Council  of  Baltimore, 
who  shall  pay  over  the  said  balance,  after  deducting  the 
amount  assessed  on  said  property,  to  the  person  or  persons 
entitled  thereto,  on  demand,  without  interest. 

Ibid,  s.  14.  16.     All  sums  of  money  assessed  by  the  commissioners 

Liens.  aforesaid,   upon  property  deemed  by  them  to  be  benefited, 

shall  be  and  continue  liens  on  each  several  piece  of  property^ 


Streets  and  City  Commissioner.  1005 

Article  XLVII. — Ordinances. 

SO  assessed,  to  the  amount  of  its  particular  assessment,  until 
the  same  shall  be  paid  to  the  city  ;  but,  no  part  of  any  street, 
square,  lane  or  alley,  shall  be  opened  on  or  over  the  ground 
of  any  person  or  persons,  or  corporation,  adjudged  by  the 
commissioners  to  be  entitled  to  damages  for  said  opening, 
without  the  consent,  in  writing,  of  the  person  or  corporation 
so  entitled,  until  such  damages  shall  be  paid,  or  the  amount 
thereof  invested  in  the  city  five  per  cent,  stock,  for  the  use  when  to  invest 
of  each  person  or  corporation  entitled  to  any  part  of  the  cent,  stock.''" 
compensation  for  such  damages,  to  the  amount  of  his,  her 
or  their  respective  right  and  interest  therein,  of  which  in- 
vestment the  Register's  certificate,  under  the  corporate  seal 
of  the  city,  shall  be  competent  proof. 

17.  Any  person  or  persons  not  claiming  title  to  any  lot  or  jbid, ..  15. 
piece  of  property  upon  which  any  sums  shall  be  assessed,  as  Persons  not 
aforesaid,  may  pay  the  amount  of  the  sum  so  assessed,  within  may"a°/amo"ant 

-  ,  _ ,       .  of  aasessment. 

the  time  limited,  to  the  Register  of  the  City,  and  obtain  his 
certificate  of  having  paid  such  sum  without  claiming  title  ceruacate. 
to  the  property;  and  such  payment  shall  vest  in  the  person 
or  persons  paying,  his,  her  or  their  heirs,  the  lien  on  such 
lot  or  property  mentioned  in  section  16  of  this  ordinance. 

18.  If  it  should  so  happen  that  any  one  or  more  of  said  xbid, «.  lo. 
commissioners  should  be  interested  in  any  particular  case,  the  Temporary 
Mayor  shall  make  a  temporary  appointment  of  a  commissioner  *^°'"""*'°"*"" 
or  commissioners,  to  act  in  the  place  and  stead  of  such  in- 
terested commissioner  or  commissioners,  who  shall   take  the 

oath  or  ajffirmatiou,  as  the  case  may  be,  and  in  all  respects  con- 
duct himself  as  the  commissioners  who  are  annually  appointed. 

19.  The  said  Commissioners  for  Opening  Streets  shall  pro-  ibid,  s.  is. 
ceed  to  close  all  their  work,  notwithstanding  they  may  not  be  Limit  of  time, 
re-appointed,  within  six  months  from  and  after  the  expiration 

of  the  time  for  which  they  were  appointed  by  virtue  of  the 
first  section  of  this  ordinance. 


1006 


Streets  and  City  Commissioneh. 


Article  XL  VII. — Ordinances. 


ibid.s.  19.  20.     Whenever  any  lot,  or  part  of  a  lot,  or  parcel  of  ground 

Term  of  years,  may  be  taken  and  included  within  the  lines  of  any  street,  lane 
or  alley,  or  part  thereof,  and  damages  assessed  therefor,  and 
there  shall  be  an  outstanding  unexpired  term  of  years  therein, 
the  said  commissioners  shall  discriminate  in  their  proceedings 
between  the  value  of  fee  simple  or  ground  rent  interest,  and 
the  leasehold  interest. 


No.  57,  May  17, 
'70. 

Removals  of 
obstructions. 


21.  Whenever  any  obstruction  shall  have  remained  in  any 
street,  lane  or  alley,  or  part  thereof  so  opened,  for  the  space  of 
sixty  days  after  the  proceedings  of  the  said  commissioners  shall 
have  been  returned  to  the  Register  of  the  City,  it  shall  be  the 
duty  of  said  commissioners,  if  then  in  office,  and  if  not  in 
office,  then  it  shall  be  the  duty  of  the  commissioners  in  office 
at  the  time  of  such  failure,  to  cause  the  same  to  be  removed, 
and  to  draw  on  the  Register  for  the  expense  so  incurred,  which 
shall  be  paid  by  him,  and  the  Mayor  shall  forthwith  cause  a 
Suit  for  expen-  suit  for  the  recovery  of  said  expenses  to  be  instituted  against 
the  person  or  persons  by  whose  default  the  said  obstruction 
has  been  suifered  to  remain,  and  the  same,  when  recovered, 
shall  be  paid  to  the  Register  for  the  use  of  the  city,  and  if 
such  removal  be  made  by  the  commissioners  in  office  for  the 
time  being,  it  shall  not  be  necessary  for  such  commissioners, 
prior  to  making  such  removal,  to  take  any  other  oath  than 
that  which  they  may  have  taken  upon  their  appointment  to 
office. 


No.  26,  s.  21, 
Apr.  3,  '66. 
Per  diem  to 
be  assessed. 


22.  In  each  case  of  laying  out,  opening,  extending,  widen- 
ing, straightening  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane  or  alley,  under  the  provisions  of  this  ordinance, 
the  said  commissioners  shall,  for  each  and  every  day  in  which 
they  and  their  clerk  shall  be  actually  engaged  in  the  perform- 
ance of  their  duties,  assess,  as  part  of  the  expenses  of  their 
proceedings,  a  per  diem  as  to  each  of  said  commissioners  and 
their  clerk,  of  four  dollars,  to  be  collected  as  other  expenses 
are,  and  to  be  paid  to  the  Register  for  the  use  of  the  city. 


Steeets  and  City  Commissionee.  1007 

Article  XLVIL — Ordinances. 

23.  The  salary  of  each   of  said  commissioners  shall  be  iwa,  s.  23 -,  No. 

■^  _  53,  Aug.  7,  '67. 

twelve  hundred  dollars  per  annum,  and  that  of  their  clerk  saUries  of  com- 

missioners  and 

twelve  hundred  dollars  per  annum,  to  be  paid  as  other  city  ^lerk. 
officers  are  paid  ;  the  said  payment  to  be  in  full  satisfaction  of 
all  compensation  for  the  duties  required  of  them.  When  tlie 
proceedings  in  any  case  arising  under  this  ordinance  are  trans- 
ferred by  the  Register  to  the  Collector,  the  Register  is  author- 
ized and  required  to  pay  all  the  expenses  incurred  by  the  Expenses, 
commissioners  under  the  said  proceedings. 

24.  The  Commissioners  for  Opening  Streets,  so  soon  as  they  iwd,  s.  23. 
shall  have  completed  their  work  on  each  street,  shall  deposit  Booki  and  pa- 
all  papers  and  books  relating  thereto  in  the  office  of  the  Re- ppsited  with 

*^    ^  "  Register 

gister. 

25.  Whenever  the  owner  or  owners  of  the  bed  of  any  of  iwd.s.  24;  No. 

ii         X        X      1  11  /.     1  •  ,    .1  T^  1       92,  June  18, '59. 

the  streets,  lanes  or  alleys  or  the  city,  as  laid  out  on  ropple- Deeds  from 

ton's  plat,  shall  offer  to  convey  the  same  to  the  corporation,  my.'  °  '*"'''' 

it  shall  be  the  duty  of  the  Mayor  to  obtain  the  opinion  of  the 

Examiner  of  Titles  in  relation  to  the  title  to  the  property  and  Duty  ofExami- 

the  legality  of  the  deed  or  deeds,  and,  if  in  the  opinion  of  the  ""° 

Mayor,  it  will  be  right  and  proper,  and  the  public  good  will 

result  therefrom,  he  is  hereby  authorized  to  receive,  in  the 

name  of  the  Mayor  and  City  Council  of  Baltimore,  any  deed 

or  deeds  so  offered  to  the  city  ;  provided  that  no  deed  shall  be  proviso. 

for  less  than  one  whole  square,  and  that  the  city  shall  not  in-  square. 

cur  any  expense  in  receiving  the  same ;  and  that  a  plat  setting  put. 

forth    the   location,  together  with  the  surrounding  property, 

to   the  extent  of  two  hundred   feet,  shall   accompany   said 

deed. 

26.  Whenever  any  street,  lane  or  alley,  or  part  thereof,  iMd,  s.  25. 
shall  be  conveyed  to  the  city,  as  provided    in   the  preceding  pubuc  high- 
section,  the  same  shall  be  a  public  highway,  subject  to  all  or-  ^"^  * 
dinances  and  resolutions  of  the  Mayor  and  City  Council  re- 
luting  to  streets,  lanes  and  alleys  in  the  city  of  Baltimore. 


1008 


Streets  and  City  Commissioneb. 


Article  XLVII. — Ordinances. 


Ibid, ».  26.  27.     The  Mayor  and   City  Council  of  Baltimore  will  not 

When  petitions  entertain  any  petition  for  or  remonstrance  against  the  open- 
ing,  widening,  straightening  or  closing  of  any  street,  lane  or 
alley  in  the  city  of  Baltimore,  unless  the  signers  of  such  poti- 


or remonstran' 
ces  not  enter 
tained. 


Location  of  pro-  tioH  Or  remoustrance  shall  state  the  location  of  the  property 

perty.  r      r        ./ 

they  represent,  together  with  the  number  of  front  feet  of  the 


same. 


No.  44,s.  2,  June 
4,  '74. 
Permanent 
grade  lines. 


Changes, 


Record  and  re- 
turn. 


GRADES,  GRADING,  PAVING,  ETC. 


28.  The  City  Commissioner  may,  on  application  in  writing 
of  the  owner  of  any  property  binding  thereon,  proceed  to  es- 
tablish the  permanent  grade  line  or  lines  of  any  street,  lane  or 
alley,  or  part  thereof,  now  or  hereafter  to  be  marked,  located, 
widened  or  straightened  or  laid  out  upon  the  plan  of  the  city, 
and  may  also,  from  time  to  time,  upon  similar  application, 
make  such  changes  in  the  grades  of  any  unpaved  streets,  lanes 
or  alleys,  or  parts  thereof,  as  he  may  deem  advisable.  He 
shall  keep  in  his  office  a  record  of  such  establishments  or 
changes,  and  shall  also  make  a  written  return  of  the  same  to 
the  Register  of  the  City,  who  shall  record  the  same  and  preserve 
the  original  in  the  files  of  his  office,  and  shall  also  collect  the  cost 
of  such  establishments  or  changes  ef  grade  from  the  person  or 
persons  making  the  application  for  the  same.* 


*This  ordinance  repealed  Ordinance  No.  74,  June  3,  1870,  entitled  An 
ordinance  to  add  additional  sections  to  Article  43,  of  City  Code  of  '69,  title 
Streets,  and  Ordinance  No.  78,  June  14, 1870,  entitled  An  ordinance  to  re- 
peal sections  30,  31  and  39,  of  Article  43,  of  the  City  Code  of  '69,  and  re- 
enact  the  same  with  amendments,  and  sections  27  to  49  inclusive,  and 
sections  61,  62,  63,  64  and  66  of  Article  43,  of  the  City  Code  of  '69. 

Certain  paving  was  done  in  the  city  of  Baltimore,  and  a  tax  therefor 
assessed  on  the  owners  of  adjacent  lots  in  the  years  1870  and  1871,  after  the 
Act  of  1870,  c.  282,  [repealed  by  1874,  c.  218,]  and  the  city  ordinance,  No.  78, 
June  14,  1870,  [repealed  by  No.  44,  June  4,  1874,]  had  been  passed.  A  suit 
to  recover  this  tax  was  brought  by  the  Mayor  and  City  Council  for  the  use  of 
C.  H.  and  Son,  contractors  for  the  paving,  on  October  7, 1874,  after  the  pas- 
sage of  the  Act  of  1874,  c.  218,  and  the  ordinance  No.  44  of  that  year,  which 
ordinance  unconditionally  repealed  section  35,  of  Article  43,  of  the  City 
Code  of  1869.    This  section  35  made  it  the  duty  of  the  City  Collector  when 


Streets  and  City  Commissioneb.  1009 

Article  XL VII. — Ordinances. 

29.  Before  establishing  such  grade,  or  altering  or  changing  ibid,  s.  s. 
any  grade  heretofore,  or  that  may  be  hereafter,  established,  the  Notice  of  appii- 
City  Commissioner  shall  give  five  days'  notice  in  three  daily 

papers  of  the  application  made,  and  that  he  will  appear  on  the 
premises,  on  the  date  to  be  named  in  said  notice,  for  the  pur- 
pose of  determining  on  such  application. 

30.  The  City  Commissioner,  with  the  approbation  of  the  iwd,  •.  *. 
Mayor,  shall  have  full  authority  to  grade,  gravel,  shell,  pave  Grading,  pav- 
or  kerb  any  street,  lane  or  alley,  or  part  thereof,  in  the  city  of 
Baltimore,  whenever  the  owners  of  a  majority  of  the  feet  of 
ground  binding  on  such  street,  lane,  or  alley,  or  part  thereof, 

shall  apply  for  the  same. 

31.  When  the  City  Commissioner  shall  receive  an  appli- iwd,  s.  6. 
cation  in  writing  to  grade,  gravel,  shell,  pave  or  kerb  any  Notice  of  appu- 

j  cation,  tc. 

street,  lane  or  alley,  or  part  thereof,  as  provided  in  the  afore- 
going section,  it  shall  be  his  duty  to  give  ten  days'  public 
notice,  by  advertisement  in  three  newspapers,  of  the  fact  of 
such  application,  as  also  of  the  time  and  place  when  he  in- 
tends to  act,  for  the  purpose  of  determining  on  such  applica- 
tion. 


32.     After  such  application  has  been  made,  and  the  public  iwd,  s.  c. 
notice  has  been  given,  and  the  City  Commissioner  has  deter- Notice  for 
mined  to  grade,  gravel,  shell,  pave  or  kerb  any  street,  lane  or 
alley,  or  part  thereof,  he  shall  give  ten  days'  notice  in  three 


required  by  any  contractor  having  a  claim  for  paving  done  by  him,  to  com- 
mence a  suit  on  behalf  of  such  contractor  in  the  name  of  the  Mayor  and 
City  Council  against  any  person  liable  to  the  tax  assessed  on  his  property 
for  such  paving,  Held : 

1.  That  the  said  action  did  not  depend  upon  said  section  35,  of  Article  43. 

2.  That  the  Mayor  and  City  Council  had  the  right  to  maintain  the  action. 
DashieU  v.  Mayor,  (fee.,  45  Md.  615.  See  this  case  as  to  discrepancies  between 
Ordinance  No.  13,  June  5,  1858,  and  Ordinance  No.  78,  June  14,  1870^ 
which  modified  it,  and  the  eflFect  on  the  validity  of  the  tax,  of  a  bond  given 
by  the  contractors,  under  the  ordinance  of  1858  instead  of  that  of  1870. 


1010  Stkeets  and  City  Commissionee. 

Article  XL VII. — Ordinances. 

newspapers,  that  proposals  will  be  received  for  doing  the  same ; 
the  said  proposals  shall  be  opened  in  the  Mayor's  office,  and 
the  contract  shall  be  awarded  to  the  lowest  responsible  bidder. 

Ibid,  s,  7.  33.     A  tenant  for  ninety-nine  years,  or  for  ninety-nine  years 

Who  deemed     renewable  forever,  or  the  executor  or  administrator  of  such 

owners.  i  t  <»  •     ,> 

tenant,  or  the  guardian  oi  an  iniant  owner,  or  a  mortgagee  m 
possession,  shall  be  deemed  and  taken  as  an  owner  for  the  pur- 
poses of  any  application  authorized  by  this  ordinance,  and  the 
application  of  any  such  person  shall  bind  the  property  so  re- 
presented for  any  assessment  or  tax  made  under  it. 

Ibid,  s.  8.  34.     After  the  contract  has  been  awarded,  as  provided  in 

Tax  on  owners,  scction  32,  the  City  Commissioner  shall  impose  a  tax  upon  the 
owner  or  owners  of  property  binding  upon  such  street,  lane  or 
alley,  or  part  thereof,  equal  in  amount  to  the  whole  expense 
of  the  work,  and  for  collecting  the  same,  being  three  per 
centum  on  the  whole  cost,  except  for  cross  streets ;  and  he 
shall  assess  and  lay  the  tax  upon  the  owner  or  owners  of  prop- 
erty on  each  side  of  said  street,  lane  or  alley,  or  part  thereof, 
of  one-half  of  so  much  of  said  street,  lane  or  alley,  as  may  be 
in  front  of  such  property,  except  for  paving  the  portion  re- 
served for  sidewalks,  being  one-fifth  of  the  whole  width  on 
Lien.  ©ach  sidc  thereof;  and  the  said  tax  shall  be  a  lien  upon  such 

property. 

Ibid,  8. 9.  35.     After  the  contract  has  been  awarded  to  grade,  gravel. 

List  of  persons  shcll,  pavo  Or  kerb  any  street,  lane  or  alley,  or  part  thereof, 
the  City  Commissioner  shall  make  a  correct  list  of  the  names 
of  the  persons  liable  to  pay  the  tax  for  the  same,  and  the 
amount  to  be  paid  by  each  person  ;  and  he  shall  deliver  to  the 
Duty  of  City     City  Collcctor  a  duplicate  list  of  such,  under  his  hand  and  seal. 
Register.  with  directious  for  collecting  the  said  tax,  which  shall  be  due 

in  sixty  days  after  the  completion  of  the  work  and  its  accept- 
ance by  the  City  Commissioner ;  and  the  City  Register,  sixty 
days  after  the  acceptance  of  the  work  by  the  City  Commis- 
sioner, shall  deliver  to  the  contractor  the  city's  note  for  the 


Streets  and  City  Commissioner.  1011 

Article  XLVn. — Ordinances. 

: M 

amount,  payable  in  twelve  months  after  date,  bearing  interest 
at  six  per  centum  per  annum.  The  City  Commissioner  shall 
correct  any  mistake  in  the  warrant  whenever  he  may  be  satis- 
fied that  any  mistake  has  been  made. 

36.  The  City  Collector  is  hereby  directed  to  charge  interest  iMd,  s.  lo. 
at  the  rate  of  six  per  centum  per  annum  on  all  bills  not  paid  interest, 
when  due,  and  is  also  directed  to  collect  all  such  bills  as  other 

city  taxes  are  collected. 

37.  In  all  contracts  for  paving  streets  a  provision  shall  be  ibid.s.  ii;  No. 

.  ,  n  29,  Apr.  22, '76. 

incorporated  for  putting  down  nag  or  stepping  stones  across  FUg  and  step- 
all  streets,  lanes  or  alleys  at  their  intersections  with  each  other, 
and  all  flag-stones  to  be  hereafter  used,  shall  consist  of  two 
rows  of  gneiss,  granite  or  other  hard  stone,  two  feet  in  width, 
and  not  less  than  five  inches  in  thickness,  and  shall  be  so  laid 
as  that  there  shall  be  a  space  of  one  foot  between  said  two 
rows  of  flag-stones,  which  shall  be  paved  with  Belgian  blocks, 
and  the  City  Commissioner  shall  conform  to  the  requirements 
of  this  section  in  all  cases  where  flag-stones  shall  hereafter  be 
laid. 

38.  Streets,  lanes  or  alleys,  not  more  than  twenty  feet  in  no.  44.  s.  12, 

Juno  4   ^4 

width,  hereafter  to  be  paved,  may  be  paved  without  kerbstones,  when  streets, 
provided  the  owners  of  a  maioritv  of  the  front  feet  binding  pafed'wuilout 

1  1     11  1  ,        ^  /-.  kerbstones. 

thereon  shall  assent  to  the  same,  and  the  City  Commissioner  proviso, 
shall  deem  it  advisable  so  to  pave  such  street,  lane  or  alley. 

39.  All  streets,  lanes  or  alleys,  to  be  paved,  shall  be  paved  iwd,  a.  13. 
with  rubble  stone,  or  such  other  stone  as  the  City  Commissioner  when  streets, 
shall  consider  suflBciently  durable  ;  the  stone  to  be  not  less  than  rab\)?e  stone, 

Stc. 

sixteen  square  inches  on  the  surface  (except  that  part  between 
the  kerb  and  gutter,  which  may  be  of  such  smaller  size  as  di- 
rected by  the  City  Commissioner)  and  at  least  six  inches  in  depth, 
to  be  placed  upright'in  a  bed  of  sharp  sand  or  gravel,  at  least  one 
foot  in  depth  ;  and  the  interstices  shall  be  fitted  up  with  stone 
of  a  size  and  quality  to  be  prescribed  by  the  City  Commissioner ; 


1012 


Streets  and  City  Commissioner. 


Article  XL VII. — Ordinances. 


Gutter  stones. 


Kerbstones. 


all  paving  to  be  rammed  twice  with  rammers  weighing  fully 
eighty  pounds ;  gutter  stones  to  be  of  good  hard  stone,  not  less 
than  ten  inches  in  breadth,  one  foot  long,  and  six  inches  in  depth  ; 
the  kerbstone  to  be  not  less  than  four  and  a  half  inches  in 
thickness,  eighteen  inches  in  depth  and  four  feet  in  length,  and 
the  edge,  which  is  to  be  fitted  to  the  sidewalk,  shall  be  straight, 
and  leveled  to  the  pitch  of  the  footways,  and  the  two  ends  shall 
be  made  straight  the  whole  depth,  and  the  upper  edge  shall  be 
of  equal  thickness  throughout ;  provided  that  in  paving  streets, 
lanes  or  alleys,  not  over  twenty  feet  in  width,  the  City  Com- 
missioner may,  in  his  discretion,  put  the  gutter  in  the  centre 
thereof,  in  which  case  the  kerbstones  to  be  used  may  be  not  less 
than  fifteen  inches  in  depth  ;  and  all  kerbstones  shall  be  set  in 
a  bed  of  sharp  sand  or  gravel  as  hereinbefore  provided  for  the 
paving  ;  and  the  contractor  for  paving  any  street,  lane  or  alley, 
shall  give  satisfactory  security,  to  be  approved  by  the  Mayor, 
to  keep  the  said  pavement  in  repair  for  two  years  after  its 
completion. 


Proviso. 


Security  from 
contractor. 


Ibid,  s.  14. 


40.     The  City  Commissioner,  or  his  assistants,  shall  examine 
City  commis-    all  kerb,  flag,  and  gutter  stones  intended  to  be  used,  previously 

sioner  and  assis- 

tantstoexam-    to  their  being  laid  :  and  all  such  stone  not  conforming  to  the 

me  kerb,  flag,  »  '  ° 

paving,  &c.  provisious  of  this  ordinance  shall  be  condemned  and  rejected  ; 
and  he  shall  also  examine  all  paving  before  any  sand  has  been 
thrown  on  it,  and  if  the  same  be  not  laid  in  a  good  and  substan- 
tial manner,  and  in  accordance  with  the  aforegoing  provisions, 
he  shall  cause  the  same  to  be  taken  up  and  repaved  at  the  cost 
of  the  contractor  therefor  ;  and  if  any  contractor  shall  set  any 
kerb,  flag,  or  gutter  stones,  or  cover  any  paving  with  sand  previ- 
ously to  inspection  by  the  commissioner  or  his  assistant,  he  shall 

Penalty  sn  con-  forfeit  and  pay  a  fine  of  twenty  dollars  for  each  and  every  ofience. 

Ibid,  8. 16.  41.     The  Mayor  shall  have  full  power,  whenever  he  may 

Petition  by        dccm  it  advisablc,  to  sign,  on  behalf  of  the  city  corporation, 

Mayor  for  grad-  j  a    j 

ing,  &c.  any  petition  for  the  paving,  grading,  or  kerbing  of  streets,  lanes 

or  alleys,  on  which  may  front  any  property  belonging  to  the  city. 


Streets  and  City  Commissioner.  1013 

Article  XLVIL — Ordinances. 

42.  Whenever  any  street,  lane  or  alley,  has  been  graded,  ibid.s.  le. 
graveled,  shelled,  kerbed  or  paved,  in  pursuance  of  this  ordi- Expense  of 

cross  streets. 

nance,  the  City  Register  shall  pay  the  expense  of  the  cross 
streets,  on  the  order  of  the  City  Commissioner. 

43.  The  City  Commissioner,  with  the  approbation  of  the  iwd,  s.  n. 
Mayor,  shall   have  full  authority  to  re-grade,  re-gravel,  re- Regrading.  *o. 
shell,  re-pave  or  re-kerb  any  street,  lane  or  alley,  or  part 
thereof,  whenever  the  owners  of  a  majority  of  the  feet  of 
ground  binding  on  such  8treet,lane  or  alley,  or  part  thereof, 

shall  apply  for  the  same,  and  the  same  modes  of  procedure, 
notices,  &c.,  shall  be  adopted  as  are  hereinbefore  prescribed 
for  grading,  graveling,  shelling,  paving  or  kerbing  streets, 
lanes  or  alleys,  except  that  one-third  of  the  whole  cost  shall 
be  defrayed  by  the  city,  and  two-thirds  of  the  whole  cost 
shall  be  paid  by  the  owners  of  the  property  binding  thereon  ; 
and  the  proportion  to  be  paid  by  the  property  holders  shall 
be  a  lien  on  their  respective  properties  ;  the  whole  expense  of 
the  work  on  the  cross  streets  to  be  defrayed  by  the  city,  on 
the  order  of  the  City  Commissioner. 

44.  The  City  Commissioner  is  hereby  authorized  to  per-  iwd,  s.  is. 
mit  any  street,  lane  or  alley,  or  part  thereof,  to  be  graded,  private  contract 
graveled,  shelled,  paved  or  kerbed,  under  the  private  con- grading,  io. 
tract  of  the  owners,  whenever  all  the  owners  of  property 
binding  thereon  shall  unite  in  an  application  in  writing  to 

him  for  such  permission;  provided,  that  the  contractor  or  pm-iso. 
owners   shall  give  bond,  approved  by  the  Mayor,  that  the  Bond, 
work  shall  be  done  in  strict  accordance  with  the  terms  of 
this  ordinance,  and  that  he  or  they  will  keep  it  in  repair  for 
two  years  after  its  completion.     Any  person  or  persons  who 
shall  proceed  to  grade,  gravel,  shell,  pave  or  kerb  any  street, 
lane  or  alley,  or  part  thereof,  without  first  complying  with 
the  terms  of  this  section,  shall  be  liable  to  a  fine  of  one  penalty, 
hundred  dollars  for  each  and  every  day  that  he  or  they  may 


1014  Streets  and  City  Commissioner. 

Article  XLVIL — Ordinances. 

be  engaged  in  such  work,  the  said  fine  to  be  collected  as 
other  fines  are  collected. 

No.  95,  May  27,  45,  All  parties  to  whom  contracts  maybe  awarded  for 
Bond  from  par-  grading,  korbing  or  paving  streets,  lanes  or  alleys  in  the 
•contracts  are  q{Ij  q{'  Baltimore,  shall  be  required  to  file,  within  ten  days 
from  the  date  of  such  award,  a  satisfactory  bond  conditioned 
for  the  commencement  of  the  work  within  fifteen  days  there- 
after, and  for  its  continuous  and  faithful  prosecution,  except 
when  unavoidably  interrupted  by  weather. 

Ibid,  s.  2.  46.     Any  contractor  who  shall  fail  to  comply  with  the 

whencontrac-  tcrms   of  the   preceding  section   of  this   ordinance,   within 

tor  to  forfeit  all  .  •  n      t  t      tj      r       r   '  -n        t     •  ^ 

claim  to  con-     the  time  specified,   shall  lorieit  all  claim  to  the  contract 

tract.  ^  ' 

awarded  him,  and  the  proper  officers  of  the  city  may  at 
once  either  award  a  contract  for  the  same  work  to  the  next 
lowest  bidder  therefor,  or  may  re-advertise  for  proposals, 
New  award.  and  procecd  as  if  no  award  had  been  made,  as  in  their  judg- 
ment may  be  best  for  the  interests  of  the  city. 

No.21,  Apr.  5,  47.  It  shall  be  the  duty  of  the  Comptroller  of  the  City, 
What  percent-  and  thc  Register  of  the  City,  in  settling  bills  against  the 
held  from  con-   MayoT  and  City  Council  of  Baltimore,  on  all  contracts  made 

tractors,  and  for  •'  •' 

how  long.  and  entered  into  for  the  grading,  paving  and  kerbing  of 
streets,  lanes  and  alleys,  to  withhold  from  the  contractors 
for  said  work,  ten  per  centum  of  the  amount  of  their  bills  ; 
said  amount  to  be  retained  for  the  space  of  two  years  from 
the  date  of  settlement,  in  order  to  protect  the  corporation 
against  loss,  by  reason  of  the  negligent  performance  of  any 

Guaranty.  contract,  and  as  a  guaranty  that  the  contractors  will  keep 
the  work  performed  by  them  in  proper  condition  and  repair 
during  the  space  of  two  years. 

No.  13,  s.39,R.      48.     The  City  Commissioner,  with  the  approbation  of  the 

Contracts  how    Mayor,  shall  consummate  all  contracts  with  such  person  or 

awarded.  persous  as  shall  have  public  work  awarded  them,  pursuant 

to  Art.  I,  sub-title,  City  Contracts,  [p.  62,  &c.,  ante,']  when- 


Stbeets  and  City  Commissionbb.  1015 

Article  XLVII. — Ordinances. 

ever  such  awards  have  been  made  under  advertisement  issued 
by  him  for  proposals  for  such  public  work. 

49.     The  City  Commissioner  shall  have  full  power  to  grade  ibid.s.  24. 
and  regulate  the  footways  in  all  paved  streets,  lanes  and  alleys  General  regnia- 
in  the  city  of  Baltimore,  and  all  streets,  lanes  and  alleys  here-  ing  and  paring 

•'  footways. 

after  to  be  paved,  repaved  or  repaired,  to  the  grade  of  five-eighths 
of  an  inch  ascent  for  every  foot  in  width  of  such  footways,  from 
the  top  of  the  curb  stone  to  the  line  of  the  street,  lane  or  alley 
in  which  such  footway  may  be  paved,  repaved  or  repaired,  and 
to  regulate  all  gutters  across  said  footways,  which  unless  cover- 
ed with  wood,  stone  or  brick,  on  a  level  with  the  surface  of  the 
footways,  shall  not  be  deeper  than  three  inches. 

60.     The  City  Commissioner  is  hereby  authorized  and  direct-  ibia,  s.  25 
ed,  in  all  cases  where  the  owner  or  owners  of  ground  fronting  Notice  to  own- 
on  any  of  the  paved  streets,  lanes  or  alleys  of  the  city,  cannot  whentobepub^ 
be  found  at  the  time  said  footways  are  out  of  order,  to  cause  to 
be  published  in  three  or  more  of  the  daily  papers  having  the 
largest  circulation  published  in  the  city  of  Baltimore,  at  least 
five  times,  the  locality  and  number  of  feet  of  such  lot  or  lots 
of  ground,  and  notice  of  his  intention  to  have  the  footways  of 
such  lot  or  lots  paved,  repaved  or  repaired,  as  the  case  may  be, 
and  in  case  said  lot  or  lots  shall  not  be  paved,  repaved  or  re- 
paired within  the  time  specified  in  said  notice,  said  commissioner 
shall  have  the  footways  of  such  lot  or  lots  paved,  repaved  or 
repaired,  and  shall  hand  over  to  the  Collector  his  warrant,  to  be  collector. 
by  him  collected  as  herein  provided. 

51.     The  said  City  Commissioner  shall  cause  notice  of  said  ibia,  s.  25. 
order  to  be  given  to  the  proprietor  or  proprietors  of  the  lot  or  Notice  of  order 
lots  in  front  of  which  a  footway  is  required  to  be  filled  up,  dug  proprietors, 
down,  paved  or  repaved,  in  manner  following,  that  is  to  say: 
the  said  order,  or  a  copy  thereof,  may  be  left  at  any  house  on 
such  lot,  or  served  personally  on  the  proprietor  or  proprietors, 
or  his,  her  or  their  tenant,  agent  or  guardian,  or  left  at  his,  her 


1016  Stbeets  and  City  Commissioner. 

Article  XLIVI. — Ordinances. 

or  their  residence,  or  a  copy  of  such  order  may  be  published  in 
one  or  more  of  the  newspapers  of  the  city,  not  less  than  five 
times,  notice  in  any  of  which  modes  shall  be  deemed  suf- 
ficient. 

Ibid,  8. 27.  52.     If  the  proprietor  or  proprietors  of  any  lot  or  lots  front- 

Proceedings  in  ing  on  any  pavcd  street,  lane  or  alley,  shall  neglect  or  refuse  to 
or  refusal.  fiH  up,  dig  dowu,  pave  or  repair  the  footways  in  front  of  such  lot 
or  lots,  for  the  space  of  ten  days  after  service  of  a  printed  or 
written  order,  or  copy  thereof,  in  manner  as  aforesaid,  to  be 
reckoned  in  case  of  publication  in  a  newspaper  from  the  first 
publication,  then  the  said  City  Commissioner  shall  be  and  he 
is  hereby  authorized  and  directed  to  have  the  said  footways 
filled  up,  dug  down,  paved  or  repaved  with  brick,  in  a  sufiicient 
and  substantial  manner,  or  repaired  in  such  manner  as  he,  the 
said  City  Commissioner,  shall  think  proper,  and  a  tax  shall  be 
and  he  is  hereby  imposed  upon  each  respective  lot  in  front  of 
which  the  footways  shall  have  been  so  filled  up,  dug  down, 
paved  or  repaired,  equal  to  the  expense  of  such  filling  up,  dig- 
ging down,  paving  or  repairing,  with  an  addition  thereto  of 
three  per  cent,  for  the  expense  of  collecting. 

Ibid,  s.  28.  53.     The  City  Commissioner  shall  issue  his  warrant  to  the 

Footway  tax,     collcctor,  approved  by  the  Mayor,  for  the  collection  of  said  tax, 

how  collected.  ...  /.     ,  i 

containing  the  names  oi  the  person  or  persons  who  are  to  pay 
such  tax,  and  the  amount  to  be  paid  by  each,  nevertheless  cor- 
recting any  mistake  in  the  said  list  as  often  as  he  may  be  sat- 
isfied of  the  same,  and  the  said  tax  shall  be  due  immediately 
on  making  out  said  warrant,  which  the  said  City  Commissioner 
may  do  as  soon  as  he  can  ascertain  the  expense  incurred,  or 
Lien.  to  bc  incurrcd,  and   such  tax  shall   be  a  lien  upon  all  such 

lots. 

Ibid,  8. 29.  54.     The  said  collector  shall  immediately  collect  the  same  by 

May  be  collect-  distress  Or  otherwise,  giving  sixty  days'  notice  previously  to 
distress,  and  pay  over  the  same  to  the  Register. 


Streets  and  City  Commissionee.  1017 

Article  XLVII. — Ordinances. 

55.  The  City  Commissioner  is  hereby  anthorized,  with  the  iwd.s.  30. 
approbation  of  the  Mayor,  to  draw  on  the  Register  of  the  City,  Register  to  pay 

^^  »  ,  ,  "^     inlnticlpation. 

in  anticipation  of  such  tax,  tor  such  sum  or  sums  of  money  as 
may  be  necessary  to  fill  up,  dig  down,  pave  or  repair  any  such 

footways. 

56.  If  any  person  or  persons  shall  neglect  or  refuse  to  fill  iMd.s.  si. 
up,  dig  down,  pave  or  repave  any  footway  in  front  of  his,  penalty  for  re- 
her  or  their  lot  or  lots,  when  required  so  to  do  by  the  City 
Commissioner,  in  the  manner  hereinbefore  provided,  such 

person  or  persons  shall  forfeit  and  pay  twenty-five  cents  per 
front  foot  every  day  such  person  or  persons  shall  refuse  or 
neglect  to  fill  up,  dig  down,  pave  or  repave  as  aforesaid,  as 
a  fine  for  such  neglect  or  refusal ;  and  it  shall  be  the  duty 
of  the  City  Commissioner,  when  he  issues  his  warrant  for 
the  said  tax,  to  take  the  necessary  steps  for  enforcing  the 
said  fine. 

57.  It  shall  be  the  duty  of  the  City  Commissioner,  iniMd.s.ai 
conjunction  with  the  Marshal  of  Police,  biennially  to  inspect  Footways,  *c., 
all  the  footways,  flag  and  stepping  stones  within  the  cor-  biennially, 
porate  limits  of  the  city,  and  cause  the  same  (where  requir- 
ed) to  be  immediately  repaved  or  repaired,  in  conformity  to 

the  provisions  of  sections  49,  50,  52,  56  and  60,  of  this  ordi- 
nance. 

58.  It  shall  not  be  lawful  for  any  person  or  persons  to  iwa,  s.  ss. 
pave  any  of  the  footways  binding  on  any  of  the  streets.  Footways,  how 

to  be  paved 

lanes  or  alleys  of  the  city  of  Baltimore  with  stone,  unless  with  stone, 
the  same  shall  be  put  down  with  good  and  sufficient  flag 
stones,  parallel  with  the  kerbstone  on  said  street,  lane  or 
alley,  under  a  penalty  of  one  dollar  for  every  front  foot. 

59.  The  Mayor  is  hereby  authorized  to  extend  the  time  iwd,  s. 34. 
of  bonds  for  paving  or  repaving  the  streets,  lanes  or  alleys,  Paving  bonds 
upon  his  being  assured  by  the  City  Commissioner  that  the  «'^  ^^  Mayor. 


1018 


Streets  and  City  Commissionbe. 


Article  XL VII. — Ordinances. 


work  cannot  be  completed  consistently  with  the  public  in- 
terests within  the  time  limited  in  the  bonds. 


Footways. 

Pavements  of 
brick. 


No.  71, July  13,       60.     The  City  Commissioner  is  authorized  to  direct  and 

'68.  ... 

Notice  to  own-  rcquirc  by  Written  or  printed  order,  the  proprietor  or  pro- 

ers . 

prietors  of  any  lot  or  lots  fronting  on  any  of  the  paved 
streets,  lanes  or  alleys  of  the  city,  to  fill  up,  or  dig  down  to 
the  proper  grade,  or  to  pave  or  repair  the  footways  in  front 
of  such  lot  or  lots,  with  a  good  and  sufficient  brick  pave- 
ment, on  a  bed  of  good  sharp  sand,  not  less  than  six  inches 
deep,  within  ten  days  after  notice  of  such  order  ;  the  said 
footways  in  front  of  unimproved  lots  to  be  paved  with  good 
and  substantial  brick  four  feet  from  the  kerbstone,  and  all 
the  thoroughfares  or  business  streets  of  the  city  shall  be 
paved  to  the  building  line,  if  thought  requisite  by  the  City 
Commissioner,  and  in  case  of  refusal  or  neglect  by  the  pro- 
prietor or  proprietors  of  any  lot  or  lots  of  ground  to  comply 
with  the  requirements  of  the  said  commissioner,  the  owner 
or  owners  of  said  lot  or  lots  of  ground  shall  be  subject  to  a 
fine  of  ten  dollars  for  each  and  every  day  such  notice  or 
order  shall  remain  uncomplied  with,  to  be  recovered  as  other 
fines  and  forfeitures  are  recoverable. 


Fine. 


No.  66,  Oct.  19,  61.  Whenever  application  shall  be  made  to  the  City 
Nicholson  or  Commissioner  to  have  paved  or  repaved  any  street,  lane  or 
ment.  alley  of  the  city  of  Baltimore,  or  whenever  said  paving  or 

repaving  shall  be  done  by  virtue  of  an  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  it  shall  be  optional 
with  the  owners  of  a  majority  of  the  front  feet  of  ground 
binding  upon  said  street,  lane  or  alley,  whether  the  said 
paving  or  repaving  shall  be  with  stone,  or  what  is  known  as 
the  Nicholson,  or  any  other  improved  pavement;  and  pro- 
vided further,  that  when  any  paving  or  repaving  is  to  be 
done  in  front  of  any  property  owned  by  the  corporation  of 
the  city  of   Baltimore,  the  Mayor,   Comptroller  and  City 


Owners  to 
choose  their 
paving. 


Prorito. 


Streets  and  Oitt  Commissioner.  1019 

Article  XLVII. — Ordinances. 

Commissioner  shall  decide  whether  it  shall  he  paved  with 
stone  or  any  improved  pavement. 

REPAIRING,  MENDING,  &c.,  STREETS  AND  BRIDGES. 

62.  There  shall  he  appointed,  annually,  as  other  city  no.  «,  a.  i,  Feb. 
officers  are  now  appointed,  one  City  Commissioner,  who  Appointment  of 
shall  attend  daily  at  his  office,  and  there  shall  also  he  ap-  sionerand  as- 

.  .  .      .  sistant. 

pointed  annually  one  Assistant  City  Commissioner,  who  shall  to  atte«d  office 
be  under  the  direction  of  the  said  City  Commissioner,  and  Assistant  city 

1  ..  /'IT  ••  I'j  1111.     Commissioner. 

the  entire  time  oi  both  commissioner  and  assistant  shall  be 
devoted  personally  to  the  interests  of  the  corporation,  and  Not  to  b«  en- 
should  it  be  ascertained  that  either  of  the  aforesaid  officers  nected  with 

other  business. 

is  engaged  or  connected  with  any  business  or  pursuit  other 
than   that  appertaining  to  his  official  duties,    it  shall  be 
deemed  good  and  sufficient  cause  for  his  or  their  removal  by  Removal, 
the  Mayor. 

63.  Said  commissioner  and  assistant  commissioner,  be- iwd.s,  6;  no. 
fore  entering  upon  the  duties  of  their  several  offices,  shall  no.  4.  Feb.' s, 

,  ,  .  .  '   .  '65;  No.  37,  May 

severally  give  bond  with  security  for  the  faithful  perform-  6,  '68. 
ance  of  their  duties,  the  commissioner  in  the  penal  sum  of  Bond  of  com- 
ten  thousand  dollars,  and  the  assistant  in  the  sum  of  five  of  assistant, 
thousand  dollars,  and  there  shall  be  appropriated,  annually, 
the  sum  of  three  thousand  dollars  for  the  salary  of  the  City  salary. 
Commissioner,  payable  monthly,  and  for  the  salary  of  the 
Assistant  Commissioner,  fifteen   hundred  dollars,   payable 
monthly. 

64.  Itshallbethedutyof  the  Assistant  City  Commissioner  ibid,s.4. 

to  attend  to  all  duties  that  may  be  required  of  him  by  the  Duties  of  assIs- 
City  Commissioner,  and  before  any  repairs  of  paved  streets  missioner. 
are  proceeded  with,  the  said  City  Commissioner  shall  have 
correctly  measured  the  work  to  be  done,  and  the  clerk  to  the  wort  to  be  cor- 
City  Commissioner  shall  keep  a  record  of  such  measurement.  Record, 
and  the  payments  shall  be  made  in  accordance  therewith. 


1020  Streets  and  City  Commissioner. 

Article  XL VII. — Ordinances. 

No.  112,  June         65.     There  shall  be  annually  appointed  by  the  Mayor,  to  be 
Two  additional  Confirmed  by  the  City  Council,  two  additional  assistants  to  the 

assistants.  _  . 

Salaries,  City  Commissioner,  at  a  salary  of  fifteen  hundred  dollars  each 

per  annum. 

Ibid,  8. 2.  Q6.     It  shall  be  the  duty  of  said  assistants  to  inspect  daily, 

Duty  of  last      uudor  the  direction  of  the  City   Commissioner,  all  grading, 

named  assist-  .  i   i        i  •  /.  i  n  •  ^     i 

ants.  paving  and  kerbing  of  streets,  lanes  or  alleys,  or  repairs  oi  the 

same  that  may  be  in  progress,  and  to  measure  all  repairs  that 
may  be  made  to  the  same,  and  to  superintend  and  inspect  any 
other  work  that  the  City  Commissioner  may  direct. 

No.  6,  s.  9,  Feb.      67.     Thcro  shall  be  ap)pointed  by  the  Citv  Commissioner  a 

14, '63;    ^o.  23,  .      .  "       .  ,      n   ,        ,.p 

Mar.  19, '64;  No.  clerk  to  said  commissioner,  whose  compensation  shall  be  nf- 

53,  Aug.  7,  '67;  ^ 

No-  37,  May^e,  tecD  hundrcd  dollars  a  year,  payable  monthly,  and  who  shall 
^'  '^'  keep  a  fair  journal  of  all  proceedings  in  the  office,  as  far  as 

Salary.  they  may  relate  to  the  condemnation,  grading  or  leveling  of 

Journal.  the  strects,  lanes  and  alleys,  and  the  establishment  of  boun- 

daries or  the  making  and  repairing  of  sewers,  and  the  build- 
Return  to  Reg- iug  and  repairing  of  bridges,  and  shall  return  them,  under  the 
hand  and  seal  of  the  commissioner,  at  least  once  in  every 
three  months,  to  the  Register  of  the  City,  to  be  by  him  record- 
Bids  for  work,    ed  and  filed  in  his  ofiice ;  and  he  shall  carefully  preserve  all 
Papers.  bids  for  work  to  be  done,  and  all  papers  belonging  to  persons 

having  business  with  the  City  Commissioner's  office. 

Ibid,  8,  2;  No.      68.     The  department  of  the  City  Commissioner  shall  include 

52,  May  7, '68.        ,,,,-,,  ,   ,  ,. 

Leveling,  grad-  the  leveling,   grading,    makmg,   mending   or    repairing    the 

ing,  mending,  i     i     .  i  i  •  •    i 

&c., streets,  &c.  streets,  lanes,  alJeys  and   bridges,  and  contracting   with  any 
Contracts. how   pcrsou  for  materials  for   the  purpose  aforesaid,  said  contracts 
having  been  approved  by  the  Mayor,  Register  and  Comptroller 
of  the  City,  and  with  as  many  workmen  as  he  may  judge  neces- 
sary to  be  employed  from  time  to  time  in  and  about  the  same. 

Ibid,  8. 3.  69.     All  moneys  appropriated  for  the  department  of  the 

Money  expend-  City  Commissioner  shall  be  expended  under  his  direction,  and  ; 

paid  by  the  Register  to  his  order,  when  approved  by  the  Mayor,  ' 

on  the  certificate  of  the  Comptroller. 


Streets  and  Citt  Commissioner.  1021 

Article  XL VII. — Ordinances. 

70.  It  shall  be  the  duty  of  the  City  Commissioner,  annually,  ibid,  s.  6. 

to  lay  before  the  City  Council,  in  the  first  week  of  the  annual  Report  to  city 

1.  •  1  /.I       Council. 

session,  a  report  of  his  proceedings,  with  an  abstract  of  the 
expenditures  of  the  office,  signed  by  him. 

71.  It  shall  be  the  duty  of  the  City  Commissioner,  in  mak-  iwd,  s.  7. 
ing  his  annual  report  to  the  Mayor  and  City  Council,  to  fur-  statement  of 
nish  a  statement  of  the  several  streets,  lanes  and  alleys,  or  paved  irrepar- 

'  *     '  ed. 

parts  thereof,  that  haye  been  payed  or  repaved  during  the  year,  ^ 

together  with  the  names  of  the  contractors,  the  number  of  contractors, 
square  feet  and  the  sum  per  square  foot  paid  for  paving  or 
repaving,  as  the  case  may  be,  and  to  state  explicitly  whether 
all  the  provisions  of  the  ordinances  relating  to  paving  and 
repaving,  and  the  duties  required  of  the  City  Commissioner, 
have  been  complied  with. 

72.  All  warrants  and  other  documents  issued  by  the  City  ibid,  s.  s. 
Commissioner,   or  connected  with  his  department,   shall   be  Heading  of  doc- 
headed  :  "  City  Commissioner's  office." 

73.  The  City  Commissioner  shall  have  full  power  and  au- No.e.s.  lo.Feb. 
thority,  and  he  is  hereby  authorized  and  required,  when  ap-  city  commis- 

,.    J  ,  ...  •  J  _e      sioner  to  fix 

plied  to  by  any  person  requiring  the  same,  to  ascertain  and  iix  lines  or  streets, 
the  lines  of  any  of  the  streets,  lanes  and  alleys,  or  any  boun-  Boundaries  of 
dary  of  any  of  the  lots  within  said  city,  and  having  so  fixed 
and  established  the  same,  to  put  up  stones  or  landmarks,  to  be  Landmarks, 
provided  for  that  purpose  by  the  person  or  persons  requiring 
the  same  to  be  done  at  any  pljice  or  spot  so  established  by  him, 
and  to  make  return,  in  writing,  of  snch  establishment,  with  Return  to  Ke 
the  proper  description  thereof,  under  his  hand  and  seal,  to  the 
Register,  who  shall  immediately  record  the  same  in  a  book  to 
be  provided  for  that  purpose,  and  shall  file  and  keep  the  origi- 
nal record  or  paper,  so  returned  as  aforesaid,  in  his  office. 

74.  No  owner  or  owners  of  any  lot  in  the  city  shall  dig  or  ibid,  s.  ii. 
lay  the  foundation  of  any  house  in  front  of  any  street,  lane  or  Lines  of  streeu 

"  in  laying  foun- 

alley,  or  erect  any  wall  or  fence  fronting  thereon,  before  he,  Nations  of 


1022  Streets  and  City  Commissioner. 

Article  XLVII. — Ordinances. 

she  or  they  shall  have  applied  to  the  City  Commissioner  to 
make  out  the  true  line  of  such  street,  lane  or  alley,  unless  the 
corners  of  the  square  upon  which  such  improvement  is  to  be 
made  have  been  duly  established,  and  said  commissioner,  so 
Duty  of  City     applied  to,  is  hereby  authorized  and  required  to  see  that  such 

Commissioner.  ... 

foundation,  building,  house  or  wall  does  not  and  shall  not  en- 
croach upon  the  highway,  and  said  commissioner  shall  have  a 
right  to  employ,  if  he  deems  it  necessary,  on  every  such  occa- 

city  Surveyor,  siou,  the  City  Surveyor,  at  the  cost  of  such  owner  or  owners. 
Every  person  so  neglecting  to  apply,  as  aforesaid,  shall  forfeit 

Penalty.  and  pay  five  dollars,  and  a  like  sum  for  each  and  every  day 

such  directions  are  not  complied  with.* 

Ibid,  s.  13.  75.     If  any  person  or  persons  shall  think  him,  her  or  them- 

Appeai  to  May.  sclvcs  aggrieved   by  the  determination  of    the  said  commis- 
mination  of       sioucr,  lu  fixing  the  lines  of  any  street,  lane  or  alley,  or  the 

CityCommis-  '  °  ^ 

sioner.  bouudary  of  any  lot,  or  in  fixing  the  grade  of  streets,  lanes, 

and  alleys,  in  such  case  every  such  person   or  persons  may, 
within  five  days  next  after  such  determination,  appeal  from  the 
Commission  to  samc  to  the  Mayor,  who  shall  thereupon  issue  a  warrant  sum- 
persons,  moning  five  disinterested  persons  of  known  ability  and  discre- 
compensation.   tiou,  whosc  compensation  shall  be  two  dollars  per  day  each, 
(the  determination  of  whom,  or  a  majority  of  whom,  shall  be 
final,)  to  settle  all  matters  of  dispute  within  ten  days  there- 
Return  of  award  after,  and  return  their  award,  in  writing,  to  the  Register,  to  be 
eg  8  er.       ^^  j^.^  rccordcd  ;    and  before  the   persons  appointed   under 
such  warrant  shall  proceed  to  the  execution  of  their  duties, 
Oath.  they  shall  make  oath  or  affirmation  that  they  will  impartially 
examine  the  proceedings  of  the  said  commissioner  from  which 
an  appeal  is  prayed,  and  confirm  or  alter  the  same  as  in  their 
opinion  is  just,  without  favor  or  partiality  ;  and  the  said  per- 
sons shall  receive  from  the  said  commissioner  all  documents 
and  information  which  influenced  and  directed  him  in  said 
determination,  from  which  the  appeal  is  made. 

*  For  party  walls  and  partition  fences,  see  p.  123,  ante. 


Streets  and  City  Commissioner.  1023 

Article  XL VII. — Ordinances. 

76.  When  any  person  or  persons  shall  appeal  from  the  de-  ibid,  s.  14. 
termination  of  the  City  Commissioner,  it  shall  not  be  lawful  Duty  of  Mayor. 
for  the  Mayor  to  grant  the  said  appeal  and  issue  the  warrant 

herein  mentioned,  unless  the  person  or  persons  so  appealing 

shall  enter  into  an  obligation  to  the  Mayor  and  City  Council  Bond  for  expen. 

of  Baltimore,  and  file  the  same  with  the  Register,  binding 

him,  her  or  themselves  to  pay  to  the  Mayor  and  City  Council 

of  Baltimore  all  the  expenses  which  may  be  incurred  in  the 

said  appeal,  should  the  same  be  not  sustained. 

77.  The  City  Commissioner,  with  the  approbation  of  the  iwd,  a.  is. 
Mayor,  shall  fix  and  ascertain  the  said  expenses,  which  shall  be  how  expenses 

ascertained  • 

paid  to  the  Register,  and  by  him  to  the  person  or  persons  em- 
ployed to  decide  the  appeal. 

78.  The  City  Commissioner  shall  have  full  power  and  au-  iwd, «.  le. 

thority  to  enter  upon  the  lots  of  ground  or  possessions  of   any  power  to  enter 

,         11.11  i°'*  "^  posses- 

person  or  persons,  or  bodies  corporate,  through  which  the  com-  sions. 

mon  sewers  now  or  may  hereafter  run,  to  regulate  or  repair  the  sewers. 

same.* 

79.  The  City  Commissioner  is  hereby  directed  whenever  ibid,  s.  ir. 
any  of  the  bridges  within  the  city  stand  in  need  of  repairs,  to  Bridges, 
mend  and  repair  the  same  as  he,  with  the  approbation  of  the 
Mayor,  may  think  fit. 

80-    If  any  person  or  persons  shall  cut,  break,  dig  down,  in-  ibid,t.i9. 
jure  or  destroy  any  abutment,  bank,  mound  or  other  public  injuring  or  de- 

stroying  abut- 

work  erected  or  constructed  by  or  under  the  orders  of  the  City  ment,  mound, 
Commissioner,  every  person  so  ofiending  shall  forfeit  and  pay 
a  sum  not  exceeding  two  hundred  dollars,  and  moreover,  shall  Penalty, 
be  liable  to  pay  the  expenses  of  repairing  the  injury. 

81.     The  City  Commissioner  is  authorized  to  place  flag  and  iwd,  s.  ai. 
stepping  stones  whenever  and  wherever  the  convenience  and  Placing  flag  and 

•j.        jy  1.1,  uv  •        .1  stepping  stones. 

necessity  01  the  public  may  require  the  same,  upon  proper  ap- 
plication being  made  to  him. 


See  Art.  XLIV,  Sewers. 


1024  Streets  and  City  Commissioner. 

Article  XL VII. — Ordinances. 
No.  83,  Nov.  7,      82.     The  City  Commissioner  is  hereby  authorized,  upon  the 

'68.  ^ 

Repairing  and    application  of  the  owners  of   a  majority  of  the  front  feet  on 

cleaning  private  .  i         /»     i       i  n  ^  j.1. 

wharires,  doci£s,  any  private  whari,  dock,  street,  lane  or  alley,  to  cause  tne  same 
to  be  thoroughly  repaired  and  cleaned,  and  to  assess  and  collect 
from  the  owners  of  the  property  a  tax  sufficient  to  defray  the 
expense  of  the  same  in  the  manner  prescribed  by  law. 

No.97,  Oct.  8,  83.  The  City  Commissioner,  when  engaged  in  repairing 
Trenches  made  strects,  laucs  and  alleys,  shall  repair  the  same  over  the  trenches 

by  gas  compan-  tii  i  .  in  i  j.     i?  j.\ 

ie».  made  by  the  several  gas  companies,  and  collect  the  cost  oi  the 

work  from  the  companies  over  whose  pipes  the  repairs  shall 
have  been  made. 

LAMPS  AND  GAS. 

No.  100,  Oct. 23,      84.     The  General  Superintendent  of  Lamps  and  Inspec- 

1878;    No.  8,  s.  . 

2,  Feb.  29,  '68;  toT  and  Scalcr  of  Meters,  with  the  approbation  of  the  Mayor, 
Feb.  14, '63.  shall  make  all  contracts  for  the  construction,  erection,  re- 
Lamps  and  pii-pair  or  removal  of  all  street  lamps  and  lamp  pillars.  The 
No.  104, Oct.  14,  said  Superintendent  of  Lamps  is  directed  to  have  pillars  and 

'72.  .  . 

Pillars  and  gas  gas  lamps  placcd  at  two  corners  of  every  intersection   of 

corners  of  inter-  streets,  and  midway  in  the  squares  between  streets,  at  a  dis- 
section of 
streets,  and       tauco  of  not  ovcr  One  hundred  and  seventy-five  feet :  provi- 

midway  in  ./  >    i 

tweSreets.  dcd  the  gas  maius  are  laid  and  the  streets  paved  or  contract- 
Proviso.  g(j  ^Q  ]3e  paved. 

Ibid,  8. 3.  85.     The  Register  of  the  City  is  hereby  authorized  and 

Register  to  pay.  directed  to  pay  upon  the  order  of  the  said  superintendent, 

approved  by  the  Mayor,  for  any  work  done  by  virtue  of  the 

preceding  two  sections. 

No.  66,  May,  13,  86.  The  Said  superintendent  is  hereby  authorized  and  di- 
The  name  of  rcctcd  to  havc  the  namcs  of  the  streets  painted  on  frosted 
lamps.  glass,  set  in  a  tin  frame,  and  placed  inside  of  all  the  lamps 

at  the  corners  of  streets  throughout  the  city. 

ibid.s.  3.  87.     When  a  new  lamp  shall  be  erected  on  the  corner  of 

New  lamps.      any  strccts,  the  said  superintendent  shall  have  the  names  of 

names  of  streets  i       i  •  n  •  i        -l 

on-  the  streets  placed  inside  the  lamp,  m  accordance  with  the 


Streets  and  Cttt  Commissioner.  1025 

Article  XL VII. — Ordinances. 

above  section ;  the  cost  of  the  same  to  be  taken  out  of  the 
annual  appropriation  for  pillars  and  lamps. 

88.  If  any  person  or  persons  shall  injure  or  destroy  any  no.  84,  Sept.  is, 
lamp  post,  pillar  or  lamp,  or  any  other  public  property  of  Destroying 

lamp  posts, 

any  kind,  he  or  they  shall  forfeit  and  pay  a  sum  not  exceed-  iamps,&c.,  city 

*'  *'  ^    ''  property. 

ing  ten  nor  less  than  five  dollars,  and  also  pay  the  expense  Penalty, 
of  renewing  or  repairing  the  same. 

89.  It  shall  and  may  be  lawful  for  any  person  to  erect  a  no.  83,8.84, 
lamp  or  lamps  opposite  his  or  her  house,  with  such  lettering  Private  lamps 
and  device  as  such  person  may  think  proper,  in  a  line  with 

those  erected  by  the  city,  near  the  kerbstones ;  provided,  ProTiaos. 
said  lamps  shall  not  be  less  in  size  than  those  erected  by  the 
city,  and  shall  be  erected  in  the  same  manner  and  of  the  same 
materials  as  those  now  used  by  the  corporation  for  burning 
gas  ;  and  provided,  also,  that  the  glass  of  said  lamps  shall 
not  be  colored  or  darkened  more  than  is  necessary  to  place 
therein  the  lettering  or  device  aforesaid  ;  and  any  person 
erecting  a  lamp,  except  in  conformity  to  the  provisions  herein 
contained,  shall  be  subject  to  a  fine  not  exceeding  two  dollars,  penalty, 
and  a  further  sum  of  two  dollars  for  every  day  the  same  shall 
be  permitted  to  remain. 

90.  It  shall  not  be  lawful  for  any  person,  other  than  such  no,  e,  Feb,  21, 
persons  as  are  legally  authorized  for  that  purpose^  to  light  LiKhting  or  ex- 
or  extinguish  any  of  the  public  lamps  of  the  city  of  Balti- public  lamps, 
more  ;  and  every  person  violating  the  provisions  of  this  or- 
dinance shall  forfeit  and  pay  the  sum  of  five  dollars  for  each  Penalty. 
and  every  ofience  ;  to  be  recovered  as  other  penalties  for  vio- 
lating city  ordinances  are  recoverable. 

SUPERINTENDENTS  OF  LAMPS  AND  LAMPLIGHTERS. 

91.  There  shall  be  appointed  annually,  prior  to  the  first  no.  100, oct. 23, 

'78;  No.  21,8.1, 

of  March,  by  the  Mayor,  four  superintendents  of  lamps,  one  sept  is, '|i;  no. 
of  whom  shall  be  assigned  by  the  Mayor  for  the  eastern,  mid- 


1026 


Streets  and  City  Commissionek. 


Article  XL VII. — Ordinances. 


No.  4,  Feb.  16, 
'66 ;  No.  66,  May 
30,  '66;  No.  30, 
'66 ;  No.  1,  Dec. 
17, '62;  Res.  No. 
121,  Apr.  13, '69; 
Res.  No.  208,  Ju- 
ly 9, '69;  No.  17, 
Mar.  6,  '70 ;  No. 
64,  May  2,  '71 ; 
No.  22,  Apr.  8, 
'73 ;  No.  7,  Keb. 
19,  '74 ;  No.  43, 
June  14,  '74;  No. 

14,  Mar.  1,  '71; 
No.  42,  Apr.  21, 
'73;  No.  59,  June 

15,  '74 ;  No.  34, 
Mar.  23, '71;  No. 

16,  Apr.  4,  '73; 
No.  27,  Feb.  10, 
'70;  No.  1,  Dec. 
16,  '72;   No.  10, 
Jan.  23, '75;  No. 
19,  Feb.  15,  '75. 
Appointment  by 
Mayor. 
Duties. 
Mayor  to  ap- 
point lamp- 
lighters. 


die,  western  and  southern  districts  respectively,  and  who 
shall  superintend  the  lighting  and  cleaning  of  the  city 
lamps,  and  keeping  the  same  in  repair,  under  the  supervis- 
ion and  direction  of  the  G-eneral  Superintendent  of  Lamps 
and  Inspector  and  Sealer  of  Gas  Meters  ;*  and  the  Mayor 
shall  annually,  prior  to  the  first  of  March,  appoint  97  lamp- 
lighters, who  shall  be  assigned  by  the  superintendents  to 
their  respective  beats,  and  they  shall  light,  extinguish, 
attend  to,  and  clean  the  city  lamps  when  required,  and  it 
shall  be  the  duty  of  the  Greneral  Superintendent  of  Lamps 
to  prepare  and  have  printed  on  cards,  by  the  twentieth  of 
each  month,  the  hours  when  the  city  lamps  shall  be  lighted 
and  extinguished  for  the  ensuing  month,  one  of  which  cards 
shall  be  furnished  to  each  captain,  lieutenant  and  sergeant  of 
police,  and  to  the  superintendents  of  lamps,  and  it  shall  be  the 
duty  of  said  superintendents  to  instruct  the  lamp-lighters  as 
to  the  hours  when  they  shall  light  and  extinguish  the  lamps  ; 
the  captains,  lieutenants  and  sergeants  of  police  shall  report 


*  Gas. — See  Ordinance  No.  100,  Oct.  23, 1878,  entitled  An  ordinance  to 
change  the  title  of  the  Inspector  and  Sealer  of  Gas  Meters,  prescribing  addi- 
tional duties,  and  fixing  his  compensation.  This  ordinance  imposes  on  the 
General  Superintendent  of  Lamps  and  Inspector  and  Sealer  of  Gas  Meters 
the  duties  of  the  oflQce  of  Inspector  and  Sealer  of  Gas  Meters,  prescribed  by 
Article  XVIII,  p.  517,  &c.,  ante,  in  addition  to  other  duties  in  that 
connection.  The  Gas  Light  Company  of  Baltimore  was  incorporated 
by  Act  of  1816,  c.  251,  and  the  first  contract  made  with  the  company  for 
lighting  the  city  was  by  ordinance  of  June  17,  1816.  The  Act  of  incorpo- 
ration was  amended  by  Act  of  1860,  c.  195.  The  People's  Gas  Light  Com- 
pany of  Baltimore  City  was  incorporated  by  1860,  c.  291,  and  1870,  c.  52,  and 
the  Consumers'  Gas  Light  Company  by  1876,  c.  30,  also  under  the  general 
incorporation  law.  As  to  obligation  of  Gas  Company  to  supply  gas  to  indi- 
viduals, see  Gas  Co.  v.  Colliday,  25  Md.  1. 

In  City  Court,  Nov.  27, 1874,  held  by  Brown,  C.  J., — where  a  man  had  gas 
brought  to  his  stall  in  the  market  and  paid  the  gas  company  for  all  the  gas 
that  came  through  the  pipes ;  and  he  allowed  another  for  a  monthly  sum  to 
tap  the  pipes  and  use  the  gas  at  an  adjoining  stall ;  and  when  the  gas  was  not 
paid  for  he  shut  it  off  and  was  sued  by  the  renter — that,  as  the  contract  for 
payment  was  not  fulfilled  by  the  renter,  the  first  party  had  a  right  to  shut 
oflT  the  gas. 


I 


Stbeets  and  City  Commissioneb.  1027 

Article  XL VII. — Ordinances. 

to  the  Mayor  all  failures  to  light  and  extinguish  the  lamps  at 
the  proper  time  in  their  respective  beats,  and  in  all  cases 
where  the  lamps  shall  be  broken,  and  not  promptly  repaired, 
the  Mayor  shall  have  power  to  suspend  or  remove  for  neglect 
of  duty,  as  in  his  judgment  the  case  may  require ;  and  the 
said  superintendents  of  lamps  shall  report  to  the  said  General 
Superintendent  at  such  times  as  he  may  require,  the  condi- 
tion of  the  lamps  and  the  transactions  of  the  lamplighters. 

92.  The  General  Superintendent  of  Lamps  is  authorized  Res.  no.  212, 

.  Oct.  22,  »64. 

to  have  the  street  or  public  lamps  lighted  each  and  every  ught  on  sun- 
Sunday  night  for  such  number  of  hours  as  he  may  deem 
necessary  to  light  the  city. 

93.  The  salary  of  the  superintendents  of  lamps  shall  be  no.  13,  Mar.  10, 

•/•IT  '64;  No.ei.May 

ten  dollars  per  week,  and  the  compensation  01  the  lamp-  26,  »?;  no.  16, 

I  '  r  r     Feb.  28, '71;  No. 

lighters  shall  be  eight  dollars  per  week.  ^'  ^*'"-  ^^'  '"• 

°  o  ^  Lamplighters' 

salary. 

PERMITS. 

94.  No  carter  or  other  person  shall  dig,  remove  or  carry  no.  33,8. 21,  r. 
away  from  or  out  of  any  of  the  unpaved  streets,  lanes  or  Earth,  stc.  not 
alleys  of  the  city,  any  dirt,  earth,  sand  or  gravel,  without  a  from  unpaved 

•IT  i!  11  11-        i/»  Streets  without 

special  license  first  had  and  obtained  from  the  City  Commis-  permission, 
sioner,  with  the  approbation  of  the  Mayor,  for  that  purpose, 
specifying  the  time  when  and  place  from  which  the  same  is 
to  be  removed,  under  the  penalty  of  one  dollar  for  every  load  penalty. 
of  dirt,  earth,  sand  or  gravel  so  removed. 

95.  No  person  or  persons  shall  make,  dig  or  throw  up  ibid,  8.22. 
any  drain,  trench,  gully,  gutter  or  canal,  in,  through,  along  Ditches, &c.. 
or  across  any  of  the  streets,  lanes  or  alleys  of  the  city,  with-  Tn'ia^es  or^ai^- 

,  .    ,   , .  .  leys  without 

out  a  special  license  or  permission  in  writing  for  that  pur-  permission, 
pose  first  had  and  obtained  from  the  City  Commissioner, 
specifying  the  time  when  and  place  where  the  same  is  to  be 
done,  and  such  conditions  as  he  mav  think  necessary,  under 


1028  Stkebts  and  City  Commissioner. 

Article  XL VII. — Ordinances. 

Penalty.  a  penalty  of  ten  dollars,  if  the  same  shall  not  he  done  in 

strict  accordance  with  said  permission,  and  the  street,  lane 
or  alley  kept  in  good  repair  as  therein  required,  and  the  like 
sum  weekly  until  the  same  he  removed,  or  permission  re- 
ceived and  complied  with  as  ahove  required. 

VAULTS,  AREAS  AND  CELLARS. 

No.  14,  s.  i,R.  96.  The  City  Commissioner  shall  have  power,  with  the 
cityCommis-  approbation  of  the  Mayor,  to  give  permission  to  construct 
permission  to    any  vault  or  area  in  the  streets  ;  provided,  in  his  opinion  no 

construct.  ...  ?    r  7  r 

Proviso.  injury  will  be  done  to  the  public  thereby. 

ibid.s.  2.  .  97.  No  person  shall  cause  or  procure  any  vault  or  area  to 
penaityforcon.be  constructed  or  made  in  any  of  the  streets,  lanes  or  alleys 

structing  with-      „     .  .  .   . 

out  written  per- of  the  City,  without  the  Written  permission  of  the  City  Com- 
mission. •'  '  r  •/ 

missioner,  approved  by  the  Mayor,  under  the  penalty  of 
twenty  dollars,  and  ten  dollars  for  each  and  every  day  the 
same  shall  remain. 

Ibid,  s.  3.  98.     Every  application  for  permission  to  erect  such  vault 

Application,      or  area  shall  be  in  writing,  signed  by  the  person  making 

bow  to  be  made 

the  same,  and  shall  state  the  number  of  square  feet  of  ground 
which  is  required  for  the  same,  and  the  intended  width  and 
length  of  the  same. 

Ibid, 8. 4.  99.     After  obtaining  permission  to  construct  or  make  such 

Payment  to       vault  or  area,  and  previous  to  the  commencement  thereof, 

egiB  er.         ^^^  person  so  applying  shall  forthwith  pay  to  the  Kegister  of 

the  City  the  sum  of  twenty  cents  for  each  square  foot  of 

ground  mentioned  as  required  for  such  vault  or  area,  under 

a  penalty  of  twenty  dollars. 

Ibid,  8. 5,  too.     If  it  shall  appear,  by  such  certificate  or  otherwise,  that 

Penalty  when  such  vault  Or  area  occupies  a  greater  number  of  square  feet 
feet  exceeds  the  than  shall  have  been  paid  for  as  aforesaid,  the  owner  of  such 

numberpaidfor  _ 

vault  or  area,  and  the  master  builder  by  whom  or  under  whose 


StBBBTS   AMD   CiTT    COMMISSIONER.  1029 

Article  XLVII. — Ordinances. 

direction  such  vault  or  area  shall  be  constructed,  shall,  in  ad- 
dition to  the  penalty  imposed  by  section  97,  severally  and 
respectively  forfeit  and  pay  the  sura  of  fifty  cents  for  each  square 
foot  of  ground  occupied  by  said  vault  or  area  over  and  above 
the  number  of  square  feet  paid  for  as  aforesaid. 

101.        All  vaults  and  areas  shall  be  completed  and   theiwd.s.  6. 
ground  closed  over  them  within  three  weeks  after  they  are  com-  to  be  compie- 

°  •'  ted  within  three 

raenced,  under  the  penalty  of  five  dollars  for  every  day  there-  weeks, 
after  during  which   the  same  shall   remain  unclosed,  to  be 
recovered  from  the  owner  or  builder  of  the  same,  severally  and 
respectively,  unless  the  Mayor  extends  the  time  for  the  com-  proviso, 
pletion  of  the  same,  which  he  is  hereby  authorized  to  do  in  cases 
where  he  may  deem  the  same  necessary  and  expedient. 

102.-  No  area  in  front  of  any  building  in  the  city  shall  ex-  ibid,8.7. 
tend  more  than  one-fifteenth  part  of  the  width  of  any  street,  Extent  of  areav 
nor  in  any  case  more  than  four  feet  and  four  inches,  measuring 
from  the  inner  wall  of  such  area  to  the  building ;  nor  shall  the 
railing  of  such  area  be  placed  more  than  six  inches  from  the 
inside  of  the  coping  on  the  wall  of  such  area,  and  no  vault 
shall  extend  to  a  greater  distance  than  two-fifths  of  the  width 
of  any  street,  measuring  from  the  building  line,  under  the 
penalty  of  twenty  dollars,  to  be  recovered  from  the  owner  and 
builder  thereof,  severally  and  respectively. 

103.     Every  area  shall  be  enclosed  with  a  railing,  the  gates  iwd,  s.  8. 
of  which  shall  be  so  constructed  as  to  open  inwardly,  under  Areas  to  be  en- 

closed. 

the  penalty  of  twenty  dollars  for  each  oflence,  to  be  recovered 
from  the  owner  and  builder  thereof,  severally  and  respectively  ; 
provided,  however,  that  nothing  in  this  ordinance  shall  be  so  proviso, 
construed  as  to  prevent  any  person  or  persons  from  using  the 
footways  for  ingress  and  egress  by  means  of  an  area  into  the 
basement  of  any  building.* 

*  An  area  intended  to  furnish  light  to  the  basement  of  a  house,  opened  in 
the  pavement  of  a  public  street  in  a  populous  city,  is  a. public  nuisance  of  a 


1030 


Streets  and  Oitt  Commissionee. 


Article  XL VII. — Ordinances. 


Ibid,  8. 9.  104.     Every  description  of  opening  below  the  surface  of  the 

What  consti-     street,  in  front  of   any  shop,  store,  house  or  other  building, 

tutes  vaults  and 

areas.  whether  covered  or  open,  except  cellar  doorways  and  cellar  steps, 

shall  be  considered  and  held  to  be  a  vault  or  area  within  the 
meaning  of  this  ordinance. 


Ibid,  B.  10. 

Entrances  to 
cellars  to  be 
covered  when 
not  in  use. 


Penalty. 


105.  All  entrances  to  the  cellars  or  basements  of  any  store 
or  dwelling  house,  in  any  street,  lane  or  alley  of  the  city,  which 
have  steps  descending  below  the  level  of  the  sidewalk,  shall  be 
covered  when  not  in  actual  use  with  good  and  sufficient  iron 
or  wooden  doors  or  grates,  on  or  above  the  level  of  the  sidewalk, 
or  be  surrounded  with  good  and  sufficient  wood  or  iron  railings, 
of  a  height  sufficient  to  prevent  danger  to  the  lives  or  limbs  of 
persons  who  may  be  passing  along  said  street,  lane  or  alley,  and 
any  person  violating  this  section  shall  pay  a  fine  of  ten  dol- 
lars for  each  and  every  offence,  and  a  further  fine  of  five 
dollars  for  every  ten  days  such  entrance  shall  remain  with- 
out such  door  or  railing,  after  the  first  conviction. 

106.  All  cellar  doors  shall  have  the  cheeks  thereof  re- 
gulated, so  that  they  shall  not  have  a  greater  descent  of 
grade  than  one  inch  and  a  half  for  each  foot  in  length,  ex- 
tending from  the  house  or  building  ;  and  if  any  person  shall 
refuse  or  neglect  to  conform  thereto,  he  shall  forfeit  and  pay 
the  sum  of  five  dollars,  and  one  dollar  for  every  day  there- 
after, until  the  aforesaid  regulation  is  conformed  to. 


Ibid,  s.  12.  107.     It  shall  be  the  duty  of  the  police  officers  to  give  in- 

Duty  of  police,  formation  to  the  Mayor  and  City  Commissioner,  whenever 
any  vault  or  area  is  being  constructed  in  any  of  the  streets 
of  the  city,  within  their  respective  districts. 


Ibid.  8. 11. 

Cellar  doors, 
how  to  be  con- 
structed. 


dangerous  character,  which  the  owner  of  the  house  when  it  was  erected,  and 
all  subsequent  purchasers,  are  bound  to  render  secure.  Irwin  v.  Sprigg,  6  Gill, 
200. 


Stbeets  and  City  Commissioner.  1031 

Article  XLVn. — Ordinances. 

1 08.  All  such  vaults  shall  be  constructed  of  stone  or  brick,  iwa, ».  13. 
agreeably  to  the  directions  of  the  City  Commissioner,  under  vaults,  how  to 

be  covered . 

the  penalty  of  twenty  dollars  for  each  and  every  offence,  and 
the  i'urther  penalty  of  twenty  dollars  during  each  and  every  Penalty, 
month,  until  the  same  shall  be  constructed  according  to  the 
provisions  of  this  ordinance,  to  be  paid  by  the  person  or  per- 
sons who  may  cause  or  direct  the  same  to  be  constructed. 

109.  The  iron  grates  which  shall  be  used  to  cover  the  iwd,  s.  u. 
apertures  of  vaults  which  are  placed  on  the  footways  in  the  Apertures  of 

.  vaults,  how  to 

several  streets,  lanes  or  alleys  of  the  city,  shall  be  sunk  not  be  covered, 
less  than  three  inches  below  the  surface  of  said  foot  pave- 
ments, and  the  same  shall  be  securely  covered  by  a  wooden 
or  stone  frame,  which  shall  be  level  with  the  surface  of  the 
said  foot  pavement,  so  as  not  to  create  any  obstruction  to 
walking  or  other  proper  use  of  said  footways  ;  and  the  said 
grates,  so  covered  with  wood  or  stone  as  aforesaid,  shall  be 
so  constructed  as  to  be  fastened  inwardly,  and  the  wooden  or 
stone  frame  or  covering  securely  fastened  to  the  iron  grates, 
so  that  the  same  may  not  come  apart ;  and  if  any  owner  or 
occupier  of  property  shall  hereafter  cause  or  permit  any  grate 
to  be  placed  upon  the  foot  pavement  attached  to  his  or  her 
premises  not  constructed  conformably  to  the  provisions  of  this 
section,  he,  she  or  they  shall  incur  a  penalty  often  dollars.  Penalty, 
and  one  dollar  for  each  day  it  shall  remain  after  notice  given 
by  the  City  Commissioner  to  alter,  change  or  remove  the 
same  ;  provided,  that  the  provisions  of  this  section  shall  only  Proviso, 
apply  to  openings  to  vaults  which  project  or  are  placed  more 
than  three  feet  from  the  building  line  of  any  street. 

110.  The  owner  or  occupant  of  any  house  or  lot  before  ibid,  s.  15. 
which  any  vault  or  opening  for  cellar  doors^  areas  or  steps  precautions 

while  con- 

is  being  constructed,  shall  fence  off  the  pavement  on  the  stracting. 
right  and  left  of  the  improvement,  and  during  the  whole  of 
every  night  whilst  such  vault  or  opening  is  uncovered  or  un- 


1032 


Stbeets  and  City  Commissioner. 


Article  XL VII. — Ordinances. 


Lighted  lamp. 


Ibid,  s.  16. 

Removal  of  cov- 
ering. 


Penalty. 


No.  33,  s.  3,  R. 
O. 

Penalty  for 
firing  guns,  &c. 


Exception. 


Ibid,  8.  4. 

Coal  and 
troughs  in 
streets  prohib- 
ited. 


Penalty. 


Ibid,  s.  5. 

Firewood  in 
streets,  &c,, 
regulated. 


enclosed,  cause  a  lighted  lamp  or  lantern  to  be  placed  at 
some  convenient  spot,  so  as  to  cast  its  light  upon  such  vault 
or  openings  under  the  penalty  of  five  dollars  for  each  and 
every  night,  or  part  of  a  night,  during  which  such  lamp  or 
lantern  shall  be  neglected  to  be  placed,  kept  or  lighted  as 
aforesaid, 

111.  No  person  shall  remove  or  cause  to  be  removed  any 
grate  or  covering  to  the  opening  or  aperture  of  any  vault  in 
any  of  the  streets  of  the  city,  without  enclosing  such  aper- 
ture during  the  time  such  grate  or  covering  is  removed  with 
a  strong  box  or  kerb,  at  least  twelve  inches  high,  and  firmly 
securing  the  same,  under  a  penalty  of  ten  dollars  for  each 

and  every  offence. 

REGULATIONS. 

112.  If  any  person  shall  fire  or  discharge  any  gun,  pistol 
or  firearms  within  the  city,  unless  it  be  on  some  occasion  of 
military  parade,  and  then  by  order  of  some  officer  having 
the  command,  every  such  person  for  every  such  ofience  shall 
forfeit  and  pay  a  sum  not  exceeding  five  dollars  ;  and  if  any 
gun,  pistol  or  firearms  shall  be  discharged  Irom  oh  board 
any  vessel  within  the  harbor  of  Baltimore,  the  captain  of 
the  vessel,  as  well  as  the  ofiender,  shall  be  liable  to  the  said 
penalty. 

113.  Every  person  who  shall  put  or  place  any  coals,  or 
any  trough  for  watering  or  feeding  horses,  cattle  or  other 
animals,  or  cause  the  same  to  be  done  in  any  public  square, 
place,  street,  lane  or  alley  of  the  city,  and  shall  not  remove 
the  same  on  the  same  day  before  sunset,  shall  forfeit  and 
pay  the  sum  of  one  dollar  for  each  offence,  and  the  further 
sum  of  one  dollar  for  each  and  every  subsequent  day  the 
same  shall  remain  therein. 

114.  Firewood  may  remain  in  any  public  square,  street, 
lane  or  alley  in  the  city  for  the  space  of  forty-eight  hours 
next  ensuing  the  putting  or  placing  the  same  therein,  and 


J 


Stbeets  and  City  Commissioneb.  1033 

Article  XLVII. — Ordinances. 

no  longer,  and  every  person  who  shall  put  and  place  any 
firewood  in  any  such  public  square,  place,  street,  lane  or 
alley,  or  cause  the  same  to  be  done,  or  sufier  the  same  to  re- 
main therein  for  a  longer  space  of  time  than  is  above  speci- 
fied in  this  section,  shall  forfeit  and  pay  the  sum  of  one 
dollar  for  such  ofiience,  and  a  further  sum  of  one  dollar  for 
each  and  every  day  the  same  shall  remain  therein  beyond 
said  space  of  forty-eight  hours, 

115.  If  any  person  or  persons  shall  place  or  cause  to  be  iwd.s.  e. 
placed  in  any  street,  lane  or  alley  in  the  city  any  barrel,  Barrels,  hogs- 

,  heads,  be. 

hogshead,  box,  crate  or  other  package,  and  shall  sufier  the 
same  to  remain  for  a  longer  time  than  twelve  hours,  or  in 
any  instance  after  nine  o'clock  in  the  evening,  every  person 
so  offending  shall  forfeit  and  pay  one  dollar,  and  the  further 
sum  of  one  dollar  for  every  day  the  same  shall  be  suiFered 
to  remain,  and  in  no  case  shall  any  person  be  permitted  to 
use  more  space  than  one-half  of  the  foot  pavement  by  plac-  Not  more  than 

1/'  ons-half  of  foot- 
ing the  above  named  articles  thereupon,  under  a  penalty  of  ^ay  to  be  used. 

one  dollar  for  each  and  every  offence. 

116.  No  person  or  persons  shall  in  any  manner  obstruct  iwd,  s.  7. 
any  of  the  streets,  lanes  or  alleys  of  the  city,  or  the  gutters  when  streets 

1  /.  .  ,         .  1 .  /.  .  .         may  be  ob- 

thereoi,  except  in  the  immediate  act  oi  moving  or  removing  stmcted. 
some  article  in  the  way  of  their  trade  or  business,  or  for  the 
use  of  their  families ;  provided,  that  such  articles  as  are  to  be 
inspected  or  gauged  under  ordinances  or  statutes  may  be  placed  Goods  aabie  to 
on  the  footways ;  such  articles,  however,  to  be  arranged  so  as  uiated. 
not  to  obstruct  the  passage  through  the  streets  or  over  the 
footways  from  the  stone  pavement  1o  any  house,  store,  cellar  or 
backyard,  or  from  any  house,  store,  cellar  or  backyard  to  the 
stone  pavement,  without  the  consent  of  the  owner  or  occu- 
pier ;  every  person  so  offending  shall  forfeit  and  pay  the  sum 
of  one  dollar. 

117.  Any  person  or  persons  who  shall  place  or  set  any  no.  es.oct.  12, 
goods,  wares,  merchandise,  or  vegetables  or  fruit,  by  way  of 


1034  Streets  and  City  Commissionee. 

Article  XL VII. — Ordinances. 
Goods,  fcc,  not  exposing  the  same  to  sale,  so  as  to  project  a  distance  of  more 

to  project  more  /•  <»  i 

than  three  feet,  than  three  fcet  from  his  or  her  house  or  store,  shall  forfeit  and 

Penalty.  pay  a  fine  of  five  dollars  for  each  and  every  such  ofience,  to  be 

recovered  as  other  corporation  fines  and  penalties  are  recovered. 

No.  33,  3.8,  R.      118.     No  person  shall  wheel  any  wheelbarrow,  or  draw  or 
Wheelbarrows,  push  a  hand  cart  along  any  of  the  footways  of  the  streets, 

&c,  on  footways 

prohibited.       lanes  Or  alleys  of  the  city,  or  place  one  on  the  satue,  under  the 
Proviso.  penalty  of  one  dollar ;  provided,  that  nothing  in  this  clause 

shall  be  construed  to  prevent  any  person  from  using  a  wheel- 
barrow or  hand  cart  in  removing  any  articles  of  merchandise, 
or  materials  necessary  for  building  or  family  use,  across  the 
said  footways. 

Ibid,  8. 35.  119.     If  any  person  or  persons  shall  place  or  cause  to  be 

Lumber,  &c.,  in  placcd  within  the  streets,  lanes  or  alleys  of  the  city,  any  dirt, 
ted.  lumber  or  other   obstructions  to  the  free   egress  or  ingress 

through  such  street,  lane  or  alley,  and  shall  permit  the  same 
Notice  from      to  remain  more  than  twenty-four  hours  after  being  notified  by 

CityCommis-        ,        ,^.  .      . 

sioner  or  police  the  City  Commissioner  or  any  of  the  police  officers  to  remove 
penalty.  the  Same,  he,  she  or  they  shall  be  subject  to  a  fine  of  five 

dollars  for  each  day  it  shall  so  remain  ;  and  the  City  Commis- 
sioner is  hereby  authorized  and  empowered  to  remove,  or 
cause  to  be  removed,  all  manner  of  obstructions  to  the  pas- 
sage through  the  streets,  lanes  or  alleys  which  he  shall  find 
remaining  in  the  same  an  unnecessary  length  of  time';  and  all 
expenses  incurred  shall  be  chargeable  to  the  person  or  persons 
who  shall  violate  the  provisions  of  this  section. 

Ibid,  B.  15.  120.     If  any  person  shall  cause  any  horse,  mare  or  gelding 

Horses  not  to     to  Stand  in  any  of  the  streets,  lanes  or  alleys  within  the  limits 

beshod,  or  fires  .  "^  '' 

made  in  streets,  of  direct  taxation,  whilst  he  is  shoeing  or  preparing  to  shoe 

such  horse,  mare  or  gelding,  or  shall  make  any  fire  iu  any 

Penalty.  Street,  lane  or  alley,  every  such  person  shall  forfeit  and  pay  a 

Proviso.  sum  not  exceeding  five  dollars ;  provided,  that  it  shall  and 

may  be  lawful  for  any  person  to  kindle  and  use  a  fire  made  of 


Streets  and  City  Commissioneb.  1035 

Article  XLVII. — Ordinances. 
charcoal  or  coke  on  any  street,  lane  or  alley  in  the  city,  for  when  fires  ai- 

f  •  1  1        '  '     1  lowed. 

the  purpose  of  preparing  any  article  to  be  used  in  the  con- 
strnction  of  any  house,  cellar  or  pavement,  if  not  more  than 
one-fourth  of  the  width  of  the  street,  lane  or  alley  in  front  of 
the  property  to  be  improved  be  occupied,  and  for  no  longer 
time  than  six  days  at  any  one  place ;  and  provided  further, 
that  the  consent  of  the  persons  occupying  all  the  property  on 
the  square  on  which  the  improvement  is  to  be  made,  be  first 
filed  in  the  office  of  the  City  Commissioner. 

121.  Permission  is  hereby  granted  to  all  persons  in  the  no.  si.Jmneo, 
city  of  Baltimore  to  erect  hitching  posts  in  front  of  their  Hitcwnc  post*, 
dwellings  or  places  of  business,  except  on  Baltimore  street, 

said  posts  to  be  removed  after  sixty  days'  notice  from  the 
Mayor. 

122.  If  any  person  or  persons  shall  wilfully  break,  pull  no.  u,  •.  19,  r. 
down,  hurt  or  destroy  any  tree  or  trees,  or  enclosure  around  Penalty  for  la- 
the same,  which  are  now  or  may  hereafter  be  planted  near  streets,  &c. 
the  kerb  or  gutter  of  any  of  the  streets,  lanes  or  alleys  of  the 

city,  or  in  any  other  public  grounds  within  the  city,  such 
person  or  persons  so  offending  shall  forfeit  and  pay  five  dol- 
lars for  every  such  offence ;  provided  always,  that  nothing  proviso, 
herein  contained  shall  be  so  construed  as  to  prevent  the  City 
Commissioner  from  removing    any  tree   or  trees,   or  part  Removal  of 
thereof,  which  he  may  deem  so  situated  as  to  obstruct  the  commissioner, 
carriage  or  footways,  or  injure  any  of  the  public  pumps,  or 
any  proprietor  of  a  lot  or  lots  from  cutting  down  any  tree  or 
trees  near  the  gutter  in  front  of  his  or  her  lot  or  lots. 

123.  If  any  person  or  persons  shall  kill,  or  attempt  to  kill,  N0.16,  Apr.  14, 
or  in  any  manner  injure  or  molest  any  sparrows,  robins,  wrens,  sparrows,  rob- 
or  other  small  insectivorous  birds,  on  any  of  the  streets,  protected.* 
lanes  or  alleys  or  public  squares  or  parks  in  the  city  of  Balti- 
more, or  shall  destroy  or  remove,  or  attempt  to  destroy  or  Bird  boxes, 
remove,  any  box  or  boxes  placed  in  any  tree  or  other  suit- 


1036 


Stkeets  and  City  Commissioner. 


Article  XLVII.— Ordinances. 


able  place  in  the  city  of  Baltimore  for  the  use  of  such  birds, 
such  person  or  persons,  and  any  person  or  persons  aiding  or 
abetting  them,  shall  severally  forfeit  and  pay  for  each  and 
every  oifence  the  sum  of  five  dollars. 


Penalty. 


No.  33,  s.  II,  R 

O. 

Water  from 

gutters  not  to 

be  thrown  on 

streets. 


Ibid,  s.  31. 

Snow  to  be  re- 
moyed  from 
footwayi. 


Exception. 


Penalty. 


124  No  person  or  persons  shall  cast  water  contained  in 
the  gutter  or  gutters  of  any  street,  avenue,  lane  or  alley, 
upon  the  bed  or  paved  portion  of  such  street,  avenue,  lane 
or  alley,  by  means  of  a  scoop,  shovel,  watering-pot,  or  by 
any  other  means  or  contrivance  whatsoever,  and  any  person 
or  persons  who  shall  violate  the  provisions  of  this  section 
shall  forfeit  and  pay  the  sum  of  five  dollars  for  each  and 
every  offence ;  provided,  that  no  portion  of  this  section  shall 
in  any  way  impair  the  privileges  accorded  to  builders  in 
sections  14  and  15  of  Article  VII,  [p.  113,  &c.,  ante.] 

125.  It  shall  be  the  duty  of  each  and  every  person,  in- 
corporated society  or  public  institution  using  or  occupying 
in  any  manner,  or  for  any  purpose  whatsoever,  any  house, 
store,  shop,  stable  or  tenement  of  any  kind,  and  of  persons 
having  charge  of  churches  and  public  buildings  of  every 
description,  and  of  owners  of  unoccupied  houses  and  unim- 
proved lots,  situate  on  any  paved  street,  lane  or  alley  in  the 
city,  within  three  hours  after  the  fall  of  any  snow,  (except 
the  snow  shall  have  ceased  to  fall  between  the  hours  of  three 
o'clock  in  the  afternoon  and  six  in  the  morning,  in  which 
case  it  shall  be  removed  before  eleven  o'clock  in  the  morn- 
ing,) to  remove  and  clear  awa)^  or  cause  to  be  removed  and 
cleared  away,  the  same  from  the  foot  pavements  fronting  the 
respective  houses,  stores,  shops,  stables,  churches,  buildings 
or  lots,  so  used,  occupied  or  owned  by  them,  or  under  their 
charge,  in  such  manner  as  not  to  obstruct  the  passage  of  the 
water  in  the  gutters,  under  a  penalty  of  two  dollars  for  every 
neglect,  beside  the  expense  of  cleaning  the  same  away, 
under  the  dijpection  of  the  police  officers  in  the  mode  pro- 


Streets  and  City  Commissioner.  1037 

Article  XLYTI. — Ordinances. 

vided  in    section   127.      And  it  shall   further  he  the  duty 
of  the  said  persons  and  agents  to  keep  the  gutter  or  gut- 
ters leading  to  and  the  pavements  or  sidewalks  situate  in 
front,  rear,  or  sides  of  such  tenements  above  enumerated, 
free  from  ice  and  every  obstruction  of  whatever  nature  ;  and  ice. 
every  such  owner,  tenant  or  person  having  in  charge,  who 
shall  fail  to  remove  any  such  obstruction  by  ice  or  any  other 
cause,  for  three  hours  after  notification  duly  served  on  him,  Notice, 
her  or  them  by  any  police  officer  of  the  district,  shall  forfeit 
and  pay  two  dollars  for  such  failure,  and  one  dollar  addi-  penalty, 
tional  for  each  and  every  day  the  obstruction  may  continue, 
such  fines  and  forfeitures  to  be  recoverable  as  is  usual  in 
similar  cases.* 

*  See  sec.  108,  p.  417,  ante.  Nuisances :  Held,  before  the  estaUisIiinerU  of 
the  Board  of  Police,  that  the  effect  of  the  provision  requiring  tiie  city  "  to 
prevent  and  remove  nuisances,"  (sec.  1,  p.  376,  ante,)  is  to  make  the  city, 
like  individuals  and  private  corporations  at  common  law,  responsible  for 
causing  or  not  removing  nuisances,  to  any  person  who  has  received  special 
damages  therefrom ;  and  tliat  the  passage  of  ordinances  providing  for  the 
removal  of  snow  and  ice  from  the  streets,  so  as  to  prevent  their  accumula- 
tion from  being  a  nuisance,  was  not  a  discharge  of  the  obligation  imposed 
by  the  charter ;  that  the  city  was  bound  to  make  vigorous  efforts  to  enforce 
such  ordinances,  in  order  to  bring  itself  within  the  saving  of  having  used 
reasonable  care  and  diligence,  and  where  a  party  sustained  an  inconvenience 
or  injury,  experienced  in  common  with  all  citizens,  then  the  source  of  com- 
plaint is  a  common  nuisance,  and  the  remedy  must  be  by  indictment.  An 
accumulation  of  ice  on  the  footway  of  a  city  is  a  common  nuisance.  Mayor, 
&C:  V.  Mariott,  9  Md.  160.  (hoings  v.  Jones,  Ibid,  108*  See  notes,  pp.  622, 
711,  ante,  and  under  Water,  Art.  LIII. 

Mrs.  Flynn,  while  walking  with  ordinary  care,  slipped  and  fell  upon  the 
ice  covering  the  pavement  of  a  public  street  in  the  city  of  Baltimore,  in 
front  of  the  premises  occupied  by  the  Canton  Company.  Snow  having 
been  allowed  to  accumulate  on  the  pavement,  was  melted  by  the  sun,  and 
the  water  thus  formed  was  frozen  the  night  before  the  accident.  Mrs.  F. 
could  not  see  the  ice  because  of  a  slight  covering  of  snow,  which  had  fallen 
during  the  night.  Suit  was  brought  to  recover  damages  for  the  injuries 
sustained  in  consequence  of  the  fall.  The  action  was  brought  on  the  neg- 
lect of  the  Canton  Co.  to  comply  with  the  ordinance  of  the  city  with  regard 
to  clearing  pavements  of  ice  and  snow,  (being  sec.  125  above.)  Held :  That 
the  action  would  not  lie ;  that  the  neglect  of  the  Canton  Co.  to  perform  the 


1038  StEEETS   AND    CiTY    COMMISSIONER. 

Article  XL VII. — Ordinances. 

No.  10,  Feb.  27,      126.     No   person    or  persons,   or   corporations,  shall  cast, 
No  salt  to  be     throw,  Sprinkle  or  place  salt  or  any  other  saline  substance 

used  to  melt  ice 

or  snow.  upon  any  pavement,  street,  lane,  alley  or  car  track  whatever 

within  the  corporate  limits  of  the  city  of  Baltimore,  for  the 
purpose  of  removing  or  melting  ice  or  suow,  under  a  penalty 

Penalty.  of  not  Icss  than  fifty  dollars,  nor  more  than  one  hundred  dol- 

lars, for  each  square  or  part  of  square  upon  which  salt  or  any 
other  saline  substance  may  be  cast,  thrown,  sprinkled  or  placed, 
said  fine  or  fines  to  be  collected  as  other  corporation  fines  and 
penalties  are  collected. 

Ibid, «.  32.  127-     It  shall  be  the  duty  of  the  police  officers  to  cause  the 

Duty  of  police    SUOW  and  ico  to  be  removed  by  the  persons  employed  for  the 

with  respect  to  /.i.i  '/»  ^       i-  •    ^      ^     •  t 

snow,  ice,  &c.  purposc  of  cleaning  the  streets,  irom  the  footways  oi  the  bridges 
within  the  city,  and  from  the  flagstones  placed  at  the  several 
intersections  of  the  streets,  as  also  to  remove  the  ice  and 
other  obstructions  to  the  free  passage  of  the  water  at  the 
intersections  of  the  several  streets  of  the  city,  and  to  cause 
the  snow  and  ice  to  be  removed  from  the  foot  pavements 
fronting  the  houses,  stores,  stables,  churches,  public  buildings, 
lots  or  tenements  of  such  persons  as  shall  neglect  or  refuse 
to  remove  the  same,  at  the  expense  of  the  city  in  the  first 
instance,  to  be  afterwards  recovered  from  the  person  or  per- 
sons so  neglecting  or  refusing. 


duty  or  service  imposed  on  them  by  the  ordinance  did  not  render  them 
liable  to  a  private  action ;  that  the  only  liability  resting  on  them  was  that 
imposed  by  the  ordinance  itself,  namely,  the  prescribed  fine  or  penalty  for 
each  ofi'ence,  and  the  cost  of  removal,  in  every  instance  of  their  refusal  or 
neglect,    Flynn  v.  Canton  Co.,  40  Md.  312. 

While  recognizing  the  well  settled  principle  that  whenever  a  party  causes, 
constructs  or  creates  a  nuisance  or  obstruction  in  a  public  street  or  highway, 
he  is  responsible  in  damages  to  any  one  who  has  received  special  injury  in 
consequence  thereof,  the  Court  considered  that  in  this  case  the  nuisance,  if 
such  it  were,  was  not  caused  or  created  by  the  act  of  the  party  sued.  The 
ice,  the  occasion  of  the  injury,  was  not  on  the  property  of  the  Canton  Co., 
nor  was  it  placed  on  the  pavement  through  the  slightest  instrumentality  or 
agency  on  their  part;  it  was  formed  solely  and  exclusively  by  the  action  of 
the  elements.    Ibid. 


Stbeets  and  City  Commissioner.  1039 

Article  XL VII. — Ordinances. 

128.  It  shall  not  be  lawful  for  any  person  to  throw  any  N"- 2a,  mm.  7, 
bale  or  bulky  article  from   the   second  or  higher  story  door  Bales  or  bulky 

•^  O  J  articles  riot  to 

or  window  into  the  street,  or  to  use,  or  cause  to  be  used,  in  ^^in^^o^"^"*  ^"^"^ 

or  upon  any  street,  lane  or  alley,  wharf  or  place  of  public 

resort,  any  sliding  board,  skid,  or  other  device  or  contrivance,  suding  boards, 

skids,  &c. 

for  the  purpose  of  receiving  or  delivering  merchandise,  with- 
out having  the  same  well  secured,  so  as  to  prevent  the  same 
from  slipping ;  and  every  person  who  shall  offend  in  man- 
ner aforesaid  shall  pay  for  every  such  offence  the  sum  of  penalty, 
twenty  dollars ;  provided,  that  this  section  shall  not  be  con-  proviso, 
strued  to  extend  to  the  removing  of  any  merchandise  or 
other  article  in  case  of  danger  by  fire  or  other  casualty. 

129.  It   shall    not    be    lawful    for  any  person  to  play  at  No.as.s.  si.a. 
bandy  or  ball,  to  fly  a  kite,  or  throw  a  stone  or  any  other  pinaity  for 

.  .       .  playing  bandy, 

missile  in  that    part   of  the    city    comprehended  within  the  flying  Sites,  &c. 
limits  of  direct  taxation,  or  any  street,  lane  or  alley  opened 
for  public  use  within  the  limits  of  the  city,  under  a  penalty 
of  one  dollar  for  each  offence. 

130.  It  shall  not  be  lawful  for  any  political  organization  No.  86,  M»y.  12, 
to  parade  through  the  streets  of  the  city  of  Baltimore  after  political  organ- 
dark.     Any  person  or  persons  violating  the  provisions  ot  this  parade  after 
section  shall  be  guilty  of  misdemeanor,  and  liable  to  a  pen- 
alty of  not  less  than  five  nor  more  than  twenty-five  dollars,  penalty. 


DRIVING  CATTLE,  SHEEP  OR  SWINE  THROUGH  STREETS. 

131.  It  shall  not  be  lawful  for  any  person  to  drive  any  no.  25,  Apr.  at, 
cattle,  hogs  or  sheep  through  Saratoga,  Mulberry  or  Frank-  Hours  when 

'  ^  r  &  &    '  J  pottle  may  be 

lin    streets,  from    Poppleton    street  to  Charles  street,  except  driyen  through 

'  rr  '  r     certain  streets. 

between  the  hours  of  9  P.  M.  and  5  A.  M. 

132.  Nor  eastwardly  or  westwardly  in  Baltimore    street,  no.  33,  s.  se,  r. 
between  Fremont  and  Eden  streets.  streets. 


1040  Streets  and  City  Commissioner. 

Article  XL VII. — Ordinances. 

No.  49,  Apr  22,      133.     Nor  eastwardly  or  west wardly  along  Lexington  street, 
streets.  between  Eutaw  and  Charles,  or  eastwardly  or  westwardly  on 

Fayette,  between  Green  and  Gay  streets,  except  between  the 

hours  of  9  P.  M.  and  5  A.  M. 

No.  122,  Nov. 5,      134.      Nor    alone;  Madison  avenue  or  Madison  street,  ex- 

'74. 

streets.  copt  between  the  hours  of  9  P.  M.  and  5  A.  M. 

No.  25,  Apr.  21,      135.     Any  person  who  shall  violate  any  of  the  provisions 
Penalty.  of  the  preceding  four  sections  shall  be  subject  to  a  penalty  of 

twenty  dollars  for  each  and  every  offence. 

No.  64,  Oct.  e,        136.     It  shall  not  be  lawful  for  any  person  or  persons  own- 
swinenotper-  ing  or  driving   any  hogs  through  or  in  any   of   the   streets, 

mitted  to  lie  «       i  •  •  •m> 

down  in  streets,  lancs  or  alleys  of  this  City,  wilfully  to  permit  the  same  to 
stop  or  lie  down  therein  ;  and  any  person  or  persons,  or 
their  agent  or  agents,  who  shall  violate  this  section,  shall  be 

Penalty.  subjcct  to  a  fine  of  five  dollars  for  each  and  every  offence. 

No.  73,  June         137.     It  shall  uot  bc  lawful  for  any  person  or  persons  to 
Driving  cattle,  drivo  any  cattle,  sheep  or  hogs  in  any  street,  lane   or  alley 
^rowfitedllT-"  ^^  Baltimore,  except  to  slaughter-houses  and  shipping  points 
tl?ho°ulero^r'''    within  the  limits  of  the  city,  under  a  penalty  of  five  dollars 
shipping  points  pg^  head  for  each  and  every  offence ;  provided,  that  nothing 
Exception.       in  this  scction  shall    be  so  construed  as  to  prohibit  the  use 
of  the  streets,  lanes  or  alleys  of  the   city    necessary  to  the 
passage  of  animals  from  the  cattle    pens    of  the    Baltimore 
and  Ohio  Railroad  to  the  cattle  scales  and  pens  of  the  State 
of  Maryland  ;  provided,  moreover,  that  it  shall  not  be  lawful 
for  any  one  to  drive  any  cattle,  swine  or  sheep  through  any 
Exception.        Street  or  parts  of  streets,  except  as    permitted    by    the  pre- 
ceding sections  131,  133  and  134. 

CATTLE,  SWINE  AND  GOATS  AT  LARGE. 


No.63,s.i,  R.  138.     It  shall  not  be  lawful  for  any  cattle  or  swine  to  go 

Cattle  and  at  larffo  at  any  time  within  the  limits  of  the  city  :  and  the 

swine  not  per-  o                    ./ 

mitted  to  go  at  May  Or  is  hereby  authorized  to  employ  persons  to  take  up  all 


Streets  and  City  Commissioner.  1041 

Article  XL VII. — Ordinances. 

swine  found  going  at  large  in  any  of  the  streets,  lanes  or 
alleys  of  the  city  ;  and  he  is  also  authorized  to  enter  into 
such  arrangemets  with  the  Trustees  of  the  Poor  for  the  City  whenukenup, 

"  how  disposed  of. 

of  Baltimore,  as  will  induce  them  to  receive  all  swine  taken 

up  according  to  the  provisions  hereof;  and  the  owner  or  no.  §4,  May  87, 

owners  of  any  swine  or  cattle  found  going  at  large  within  penalty. 

said  limits  shall  be  fined  for  each  and  every  offence  the  sum 

of  five  dollars,  to  be  recovered  as  other  fines  are  recovered. 

139.  The  sum  of  five  hundred  dollars  is  annually  placed  No.  63, «.  a,  r. 
at  the  disposal  of  the  Mayor   to  be  expended  as  he  shall  Appropruuon. 
deem  most  advisable  in  executing  this  ordinance  relative  to 

cattle  and  swine,  to  be  paid  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

140.  It  shall  and  may  be  lawful  for  all  persons  to  kill  or  no,62,r.o. 
cause  to  be  killed,  or  to  seize  and  take  and  dispose  of  to  his  coats  going  at 

.      .  1    1  rt  •  large  may  be 

or  their  own  use  and  benefit,  any  goat  or  goats  running  at  kuied  or  seized. 

large  in  any  public  street,  lane  or  alley,  or  found  within  any 

of  the  enclosures  of  the  springs  or  public  squares  of  the 

city.     The  sum  of  fifty  dollars  is  hereby  annually  placed  at  Apppopriation. 

the  disposal  of  the  Mayor  to  carry   out  the  provisions  of 

this  section,  to  be  taken  out  of  any  unappropriated  money 

in  the  treasury. 

141.  Should  any  goat  be  found   running  at  large,  asibid,«.2. 

aforesaid,  the  owner  or  owners  thereof  shall  forfeit  and  pay  Penalty  on  own- 
ers of  goats. 

the  sum  of  two  dollars. 

Decisions  as  to  Streets. — The  two  systems  for  opening  and  condemn- 
ing, and  for  grading  and  paving  streets  in  the  city  of  Baltimore,  are  entirely 
different — they  are  provided  for  by  different  laws  and  ordinances,  executed 
by  different  oflScers,  and  governed  by  different  rules  and  regulations.  Mayor, 
<&c.,  V.  Porter,  18  Md.  284. 

OPENma,  &c.  Stkeets. — It  is  not  essential  to  a  complete  dedication  of 
land  to  public  use,  that  the  legal  title  should  pass  from  the  owner,  nor  that 
there  should  be  any  grantee  of  the  easement  in  esse  to  take  the  fee  ;  nor  is  it 
necessary  that  there  should  be  a  deed  or  writing  in  order  to  evidence  the 


1042  Streets  and  City  Commissionee. 

Article  XLVII. — Ordinances. 

dedication ;  but  if  the  owner  of  the  land  has  done  such  acts  in  pais  as 
amount  to  a  dedication,  he  is  thereby  estopped  from  denying  that  the  public 
have  a  right  to  enjoy  what  is  thus  dedicated  to  their  use,  or  from  revoking 
what  he  has  declared  by  his  acts.    McCormick  v.  Mayor,  dc,  45  Md.  512. 

In  the  case  of  a  clear  act  of  dedication,  as  for  a  street,  it  is  not  essential  to 
the  validity  of  such  act,  that  the  space  thus  dedicated  should  at  once  be 
•  used  by  the  public  for  that  purpose,  or  that  it  should  be  so  used  within  any 
limited  time,  in  the  absence  of  any  condition  to  that  efifect.  An  intent  on 
the, part  of  the  owner  to  dedicate  his  land  to  the  particular  use  alleged,  is 
absolutely  essential;  and  unless  such  intention  is  clearly  proved  by  the 
facts  and  circumstances  of  the  particular  case,  no  dedication  exists.  The 
evidence  of  such  intention  is  furnished  in  various  ways  ;  but  as  dedication 
will  be  presumed  where  the  facts  and  circumstances  of  the  case  clearly  war- 
rant it,  so  that  presumption  may  be  rebutted,  and  altogether  prevent  it  from 
arising  by  circumstances  incompatible  with  the  supposition  that  any  dedi- 
cation was  intended.  If  a  street  be  designated  on  a  plat  made  by  authority 
or  by  the  party  himself,  as  passing  over  certain  lands,  and  the  owner  subse- 
quently conveys  lots  fronting  or  binding  on  such  street,  he  remaining  the 
owner  of  the  fee  in  the  bed  of  the  street,  this  is  held  a  dedication  of  the  land 
over  which  the  street  passes,  to  the  public  use ;  and  on  opening  the  street, 
the  owner  of  the  fee  will  be  entitled  to  nominal  damages  only  as  compensa- 
tion, and  will  be  estopped  from  making  further  claim  for  such  use  as  against 
the  public.    Ibid. 

A  lot  of  ground  in  the  city  of  Baltimore  was  surrendered  by  the  owners 
to  the  Commissioners  for  Opening  Streets,  and  compensation  claimed  for  the 
whole  lot.  The  lot  was  valued  by  the  commissioners  and  damages  assessed 
therefor.  From  their  assessment  an  appeal  was  taken  to  the  City  Court,  and 
upon  trial  the  jury,  on  January  22d,  1874,  found  an  inquisition,  ascertaining 
the  amount  of  damages  to  which  the  owners  were  entitled.  This  inquisition 
was  confirmed  by  an  order  of  court  and  judgment  entered  thereon.  The 
amount  found  by  the  inquisition  was  paid  by  the  city  to  the  owners  on 
December  4,  1874.  At  the  time  of  the  payment  the  owners  claimed  interest 
from  January  22d,  1474,  to  the  date  of  the  payment,  which  the  city  refused 
to  pay.  On  a  Tnandamus  filed  by  the  owners  to  compel  the  city  to  pay  the 
interest  so  claimed,  it  was  held : 

1.  That  the  amount  found  by  the  inquisition  did  not  bear  interest. 

2.  That  section  10,  p.  1000,  ante,  under  which  alone  the  City  Court  was  au- 
thorized to  act  in  taking  the  inquisition ,  gave  no  power  to  pass  an  order  of 
confirmation,  or  to  enter  up  a  judgment  upon  the  inquisition  of  the  jury, 
and  such  entries  were  therefore  unauthorized  and  inoperative. 

3.  That  the  Act  of  1870,  c.  371,  providing  for  the  rendition  of  judgments 
upon  the  return  and  ratification  of  inquisitions  in  cases  of  condemnations 
of  lands,  has  no  application  to  these  proceedings. 

4.  That  the  owners  were  not  entitled  to  a  mandarmis  to  recover  the  in- 


Streets  and  City  Commissioner.  1043 

Article  XL VII. — Ordinances. 

terest,  either  as  forming  part  of  the  just  compensation  secured  by  the  Con- 
stitution, or  as  in  the  nature  of  interest  on  a  judgment. 

5.  That  the  city  is  not  responsible  for  losses  occasioned  by  necessary 
delays  in  taking  possession  of  property  for  a  proposed  improvement,  but 
when  the  assessments  have  all  been  finally  settled,  the  city  can  fairly  exer- 
cise its  election  to  abandon  the  enterprise,  or  pay  the  assessments  and  pro- 
ceed with  the  work. 

6.  That  for  losses  to  owners  occasioned  by  delay,  subsequently  occurring 
through  failure  of  the  city  authorities  thus  to  abandon  or  pay,  it  is  just  and 
right  the  city  should  be  held  liable  in  an  action  for  damages. 

7.  That  as  to  what  the  measure  of  damages  should  be,  no  general  rule 
applicable  to  all  cases  could  be  laid  down.  But  where  the  property,  as  in 
this  case,  consisted  of  a  vacant  and  unimproved  lot,  from  which  the  owners 
derived  neither  rents  nor  profits,  the  standard  of  damages  should  be  the  in- 
terest upon  the  market  value  of  the  property  ascertained  by  the  inquisition 
for  the  time  the  delay  was  without  justifiable  cause. 

8.  But  that  a  mandamut  would  not  lie  to  enforce  its  payment  until  in 
such  an  action  the  jury  had  ascertained  the  amount  by  their  verdict,  and  a 
judgment  thereon  had  been  rendered  tigainst  the  city.  Norris,  et  al.  v.  Mayor, 
&c  ,  Balto.  44  Md.  598. 

The  owner  of  certain  lands,  lying  between  Madison  and  Druid  Hill  ave- 
nues, in  the  city  of  Baltimore,  offered  at  public  auction  certain  portions  of 
them  marked  in  lots  upon  a  map  or  plat.  Upon  this  map  lots  and  streets 
were  laid  down,  and  among  others  there  was  one  designated  as  Mosher 
street ;  it  ran  from  Madison  avenue,  across  McCulloh  street,  to  Druid  Hill 
avenue.  The  lots  advertised  for  sale  and  described  as  being  on  Mosher 
street,  were  all  between  Madison  avenue  and  McCulloh  street.  There  was 
no  sale  at  auction.  Subsequently,  four  of  the  lots,  calling  to  bind  on  Mosher 
street,  were  disposed  of  at  private  sale.  Afterwards,  Mosher  street,  lying 
between  Madison  and  Druid  Hill  avenues,  was  condemned  by  authority  of 
the  city.  Held :  1,  That  the  right  of  way  or  easement  in  Mosher  street  ac- 
quired by  the  purchasers  of  the  lots  binding  thereon,  extended  from  Madison 
avenue  only  to  McCulloh  street,  their  lots  lying  between  these  streets,  and 
to  that  extent  only  was  there  a  dedication  of  Mosher  street  to  public  use  by 
their  vendor.  3.  That  the  vendor  of  the  lots  was  entitled  to  substantial 
damages  for  that  part  of  Mosher  street,  lying  between  McCulloh  street  and 
Druid  Hill  avenue,  there  having  been  no  dedication  of  the  same  to  public 
use.  The  purchaser  of  a  lot  calling  to  bind  on  a  street  not  yet  opened  by 
the  public  authorities,  is  entitled  to  a  right  of  way  over  it ;  if  it  be  of  the 
lands  of  his  vendor,  to  its  full  extent  and  dimensions  only,  until  it  reaches 
some  other  street  or  public  way.  Under  Ordinance  No.  26,  April  3,  '66,  (p. 
1000,  ante,)  a  person  assessed  for  benefits  arising  from  the  opening  of  a  street, 
who  appeals  from  the  return  of  the  commissioners,  can  only  question  the  pro- 
priety of  his  own  assessment,  and  cannot  disturb  or  question  the  return  of 


1044  Streets  and  City  Commissioner. 

Article  XLYII. — Ordinances. 

the  commissioners,  in  reference  to  any  other  person  who  is  assessed  for  bene- 
fits or  allowed  for  damages.    Hawley,  et  al.  v.  Mayor,  <&e.,  33  Md.  270. 

An  appeal  will  lie  to  the  Court  of  Appeals  from  a  decision  of  the  Balti- 
more City  Court  in  proceedings  on  an  appeal  to  that  court  from  the  Commis- 
sioners for  Opening  Streets.  The  Baltimore  City  Court,  upon  an  appeal  to 
it  from  the  Commissioners  for  Opening  Streets,  has  authority  to  review  any 
irregularity  in  the  proceedings  of  the  commissioners.  In  the  absence  of 
proof  showing  that  legal  notice  was  not  given  of  an  application  for  the  pas- 
sage of  an  ordinance  for  widening  a  street,  the  court  will  presume  that  the 
requirements  of  the  law  were  complied  with,  and  that  the  Mayor  and  City 
Council  of  Baltimore  acted  within  their  authority  in  passing  the  ordinance. 
The  Street  Commissioners  have  authority  to  give  the  notice  required  by  s.  6, 
(p.  995,  ante,)  before  taking  the  oath  required  by  s.  2,  (p.  994,  ante,)  Page  v. 
Mayor,  &c.,  34  Md.  558. 

The  notice  under  the  Act  of  1838,  c.  226  [sec.  2,  p.  985,  ante,]  given  in  two 
or  more  daily  papers,  was :  "  that  application  will  be  made  to  the  Mayor  and 
City  Council  to  widen  Bel  air  avenue,  or  north  Gay  street,  as  laid  down  on 
Poppleton's  plat,  from  Point  lane  to  the  North  avenue."  Held :  That  the 
powers  granted  by  above  act,  are  such  as  are  essential  to  the  existence  and 
expansion  of  a  great  municipality,  and  are  confided  to  a  local  legislature 
selected  by  its  citizens,  for  the  government  of  its  concerns.  That  it  would  be 
fatal  to  the  objects  for  which  these  powers  are  delegated  by  the  General 
Assembly  of  the  State,  to  require  all  notices  of  applications  for  ordinances 
to  carry  into  eflFect  these  powers,  to  specify,  with  technical  precision,  the  ob- 
jects for  which  the  application  would  be  made;  such  particulars  would 
embarrass  all  the  subsequent  proceedings  dependent  on  the  notices,  and 
render  the  rights  acquired  under  them  so  precarious  as  to  destroy  all  con- 
fidence in  the  local  ■  legislation  of  the  city.  That  the  notice,  in  this  case, 
was  a  suflBcient  compliance  with  the  provision  of  the  act  above  cited,  in  ac- 
cordance with  which  Ordinance  No.  61,  of  1851,  was  passed.  That  the 
authority  conferred  by  this  ordinance  on  the  commissioners,  "  to  widen 
and  condemn  north  Gay  street,  or  Belair  avenue,  to  the  width  as  it  is  laid 
down  on  Poppleton's  map,"  was  a  legitimate  exercise  of  the  power  conferred 
by  the  act.    Mayor,  &c.,  v.  Bouldin,  et.  al.  23  Md.  328. 

An  ordinance  of  May  5, 1864,  to  open  a  street  in  continuation  of  Holli- 
day  street,  required  the  judges  of  the  Appeal  Tax  Court  in  the  condemna- 
tion and  opening  of  the  proposed  street  to  proceed  in  accordance  with  the 
provisions  of  Ordinance  No.  15,  of  R.  O.  1858.  Section  7  of  said  ordinance 
(sec  7,  p.  996,  ante,)  provided :  that  in  every  case  where  it  shall  be  necessary  to 
eflFect  the  object  proposed,  that  a  part  only  of  a  house  and  lot,  or  of  a  lot, 
shall  be  taken  and  used  or  destroyed,  and  the  owner  thereof  shall  claim  to 
be  compensated  for  the  whole,  the  commissioners  shall  ascertain  the  full 
value  thereof  as  if  the  whole  lot  and  improvements  were  necessary  to  be 
taken  and  used  for  such  propotsed  object.  It  then  provided  for  the  payment 
to  the  owners  of  the  whole  of  such  valuation,  and  for  the  sale  of  the  residue 
of  the  lot  not  necessary  to  be  taken  and  used  for  the  street ;  and  the  amount 


Streets  and  CiTr  Commissioner.  1045 

Article  XL VII. — Ordinances. 

which  is  derived  from  such  sale  is  appropriated  to  the  payment  of  the  ex- 
pense of  the  improvement,  thereby  diminishing  to  that  extent  the  cost  of  the 
work  assessed  upon  the  parties  benefited.  On  a  bill  filed  for  an  injunction 
to  prevent  the  opening  of  the  street — held :  that  this  provision  of  the  ordi- 
nance is  not  obnoxious  to  the  objection  that  it  authorizes  the  taking  of  the 
property  of  a  citizen,  when  it  is  not  required  for  public  use.  Mayer ^  &c.  v. 
aunet,  23  Md.  449. 

The  Mayor  and  City  Council  having  provided  by  ordinance  for  the  open- 
ing of  a  street  to  pass  through  the  lands  of  A.  and  B.,  B.  filed  a  bill  for  and 
obtained  an  injunction  to  prevent  the  opening  of  said  street ;  one  of  the  con- 
ditions of  his  injunction  bond  being  for  the  payment  of  "  all  damages  oc- 
casioned by  the  granting  of  the  injunction."  The  injunction  was  finally 
dissolved  and  the  appeal  dismissed  by  the  Court  of  Appeals.  A.  afterwards 
sued  B.  upon  the  injunction  bond  claiming  damages  to  the  amount  of  an 
alleged  depreciation  in  the  value  of  his  land  between  the  issuing  of  the  in- 
junction and  its  final  dissolution,  on  the  ground  that  the  injunction  pre- 
vented the  sale  of  his  land  for  building  lots  at  the  price  that  could  have  been 
obtained  for  them  at  the  time  of  the  granting  of  the  injunction,  if  the  street 
had  been  then  opened.  Held :  1.  That  the  claim  of  A.  could  only  be  sus- 
tained on  the  ground  that  the  injunction  operated  to  infringe  or  deprive  him 
of  some  vested  legal  right,  which  the  bond  was  intended  to  protect.  2. 
That  under  the  ordinance  for  opening  said  street,  passed  by  authority  of 
1838,  c.  266,  neither  the  public  nor  any  private  citizen  could  acquire  any 
privilege  or  right  to  its  use  until  the  actual  opening  and  surrender  of  the 
street  to  the  public.  3.  Limiting  the  liability  of  the  appellant  B.  to  such 
damages  as  might  have  arisen  from  the  suspension  or  invasion  of  vested 
legal  rights  by  the  injunction,  the  appellee  A.  sustained  no  injury  for  which 
he  could  claim  redress  by  an  action  on  said  bond.    Steuart  v.  State,  20  Md.  97. 

The  modes  in  which  the  power  of  opening,  widening  and  closing  streets 
is  exerted,  vary  according  to  circumstances.  Sometimes  it  is  initiated  by 
summoning  a  jury  upon  warrant,  in  the  nature  of  an  inquest,  ad  quod  dam- 
num ;  at  others,  boards  of  assessors  are  appointed  to  appraise  dues  and 
benefits,  with  the  right  of  appeal  to  a  court  of  record  and  of  review,  by  a 
jury ;  yet  all  are  subject  to  the  constitutional  inhibition,  "  that  the  legisla- 
ture shall  enact  no  law  authorizing  private  property  to  be  taken  for  public 
use,  without  just  compensation,  (as  agreed  upon  between  the  parties  or 
awarded  by  a  jury,)  being  first  paid  or  tendered  to  the  party  entitled  to  such 
compensation."  The  Commissioners  for  Opening  and  Widening  Streets 
having  a  special  public  duty  and  jurisdiction  assigned  them,  to  be  executed 
in  a  prescribed  form,  their  proceedings  are  of  a  legal  character,  and  must  be 
regarded  as  subject  to  all  the  incidents  of  proceedings  in  the  nature  of  a 
writ  of  inquisition  ad  quod  damnum,  being  but  means  to  the  same  end.  Re- 
garded in  their  legal  character,  the  proceedings  of  the  commissioners,  under 
the  ordinance,  are  a  substitute  for  the  inquisition  of  a  jury,  to  ascertain  the 
actual  cost  of  any  projected  improvement,  and  have  no  further  effect.  State, 
ex  rd.,  McOleUan  v.  Graves  et.  ai.,  19  Md.  351. 


1046  Streets  and  City  Commissioner. 


Article  XLVII.— Ordinances. 


A  square,  designated  as  such  on  Poppleton's  plat  of  the  city  of  Baltimore^ 
and  marked  by  two  boundary  stones,  but  which  has  never  been  used  by  the 
public  for  any  purpose,  but  constantly  held  by  the  owners  of  the  land,  and 
never  purchased  by  the  city  authorities,  or  conveyed  to  them,  is  not  a  square 
for  public  purposes,  contemplated  by  the  Act  of  1817,  c  148,  s.  13.  The 
owner  has  the  same  right  to  improve  the  land  in  this  square  as  any  other 
portion  of  his  property  in  the  city  limits,  and  the  city  authorities  have  the 
right  to  open  a  street  through  it  in  the  same  manner  as  through  any  other 
property;  there  is  no  necessity  for  them  to  close  this  square,  because  i* 
never  was  in  legal  contemplation  a  public  square.  Notice,  that  application 
will  be  made  to  the  city  authorities  "  to  open  and  condemn  Baltimore  street, 
^rom  the  east  side  of  Fulton  street,  to  the  city  limits,"  describes  with  suffi- 
cient accuracy  the  street  designed  to  be  opened,  and  is  not  defective  in  this 
particular.    Steuart  v.  Mayor,  dx.,  7  Md.  500. 

The  owner  of  a  lot  lying  on  the  bed  of  a  street  in  the  city  of  Baltimore, 
which  is  taken  for  public  use,  is  entitled  to  compensation  precisely  as  if  no 
gUch  street  was  opened  over  it,  and  to  ascertain  this  the  value  of  neighbor- 
ing and  contiguous  lots  may  be  looked  to,  but  they  do  not  furnish  an  un- 
erring standard  by  which  to  measure  the  value  of  the  lot  condemned.  A 
law  providing  for  the  opening  of  a  street  or  road,  and  imposing  all  the  costs 
on  those  who  are  the  more  immediately  benefited,  instead  of  the  community 
at  large,  is  constitutional.  Where  a  party  sells  property  within  the  limits  of 
a  city,  and  in  the  deed  bounds  it  by  streets,  designated  as  such  in  the  deed» 
or  on  a  map  made  by  the  city,  or  the  owner,  it  is  a  dedication  of  the  street 
for  public  use,  and  a  subsequent  purchaser  from  the  same  vendor  of  the 
lot  upon  the  bed  of  such  street,  can  claim  only  nominal  damages  for  its  con- 
demnation upon  the  opening  of  the  street,  because  he  only  acquired  the 
naked  fee,  subject  to  an  easement,  or  right  of  way  in  the  public.  Moale  v. 
Mayor,  &c.,  5  Md.  314. 

Where  the  legislature  conferred  certain  powers  upon  the  corporate  au- 
thorities of  the  city  of  Baltimore,  in  relation  to  the  opening  and  widening 
of  streets  in  said  city,  it  is  not  essential  to  the  validity  of  an  ordinance  o 
said  corporation,  executing  the  powers  thus  conferred,  that  it  should  state  or 
indicate  the  Act  of  Assembly,  in  execution  of  which  it  was  passed.  If  no 
power  be  stated  as  its  basis,  the  ordinance  will  be  regarde  d  as  emanating 
from  that  which  would  have  warranted  its  passage ;  and  if  two  such  powers 
exist,  it  may  be  imputed  to  either,  in  conformity  to  which  its  provisions 
show  it  to  have  been  adapted.  The  power  to  determine  whether  or  not  the 
public  welfare  and  convenience  require  the  widening  of  any  particular  street, 
is  by  the  Act  of  1888,  c.  226,  [sec.  1,  &c.  p.  984,  &c.  ante^  vested  exclusively 
in  the  Mayor  and  City  Council,  and  whether  their  judgment  be  right  or 
wrong,  is  no  subject  for  revision  or  correction  in  a  court  of  equity 
Where  notice  to  all  persons  interested  in  the  opening  or  widening  of  any 
street,  has  been  duly  given  by  publication,  as  required  by  law,  ignorance 
thereof,  in  any  party,  can  afl"ord  him  no  ground  for  relief,  either  in  equity 


Steeets  and  City  Commission  be.  1047 

Article  XL VII. — Ordinances. 

or  by  appeal  to  Baltimore  City  Court.    The  law  imputes  notice,  and  will 
not  admit  testimony  to  disprove  it.    M.  P.  Church  v.  Mayor,  <Ske.,  6  Gill,  391. 

Proprietors  of  land  in  a  city  frequently  divide  it,  so  as  to  establish  streets 
at  points  where  there  are  none  under  the  authority  of  the  corporation,  and 
lots  conveyed  by  deeds  which  bound  them  on  such  streets,  give  the  pur- 
chasers, by  virtue  of  an  implied  covenant,  an  easement  or  right  of  way  over 
the  streets  ,  which  right  is  unafiFected  by  the  circumstance  that  at  the  time  of 
sale  the  streets  were  unopened.     White  v.  Flannigan,  1  JId.  540. 

Where  a  deed  describes  city  lots  as  bounding  on  certain  streets,  the  grant- 
or and  his  heirs  are  estopped  from  denying  that  there  are  such  streets  to  the 
extent  of  the  lots  bounded  by  them.  Such  a  description  is  not  merely  a  des- 
cription, but  an  implied  covenant  that  there  are  such  streets.  The  several 
Acts  of  Assembly  authorizing  the  municipal  authorities  of  Baltimore  city  to 
lay  out,  open,  extend,  widen,  «&c.,  any  street,  &c,,  considered  in  White  v. 
Flannigan,  1  Md.  549. 

The  ordinance  of  the  city  of  Baltimore,  March  9, 1841,  in  relation  to  the 
opening,  &c.,  of  streets,  directing  the  commissioners,  after  ascertaining  the 
amount  of  damages  and  expenses  to  be  incurred  in  any  one  case,  to  assess 
the  same  on  all  the  ground  and  improvements  within  the  city,  the  owners  of 
which  would,  in  the  judgment  of  the  commissioners,  be  benefited  by  accom- 
plishing the  object  authorized  in  the  ordinance;  apportioning  them  in  just 
proportion  according  to  the  value  of  the  benefit,  which,  in  the  estimation  of 
the  commissioners,  would  accrue  to  each  owner  of  any  right  or  interest 
claimed  in  any  such  ground  or  improvements,  does  not  subject  the  indivi- 
duals embraced  by  it  to  an  unequal  and  partial  tax,  for  the  prosecution  of  an 
improvement  in  which  the  whole  community  is  interested.  No  burden  is 
imposed  by  such  an  ordinance  on  the  person  on  whom  it  operates.  It  is  a 
mere  requisition  that  the  owners  of  property,  the  value  of  which  is  en- 
hanced by  the  opening  of  the  street,  shall  pay  for  the  improvement  in  a  ratio 
to  the  benefit  derived  from  it.    Alexander  <fc  Wilson  v.  Mayor,  <&c.,  5  Gill,  383. 

Held,  that  the  Act  of  1838,  c.  226,  [sec.  l,&c.,  p.  984  &c.  ante,]  and  the  ordi- 
nances passed  in  pursuance  thereof,  were  a  constitutional  exercise  of  legisla- 
tive power,  and  that  all  proceedings  of  the  city  in  conformity  to  it  were  validi 
and  that  a  court  of  equity  had  no  jurisdiction  to  supervise  or  re-examine 
the  proceedings  and  judgment  of  the  court,  to  which  an  appeal  was  taken. 
Alexander  &  Wilson  v.  Mayor,  &c.,  5  Gill,  383;  M.  P.  Church  v.  Mayor,  (fee, 
6  Gill,  391 ;  Richa/rdson  v.  Mayor,  &g.,  8  Gill,  433 ;  Mayor,  dso.,  v.  Bouidin,  23 
1        Md.  330 ;  State  v.  Graves,  19  Md.  361. 

I  Upon  a  bill  to  enjoin  the  defendants  from  collecting  a  tax  imposed  by  the 

^'  Street  Commissioners  of  Baltimore  City,  upon  the  property  of  the  complain- 
H  ants,  for  widening  a  street,  the  Acts  of  Assembly  and  ordinances  of  the  city 
H  having  given  to  all  persons  considering  themselves  aggrieved  by  the  proceed - 
H  ings  of  said  commissioners,  the  right  of  appeal  to  court,  which  remedy  the 
^B,  complainants  failed  to  take,  it  was  held,  that  a  court  of  equity  had  no 

I 


1048  Streets  and  City  Commissioner. 

Article  XL VII. — Ordinances. 


jurisdiction,  and  the  injunction  was  dissolved.  M.  P.  Church  v.  The  Mayor, 
&c.  of  Balto.,  2  Md.  Oh.  Dec.  78,  6  Gill,  391.  See  Mayor,  &c.  of  Balto.  v. 
Porter,  18  Md.  301. 

Upon  a  bill  filed  by  the  appellants,  alleging  that  the  damages  for  opening 
and  extending  streets  in  the  city  of  Baltimore,  secured  to  them  by  the  above 
statutes,  had  not  been  assessed  to  them  by  the  street  commissioners  of  said 
city,  in  their  proceeding  for  the  extension  of  said  streets,  and  that  upon  ap- 
peal to  court,  the  jury  had,  also,  in  their  assessment  of  damages,  made  no 
assessment  of  damages  to  the  complainants,  who  were  thereby  absolutely 
denied  the  rights  vested  in  them  by  said  act,  the  chancellor  granted  an  in- 
junction restraining  the  appellee  from  collecting  the  assessments  made  by 
the  jury.  The  answer  of  the  appellee  averred  that  the  provisions  of  the 
said  act  of  assembly  were  especially  brought  to  the  attention  of  the  jury 
and  fully  discussed,  and  deliberately  considered  by  them.  The  chancellor 
thereupon  ordered  the  injunction  to  be  dissolved,  which  order  was  affirmed 
upon  appeal.    Riclmrdson  v.  Mayor,  &c.  of  Balto.  8  Gill,  433. 

If  the  owner  of  private  property  taken  for  public  uses  under  the  Act  of 
1838,  c.  226,  [sec.  1,  &c.,  p.  984,  &c.,ante,'\  does  not  appeal  within  the  prescribed 
time,  and  the  compensation  assessed  be  paid  or  tendered,  the  property  may 
be  taken  for  public  use :  the  neglect  or  refusal  to  appeal  is  considered  a 
waiver,  or  abandonment  of  the  right  to  have  the  damages  awarded  by  a 
jury,  and  as  an  agreement  to  take  the  compensation  determined  by  the  as- 
sessment. Steuart  v.  Mayor,  &c.,  7  Md.  500.  See  MoaU  v.  Mayor,  dc,  5  Md. 
314.    Stewart  v.  State,  20  Md.  97.    State  v.  Graves,  19  Md.  369. 

Paving,  Grading,  &c.,  Stkeets.  —  Decisions  before  the  Act  op 
1874,  c.  218. — The  system  of  grading  and  paving  streets  established  by  the 
ordinances  of  the  city  of  Baltimore,  is  authorized  by  law,  and  no  constitu- 
tional objection  exists  to  the  power  conferred  on  the  owners  of  a  majority  of 
front  feet,  of  imposing  a  tax  for  such  purposes,  on  the  property  of  the  other 
owners,  against  their  wills .  But  the  intention  of  the  law  is,  that  the  applica- 
tion by  the  majority  of  owners  shall  be  made  in  good  faith,  and  any  ar- 
rangement or  combination  among  parties  applying,  whereby  a  few,  who 
wish  the  work  to  be  done,  procure  the  signatures  of  others,  by  paying  them 
therefor,  either  directly  or  indirectly,  is  a  fraud  upon  the  law  and  contrary 
to  public  policy.    Howard  v.  First  Independent  'Church,  18  Md.  451. 

The  powers  and  duties  of  the  Oity  Commissioner  are  specially  defined  and 
limited  by  ordinances  having  the  force  and  character  of  public  laws,  igno- 
rance of  which  can  be  presumed  in  favor  of  no  one  dealing  with  him  as  to 
matters  thus  conditionally  within  his  official  discretion.  Under  the  ordi- 
nances of  the  city  the  Oity  Commissioner  may  make  contracts  for  grading 
and  paving,  and  assess  taxes  therefor  in  two  classes  of  cases,  viz  :  1.  Upon 
application  of  the  proprietors  of  a  majority  of  front  feet  where  the  street  has 
been  condemned ;  and  2,  upon  the  like  application  of  all  the  proprietors  of 
ground  fronting  on  the  street  where  it  has  not  been  formally  condemned. 
"Without  such  application  he  is  entirely  destitute  of  the  official  character  and 


Steeets  and  City  Commissioner.  1049 

Article  XL VII. — Ordinances. 

power  in  and  by  which  alone  he  can  take  any  lawful  proceedings,  or  make 
any  valid  contract  for  such  work,  and  the  power  of  the  Mayor  to  approve 
of  his  determination  to  grade  and  pave,  and  of  his  contracts  for  the  same,  is 
limited  to  the  same  classes  of  cases  and  controlled  by  the  same  conditions. 
A  contract  made  by  the  City  Commissioner  for  grading  and  paving,  upon 
the  application  of  the  owners  of  a  majority  of  feet  fronting  on  a  street  not 
formally  condemned,  is  invalid  and  not  obligatory  on  the  city,  and  the  con- 
tractor can  maintain  no  action  against  the  city  on  the  contract,  nor  for  dam- 
ages for  violating  or  disregarding  its  provisions.  Mayor,  &e.  v.  Eschbach,  18 
Md.  276. 

The  lessee  for  ninety-nine  years,  or  for  ninety-nine  years  renewable  for- 
ever, and  not  the  owner  of  the  fee,  is  the  owner  or  proprietor  to  assent  to 
the  paving  of  unpaved  streets  in  the  city  of  Baltimore,  under  the  Acts  of 
1797,  c.  54,  s.  2,  and  1817,  c.  148,  s.  18,  and  1833,  c.  40,  s.  3,  (see  sec.  7,  p. 
988  and  sec.  33,  p.  1010)  Holland  v.  Mayor,  &c.,  11  Md.  186.  Mayor,  <Stc.  v- 
jR)t*Mm,  23  Md.  328. 

Unless  the  owners  of  a  majority  of  the  feet  binding  on  the  street  to  be 
paved,  assent  in  writing  to  the  paving,  the  proceedings  of  the  city  authori- 
ties, directing  the  paving  to  be  done,  are  null  and  void,  and  a  court  of  equity 
has,  upon  application  of  the  non-assenting  owners,  jurisdiction  to  prevent, 
by  injunction,  the  sale  of  their  property  to  pay  for  such  paving.  Bouldin  v. 
Mayor,  &c.  15  Md.  18.  Mayor  &c.  v.  Porter,  18  Md.  284.  Letter  v.  Mayor, 
dx.,  29  Md.  419.    Mayor,  &c.  v.  Horn,  26  Md.  195. 

The  ordinances  of  the  city  of  Baltimore  in  relation  to  the  paving  of  streets, 
confer  on  property  owners  not  only  the  right  to  have  their  own  lots  im- 
proved by  paving  in  front  of  them,  but  also  the  power  to  compel  others  to 
submit  to  and  pay  for  such  supposed  improvements.  The  paving  tax  is  due 
immediately  after  the  commissioner  makes  out  the  list  of  persons  assessed, 
and  its  payment  may  be  enforced  before  any  portion  of  the  paving  is  com- 
menced. The  assent,  in  writing,  of  the  proprietors  of  a  majority  of  feet 
fronting  on  the  street  to  be  paved,  must  appear  to  have  been  given  before 
the  paving  is  ordered,  and  the  want  of  such  assent  may  be  shown  as  a  de- 
fence to  an  action  to  enforce  collection  of  the  tax.  The  certificate  of  the 
commissioner,  stating  that  a  requisite  number  of  proprietors  had  assented 
to  the  paving,  is  not  conclusive  on  the  question  of  assent ;  it  has  but  a  prima 
facie  effect  as  the  warrant  or  authority  to  have  the  paving  done,  and  those 
who  act  under  it  c'o  so  at  their  peril.  The  authority  of  the  commissioner 
as  to  the  paving  of  streets,  is  specified  and  limited,  both  as  to  its  scope  and 
efi"ect,  and  when  made  the  foundation  of  an  action,  it  must  appear  to  have 
been  exercised  according  to  law.    Henderson  v.  Mayor,  dbc.,  8  Md.  352. 

The  taxes  for  paving  streets  in  the  city  of  Baltimore  are  imposed  on  the 
property,  and  not  on  the  owner,  and  though  a  personal  action  for  them  may 
be  maintained  by  the  city  against  the  owner,  this  does  not  afiect  the  specific 
liability  of  the  property.    Escfibach  v.  Pitts,  6  Md.  71. 

The  charter  of  a  cemetery  company  within  the  limits  of  the  city  of  Balti- 
more provided  that  a  certain  number  of  acres  "  shall  be  forever  appropriated 


1050  Stbebts  and  City  Commissionee. 

Article  XLVII. — Ordinances. 

and  set  apart  as  a  cemetery,  which  so  long  as  used  as  such,  shall  not  be 
liable  to  any  tax  or  public  imposition  whatever."  Held,  that  a  paving  tax 
for  paving  a  street  in  front  of  this  property  is  not  embraced  in  this  exemp- 
tion. The  intent  of  the  Legislature  was  to  exempt  the  property  from  all 
taxes  or  impositions  imposed  for  the  purpose  of  revenue,  but  not  to  relieve 
it  from  such  charges  as  are  inseparably  incident  to  its  location  in  regard  to 
other  property.    Mayor,  &c.  v.  Greenmount  Cemetery,  7  Md.  517. 

Under  the  Act  of  1797,  c.  54,  s.  2,  the  power  given  to  the  Mayor  and  City 
Council  of  Baltimore,  to  tax  any  particular  part,  or  district  of  the  city,  for 
paving  the  streets,  lanes  or  alleys  therein,  or  for  sinking  wells,  or  erecting 
pumps,  which  may  appear  for  the  benefit  of  such  particular  part  or  district, 
is  not  confined  to  any  particular  description  of  benefit,  such  as  the  ordinary 
benefit  and  advantage  of  paved  streets.  The  preservation  of  the  health  of 
8uch  particular  part  of  the  city,  is  a  benefit  within  the  meaning  and  scope 
of  the  act.  The  legality  of  laying  such  tax  does  not  depend  upon  whether 
the  paving  does,  or  does  not  in  fact  benefit  the  particular  district  paved ;  but 
upon  the  object,  the  motive,  of  the  corporation  in  causing  the  paving  to  be 
done.  In  an  ordinance  providing  for  such  paving,  and  the  imposition  of 
such  a  special  tax,  it  is  not  necessary  that  it  should  be  expressly  stated  to  be 
for  the  benefit  of  the  particular  district ;  if  nothing  appeared  to  the  contrary, 
such  an  exercise  of  the  special  taxing  power  will  be  taken  to  have  been  in 
pursuance  of  the  authority  given  by  the  charter.  But  where  an  ordinance 
provides  for  the  paving  of  a  street,  &c.,  in  a  particular  district,  and  the  im- 
position of  a  special  tax  for  that  purpose,  on  such  district,  which  paving  ap- 
pears from  the  ordinance  to  be  for  the  general  benefit  of  the  city,  and  not 
for  the  benefit  of  the  particular  district,  it  is  not  in  pursuance  of  the  author" 
ity  conferred  by  the  charter,  and  is  void.  Mayor,  &c.  v.  Hughes'  Adni'r,  1  G. 
&  J.  480.    Mayor,  &c.  v.  Moore^  6  H.  &  J.  375. 


SUBVEYOK. 


1061 


Article  XLVIII. — Constitution. 


ARTICLE   XLVIII. 

SURVEYOK. 

CONSTITUTION. 
How  elected :  duties  and  compensation :  vacancy. 

STATUTES. 
1.   Duties  and  compensation.  |    3.   Plat  of  the  city,  evidence. 


ORDINANCES. 


1.  Oath  of  office. 

2.  Duties  required  of  him  by  City 

Commissioner. 

3.  Duties  required  of  him  by  Com- 

missioners for  Opening  Streets. 

4.  Duties  prescribed  by  Mayor  and 

Council. 

5.  Fees. 

6.  To  keep  a  record:  to  preserve 


field-notes,  plats,  «fec.:  to  re- 
port semi-annually  to  Mayor. 

7.  Records  subject  to  examination 

by  Mayor,  members  of  Council, 
City  Commissioner  and  other 
city  officers :  charge  for  exam- 
nation. 

8.  Bond:  return  of  plats,  &c.  to 

Comptroller. 


CONSTITUTION. 

The  qualified  voters  of  the  city  of  Baltimore  shall,  on  the  Art.  7.8ec.2. 
Tuesday  next  after  the  first  Monday  in  the  month  of  Novem-  EiecUon. 
ber,  in  the  year  eighteen  hundred  and  sixty-seven,  and  on 
the  same  day  in  every  second  year  thereafter,  elect  a  Sur- 
veyor for  the  city  of  Baltimore,  whose  term  of  office  shall 
commence  on  the  first  Monday  of  January  next  ensuing  his 
election,  and  whose  duties  and  compensation  shall  be  the  Duties  and 

cozupeiisfttion  • 

same  as  are  now,  or  may  hereafter  be,  prescribed  by  law. 


1052  SURTETOB. 

Article  XL VIII. — Statute. — Ordinances. 

Vacancy.  And  any  vacancy  in  the  office  of  Surveyor  shall  be  filled  by 
the  Mayor  and  City  Council  of  Baltimore,  for  the  residue  of 
the  term. 

STATUTE. 

p.  L.L.,art.  4,      ].     Thc  Mayor  and  City  Council  shall  prescribe  by  ordi- 

SBC.  865 j    1852j 

c-59.  nance  the  duties  and  compensation  of  the  Surveyor, 

Duties,  &c.  ^  "^ 

P.  G.  L.  Art.  37,      2.     A  copy  of  the  plat  of  the  city  of  Baltimore,  from  the 

sec.  48 ;  1852,  c.  ^"^  ^  •'  ' 

*8-  record   thereof  in  the  Mayor's  office,   or  from  the  record 

Plat  of  the  city,  thereof  in  the  office  of  the  clerk  of  the  Superior  Court  of 

evidence.j  •■ 

Baltimore  City,  duly  certified  under  seal  by  the  keeper  of 
such  records,  respectively,  shall  be  evidence.* 


ORDINANCES. 

No.  16,  s.  1,  R.      1,     Before  entering  upon   the  duties  prescribed  by  this 

Oath  of  office.    Ordinance,  the  City  Surveyor  shall  take  the  following  oath 

or  affirmation,  before  the  Mayor  of  the  City  of  Baltimore : 

I,  ,  do  solemnly  swear  or  affirm,  that  I  will  to  the 

utmost  of  my  ability,  faithfully  and  impartially  discharge 
the  duties  of  City  Surveyor,  whenever  called  thereto,  agree- 
ably to  the  ordinance  to  i  egulate  the  office  of  City  Surveyor. 

Ibid, a. 2.  2.     Whenever  the  City  Commissioner  shall,  in  pursuance 

Duties  required  of  the  scvcral  dutics  required  to  be  performed  by  him,  under 

of  him  by  City  ,    .  ^  .       ^  .  ,    . 

Commissioner,  the  provisioDS  of  the  scvcral  ordinances  of  the  city  of  Balti- 
more, contained  in  Art.  XL  VII,  Streets  and  City  Commission- 
er, or  of  any  other  ordinance  which  may  hereafter  be  passed, 
regulating  the  duties  of  said  City  Commissioner,  require  the 
services  of  a  surveyor,  it  shall  be  the  duty  of  the  said  City 

*For  the  City  Boundaries,  see  note  p.  9,  ante.  The  limits,  as  laid  down 
by  the  commissioners  under  the  Act  of  1816,  c.  209,  contain  about  10,000 
acres  surface  in  land  and  water,  and  form  a  parallelogram  of  about  three  and 
a  half  miles  from  north  to  south,  and  four  and  a  half  miles  from  east  to 
west. 


SURVETOB.  1053 

Article  XLVIIL — Ordinances. 

Surveyor,  to  do  and  perform  all  such  acts  appertaining  to 
the  business  of  a  surveyor,  as  may  be  reasonably  required  of 
him  by  the  said  City  Commissioner,  for  which  services  he 
shall  be  entitled  to  and  shall  receive  compensation  as  fixed 
in  the  table  of  rates  contained  in  the  fifth  section  hereof, 
and  which  compensation  shall  be  collected  in  the  manner 
now  provided  for  in  the  several  ordinances  hereinbefore  re- 
ferred to,  or  which  may  hereafter  be  passed  by  the  Mayor 
and  City  Council  of  Baltimore. 

3.  Whenever  the  Commissioners  for  Opening  Streets  shall  iMd, «.  3. 
proceed  to  perform  the  several  duties  imposed  upon  them  by  Duties  required 
virtue  of  the  ordinance  of  the  Mayor  and  City  Council  of  Bal-  missioners  for 

,  .       Opeoing  Streets 

timore,  contained  in  Article  XL  VII,  Streets  and  City  Commis- 
sioner, which  may  require  the  services  of  a  surveyor,  it  shall 
be  their  duty  and  they  are  hereby  required  to  notify  the  City 
Surveyor  thereof,  and  it  shall  be  the  duty  of  the  City  Sur- 
veyor to  do  and  perform  all  such  work  as  may  be  required 
by  the  said  Commissioners  for  Opening  Streets  in  the  dis- 
charge of  their  several  duties,  and  for  such  work  or  services 
so  performed  he  shall  be  entitled  to  and  shall  receive  com- 
pensation agreeably  to  the  rates  established  by  the  table 
hereinbefore  mentioned  to  be  assessed  and  collected  in  the 
manner  prescribed  by  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore. 

4.  It  shall  be  the  duty  of  the  City  Surveyor  to  do  and  iwd,*.  <. 
perform  all  other  acts  and  things  appertaining  to  the  busi- Duties  pre- 

-  .       ,    ,  .  „  scribed  ny  May- 

ness  01  a  surveyor,  which  may  be  required  by  virtue  of  any  or  and  counciL 
ordinance  or  resolution  of  the  Mayor  and  City  Council  of 
Baltimore  requiring  the  services  of  a  surveyor,  which  are 
now  in  force  or  which  may  be  hereafter  passed,  upon  due 
notice  to  be  given  to  him  whenever  said  services  are  needed, 
and  shall  receive  compensation  agreeably  to  the  rates  in  the 
table  herein  mentioned,  or  which  may  hereafter  be  specially 
prescribed  by  the  Mayor  and  City  Council  of  Baltimore. 


1054  SURVEYOE. 

Article  XL VIII. — Ordinances. 


No.  69,  May  80,      5.     The  Compensation  for  the  duties  performed  by  the  City 
Fees.  Purveyor  under  this  ordinance  shall  be  as  fixed  by  the  fol- 

lowing table,  viz : 

For  surveying  and  establishing  the  lines  of  a  lot,  eight 
dollars. 

For  a  plat  of  the  same,  three  dollars. 

For  surveying  and  establishing  from  two  to  ten  adjoining 
lots,  each  five  dollars. 

For  a  plat  of  the  same,  each  two  dollars. 

For  giving  the  line  of  a  street  in  front  of  a  building,  five 
dollars. 

For  establishing  the  grade  of  any  street,  one  square,  five 
dollars. 

For  all  over  one  square,  each  three  dollars. 

For  profile  of  same,  for  each  square,  five  dollars. 

For  paving  plat,  each  square,  five  dollars. 

For  condemnation  and  benefit  plats  furnished  to  the  Com- 
missioners for  Opening  Streets,  the  rates  shall  be  as  fol- 
lows: 

For  a  distance  as  shown  on  the  benefit  plat  not  exceeding 
two  squares,  for  every  front  foot  ordered,  five  cents. 

For  a  distance,  as  above,  more  than  two  and  not  exceed- 
ing four  squares,  for  every  front  foot  ordered,  three  cents. 

For  a  distance  as  above,  exceeding  four  squares,  for  every 
front  foot  ordered,  two  cents. 

For  the  damage  plat  he  shall  be  allowed  for  his  own  servi- 
ces ten  dollars  per  day  while  engaged  on  it,  and  also  an 
additional  allowance  of  two  dollars  and  fifty  cents  per  day 


StlBVETOE.  1055 

Article  XLVIII. — Ordinances. 

for  each  assistant ;  provided,  that  in  opening  any  street  desig-  Provi«>. 
nated  on  Poppleton's  plat,  there  shall  not  he  allowed  (on 
said  damage  plat)  more  than  one  day  to  each  square  to  the 
surveyor  and  his  assistants,  unless  the  bed  of  the  street  to 
be  opened  be  obstructed  by  improvements. 

6.  There  shall  be  provided  for  the  use  of  the  City  Sur-  no.  ie,8.  6,b. 
veyor,  an  office,  which  shall  be  known  and  designated  as  the  to  keep  a  re- 

cord,  to  pre- 

**  City  Surveyor's  Office  ;"  and  the  said  City  Surveyor  shall  serve  field  notes 
be  required  to  have  all  memoranda,  field  notes  and  plats 
taken  and  made  by  virtue  of  this  ordinance,  and  such  as 
may  be  committed  to  his  charge  by  any  of  the  city  officers, 
carefully  filed  and  preserved  in  said  office  for  the  use  of  the 
city,  whose  property  they  are  hereby  declared  to  be  ;  and 
it  shall  be  the  duty  of  the  City  Surveyor  to  report  semi-  to  re^oH  semi- 
annually (in  January  and  July,)  to  the  Mayor  what  field  M»yor. 
notes  (so  termed)  and  plats  are  in  his  possession  belonging 
to  the  city.     He  shall  also  keep  in  his  office  a  record  oT  all 
the  establishments  made  by  him  under  the  direction  of  the 
City  Commissioner. 

7.  All  records,  memoranda,  plats  and  field  notes  herein  iwa,*.  ?. 
mentioned  shall  at  all  times  be  subject  to  the  inspection  and  Records  subject 
examination  of  the  Mayor,  the  members  of  the  City  Council,  byM.yor, 

"        '  ^  I  members  of 

the   City   Commissioner,   the   Commissioners   for    Opening  commlssSner 

Streets,  the  Counselor,  Solicitor  and  Examiner  of  Titles,  the  officer" *"'^' 

Comptroller  and  the  Register  of  the  City  ;  but  every  other 

person,  after  the  expiration  of  twelve  months  from  the  time 

of  the  deposit  of  any  record,  memoranda,  or  plats  in  said 

office  for  such  inspection,  shall  pay  to  the  City  Surveyor,  for 

the  use  of  the  city,  the  sum  of  twelve  and  a  half  cents  ;  and  charge  for  ex- 

*'  '  '  amination. 

it  shall  be  the  duty  of  the  City  Surveyor  to  furnish  a  copy  of 
any  record  in  his  office  to  any  person  requiring  the  same,  on 
the  payment  of  ten  cents  for  every  one  hundred  words  em- 
braced in  such  copy. 


1056  SUEVEYOK. 

Article  XL VIII. — Ordinances. 

Ibid,  s.  8.  8.     Before  entering  upon  the  duties  of  his  office,  the  City 

Bond.  Surveyor  shall  give  bond  with  securities,  in  the  sum  of  five 

thousand  dollars,  conditioned  for  the  faithful  performance  of 

Return  of  plats,  hls  duty  as  City  Surveyor,  and  for  the  return  to  the  Comp- 

&c.,  to  Comp- 
troller. troUer  of  the  City  of  all  memoranda,  field   notes,  plats, 

copies  of  plats  and  records,  made  by  him  as  City  Surveyor, 

or  which  may  have  been  committed  to  his  charge,  whenever 

the  same  shall  be  required  of  him  by  the  Mayor  of  the  City 

or  by  the  Comptroller,  under  the  orders  of  the  Mayor. 


Taxbb. 


1057 


Article  XLIX. 


ARTICLE  XLIX. 


TAXES. 


STATUTES . 


1.  Corporation  authorized  to  lay  a 

direct  tax. 

2.  Powers  to  levy  taxes  defined : 

provisos :  exemptions. 

3.  Limits  of  direct  taxation :  pro- 

viso. 

4.  Collection  of  taxes :  enforcement 

of  payment. 

SALE  Am)  REDHMPnON. 

5.  Sale  :  notice  :  plat. 

6.  Purchase  money :  credit. 

7.  Redemption :  deed  to  purchaser: 

payment  to  Register. 

8.  Owner  of  property  :  investment 

in  city  stock,  &c. 

9.  Redemption  within  a  year  and  a 

day. 

10.  Collector  to  report  to  judge  of 

Circuit  Court  sales  of  lands 
for  taxes:  notice  to  show 
cause :  new  sale :  proceedings 
in  court :  burden  of  proof. 

11.  Within  what  time  taxes  to  be 

collected,  &c. 

12.  Penalty  for  collecting  taxes  after 

four  years. 


13. 
14. 

15. 
16. 
17. 
18. 

19. 
20. 
21. 


22. 

23 

24. 
25. 

26. 
27. 

28. 


BRIDGES  AND  HIQHWATS. 

Tax  by  Mayor  and  City  Council. 
How  to  be  applied. 

APPEAL  TAX  COURT. 

Appointment  of :  duties. 

Vacancies :  compensation. 

Oath. 

Register  to  make  list  of  holders 

city  stock  for  Appeal  Tax  Court 
Duty  of  Appeal  Tax  Court. 
Duty  of  Register. 
Failure  of  Register  to  make  list : 

duty  of  Appeal  Tax  Court: 

certificate. 
Compensation. 

COLLECTOR  OF    STATE  TAXES. 

Appointment:  compensation:  per- 
centage. 

Collector's  bond. 

Deposits  to  credit  of  treasurer :  in 
what  bank:  removal  and  suit. 

Examination  of  books. 

When  Governor  to  appoint  col- 
lector: bond. 

Levy  for  commissions :  per  cent- 
age. 


ORDINANCES 


APPEAL  TAX  COURT  AND  ASSESSORS. 

1.  Appeal  Tax  Court:  duties  and 
powers :  bond  :  clerks :  duties : 


assessor:  salaries. 

2.  Assessors'  duties :  powers. 

3.  Office  hours  ofAppeal  Tax  Court. 


1068 


Taxes. 


Article  XLIX. 


4.  Notice  that  they  will  receive  lists 

of  property  of  those  liable  to 
taxation :  time  allowed  for  ap- 
pealing: alterations,  additions 
or  deductions  :  when  the  valu- 
ation shall  be  final. 

5.  Statement    to    Comptroller    o  f 

amount  of  assessable  property: 
report  to  Mayor. 

6.  To  fix  value  of  stock  of  corpo- 

rations. 

7.  Clerk  of  Superior  Court  to  fur- 

nish list  of  alienations  of  prop- 
erty and  mortages  entered  on 
record:  releases  of  mortgages. 

8.  When    to     abate    assessments: 

when  to  close  accounts  :  when 
to  charge  to  suspended  ac- 
counts. 

9.  When  to  refund  taxes  paid  in 

error :  limitation:  list  of  claims: 
statement :  alleged  payment. 

10.  To  correct  errors:  to  make  trans- 

fers. 

11.  Persons  removing  into  city  re- 

quired to  give  account  of  per- 
sonal property  liable  to  be  as- 
sessed: penalties. 

12.  Appeal  Tax  Court  to  find  out 

value  of  all  property  liable  to 
taxation:  proviso. 

13.  List  of  rates  allowed  to  bailiffs. 

14.  Bailiffs  to  act  as  assessors:  salary. 

15.  Judges  of  Appeal  Tax  Court  con- 

stituted a  board  of  arbitration: 
clerk:  record: 

16.  Decisions  not  to  conflict  with  ex- 

isting laws,  &c. 

17.  To  investigate  cases  of  dispute 

and  report  to  Mayor. 

18.  Cases  in  which  decisions  of  board 

shall  be  final :  bond. 

19.  Board  empowered  to  investigate 

cases  of  grievance  by  any  offi- 
cer of  city. 
30.  Mayor  authorized  to  fill  vacan- 
cies. 


21.  Faith  of  city  pledged  to  exemp- 

tion of  city  stock  from  taxa- 
tion. 

PERMITS  TO  KBECT  BUILDINGS. 

22.  Permit  for  each  house. 

23.  Penalty :  duty  of  bailiffs. 

24.  Plats  of  ground  to  be  improved. 

25.  No  charge :  record  to  be  kept. 

26.  Refusing  to  show  permit  to  offi- 

cer: penalty. 

27.  Police  to  see  that  permits  are  ap- 

plied for. 

COLLECTOB. 

28.  Appointment :  bond :  conditions : 

payment  to  Register:  state- 
ment under  oath. 

29.  Term  of  office. 

30.  Removal  from  office :  delivery  of 

money,  books,  &c.,  to  Register : 
when  Register  to  act  as  Col- 
lector. 

31.  Charges  against  Collector:  sus- 

pension: answering. 

32.  When  Mayor  to  convene  Coun- 

cil. 

33.  Books  for  ensuing  year. 

34.  Accounts    for    collection:    pay- 

ments, insolvencies,  abate- 
ments and  transfers :  accounts 
of  tax  payers. 

35.  Deposits  in  bank:  when  Register 

to  draw  money. 

36.  Notice :  publication :  tax  bills. 

37.  Taxes  on  real   estate,  personal 
chattels,  &c.:  discounts. 

38.  Enforcement  of  payment. 

39.  Discounts :  when  interest  added 

40.  When  bills  to  be  delivered  :  no- 

tice on  bills:  bailiffs:  memo- 
randum :  notice  to  be  pub- 
lished. 

41.  To  draw    on    Register  for  ex- 

penses, &c.:  duty  of  Register. 

42.  Distress,  &c.,  for  State  taxes. 

43.  Jurors'  orders,  how  received. 

44.  Distraining :  post  office. 


Taxes. 


1059 


Article  XLIX.— Statutes. 


45.  Surveyor's   fees:    proviso:    fees 

and  commissions. 

46.  Charge,  pro  rata. 

47.  Lots  of  ground:    when  to  sell 

leasehold  interest :  proviso : 
when  to  sell  fee  simple:  pro- 
viso :  notice  of  lease. 

48.  Auction  fees,  &c.:  credit  of  year 

and  day:  deed :  balance  of  pur- 
chase money:  investment  in 
city  stock:  Register  to  take 
charge  of  certificates. 

49.  Redemption  within  a  year  and  a 

day:  interest:  refunding  to 
purchaser. 

50.  Paving  tax  :  enforcing  payment. 

51.  Paving     contractors:     commis- 

sions. 

52.  Paving  tax :  plat :  lien :  how  tax 

collected. 

53.  When  Collector  to  notily  parties 

assessed  for  benefits:  six 
months :  enforcement  of  pay- 
ment. 

54.  Opening  streets :  deeds :  balance 

of  purchase  money  to  Register. 


55.  City  Commissioner  to  issue  war- 

rant: paving,  &c.,  footways: 
lien :  list  of  persons  assessed : 
bills :  thirty  days. 

56.  Lists  of  property  sold  for  taxes: 

book  in  Collector's  office  open 
to  inspection. 

57.  Title  to  property:  examination: 

certificate:  Examiner  of  Titles. 

58.  State  taxes. 

59.  Salaries  and   officers:   salaries: 

compliance  with  ordinances : 
Collector  responsible. 

60.  Collector  of  State  Taxes:  com- 

missions. 

COMPTROLLER. 

61.  Duty  of  Comptroller:  certificate 

from  Collector. 

62.  Description  of  lots  condemned 

for  opening  streets,  «&c.,  to  be 
furnished  Appeal  Tax  Court: 
lots  bought  or  sold  by  city. 

LIMITS  OF  DIRECT  TAXATION. 

63.  Direct  tax  line. 


STATUTES. 

1.     The  Ma_yor  and  City  Council  of  Baltimore  are  hereby  i874,c.i8o. 
authorized  and  empowered  to  levy  annually  upon  the  asses-  Authority  to 

«      ,  .         ,        ,.  .  1      i.  ,1  lerya  direct 

sable  property  of  the  city,  by  direct  tax,  with  lull  power  to  tax, 
provide  by  ordinance  for  the  collection  of  the  same,  such  sum 
of  money  as  may  be  necessary,  in  the  judgment  of  the  said 
Mayor  and  City  Council,  for  the  purpose  of  defraying  the  ex- 
penses of  said  corporation  over  and  exclusive  of  all  expenses, 
charges  and  sums  of  money  which  tlio  said  Mayor  and  City 
Council  are,  or  shall  be,  required  by  inw  to  collect  for  other 
purposes.* 


I 


*  Const.  Art.  3,  sec.  51,  provides  that:  the  personal  property  of  residents 
of  this  State  shall  be  subject  to  taxation  in  the  county  or  city  where  the  re- 
sident bona  fide  resides  for  the  greater  part  of  the  year,  for  which  the  tax 


1060  Taxes. 

Article  XLIX. — Statutes. 


1866,  c.  119.  2.     The  Mayor  and  City  Council  of  Baltimore  are  hereby 

Powers  to  levy  empowered  to  levy  and  collect  taxes  upon  every  description 

taxes  defined.  '^  •'  i        •  \.  ,       . 

of  property  found  within  the  corporate  limits  of  said  city, 
which  they  are  now  authorized  by  law  to  levy  taxes  upon  for 
the  purpose  of  defraying  the  expenses  of  the  municipal  gov- 
ernment, whether  the  owners  thereof  reside  within  or  without 

Proviso.  the  limits  of  said  corporation  ;  provided,  that  no  stocks,  bonds, 

mortgages,  certificates  or  other  evidences  of  indebtedness  of 
any  bank  or  other  corporation  situate  within  the  limits  of  said 
city,  which  are  owned  or  held  by  persons  residing  without  such 
limits,  shall  be  subject  to  taxation  for  the  purpose  above  set 

Proviso.  forth  ;  and  provided  further,  that  no  authority  is  given  by  this 

act  to  impose  taxes  on  any  property  which  is  now  or  may 

Exemptions,  hereafter  be  exempted  from  taxation  by  any  general  or  special 
Act  of  the  General  Assembly  of  Maryland,  nor  upon  any 
property  which  may  be  stored  or  deposited  in  the  city  of  Bal- 
timore for  temporary  purposes. 

1874.  c. 39.  3.     They  may  extend  the  limits  of  direct  taxation  within 

Limits  of  direct  the  Said  city  from  time  to  time,  as  they  shall  deem  it  ex- 

taxation.  "^  •' 

pedient. 
p.  L.  L.  art.  4,      4.     The  Mayor  and  City  Council  have  power  to  provide  by 

8GC.  o7o. 

Collection  of     Ordinance  or  otherwise  for  the  prompt  collection  of  taxes  due 
Enforcement  of  the  city,  and  havc  power  to  sell  real  estate,  as  well  as  personal 
property,  for  the  payment  of  taxes.* 

may,  or  shall  be  levied,  and  not  elsewhere,  except  goods  and  chattels  per- 
manently located,  which  shall  be  taxed  in  the  city  or  county  where  they  are  so 
located.  1863,  c.  251,  explained  by  1865,  c.  119.  (sec.  2  above,)  was  intended 
to  subject  to  city  taxation  every  species  of  property  actually  situate  within 
the  city,  notwithstanding  the  residence  of  the  owner  might  be  elsewhere. 
Ins.  Co.  V.  Mayor,  <&c.,  23  Md.  296. 

*  Taxes  levied  for  the  city  of  Baltimore  on  real  estate,  prior  to  1840,  c.  63 
[sec.  4,  above,]  were  not  liens  on  the  land  where  there  was  a  sufficiency  of, 
personal  property  on  the  premises  taxed  to  pay  the  same.  Dallam  et.  al.  v. 
Oliver's  ex'rs.  3  Gill,  445.    Mayor,  &c.,  v.  Clum,  2Q.&J.  376. 

The  ordinance  of  the  city  of  Baltimore  authorizing  the  sale  of  real  estate 


Taxes.  1061 

Article  XLIX.— Statutes. 


SALE  AND  REDEMPTION. 

5.  Whenever  it  shall  become  necessary  to  sell  any  part  or  1 878,0,227 -, 

*'  .  '*»*2,  c.  148. 

parcel  of  ground  in  the  city  of  Baltimore,  improved  or  unim-  saie. 
proved,  for  the  payment  of  any  taxes  or  assessment  of  any 
nature  or  kind  whatever,  levied  or  charged,  the  Collector  shall 
first  give  notice  by  advertisement  published  once  a  week  for  Notice. 
four  successive  weeks  in  two  of  the  daily  newspapers  published 
in  said  city,  one  of  which  shall  be  in  the  German  language, 
that  he  will  sell  at  public  auction  on  the  day  in  the  said  ad- 
vertisement mentioned ;  said  notice  shall   state  the  name  of 
the  person  or  persons,  when  known,  to  whom  such  parcel  of 
ground  is  assessed,  the  amount  of  taxes  due  on  the  same,  and 
what  improvements,  if  any,  are  on  said  parcel  of  ground,  and 
in  any  such  notice  it  shall  be  sufficient  to  describe  the  parcel 
of  ground  as  located  upon  whatever  official  plat  of  the  city  p^t 
the  said  Mayor  and  City  Council  of  Baltimore  shall  from  time 
to  time  adopt  and  designate  for  the  purpose. 

6.  The  Collector  shall  require  the  purchaser  of  such  prop- pl.  L..art.  4, 
erty  on  the  day  of  sale,  or  the  day  next  succeeding,  to  pay  on  i48*. 
account  of  said  purchase  the  amount  assessed  or  taxed  on  the  purchase 

lot  so  sold,  together  with  all  costs  and  charges,  and  no  more,  """"'' 
and  the  residue  of  the  purchase  money  shall  remain  on  a  credit, 
credit  of  one  year  and  a  day. 

7.  If  the  pr9perty  so  sold  shall  not  be  redeemed  at  the  ex-  ibia,  s.  ere, 
piration  of  a  year  and  a  day  from  the  day  of  sale,  the  Collector  Redemptiok. 
shall,  when  required,  and  on  payment  of  the  full  amount  of 

to  pay  taxes  due  the  city  is  a  legitimate  exercise  of  the  power  conferred  by 
the  Act  of  1840,  c.  63,  [sec.  4,  above,]  and  makes  the  taxes  a  lien  on  the 
realty  as  much  as  a  judgment  at  law.    Eschbach  v.  Pitts,  6  Md.  71. 

*  The  office  of  auditor,  created  by  Ord.  No.  58,  June  18, 1853,  and  supple- 
ments thereto,  and  1858,  c.  369,  was  finally  abolished  by  Ord.  No.  6,  Feb. 
28, 1861,  and  Res.  No.  16,  Mar.  1,  1862,  and  its  duties  confided  by  the  Act  of 
1862,  c.  148,  to  the  collector  or  other  officer  on  whom  they  may  be  conferred 
by  ordinance  of  the  Mayor  and  City  Council. 


1062 


Taxes. 


Article  XLIX.— Statutes. 


Deed  to  pur-      the  purchase  money,  execute  a  deed  for  the  same  to  the  pur- 

CQ&sor* 

Payment  to  Re- chaser,  and  the  balance  of  the  purchase  money  so  received 
by  him  shall  be  paid  to  the  City  Register. 

Ibid,  8. 87T,  8.     If  it  shall  appear  that  the  owner  of  the  said  lot  or  par- 

1862,  c.  148.  *^r  r 

Owner  of  prop-  ccl  of  ground,  prior  to  the  execution  of  the  deed  for  the  same 
by  the  Collector,  cannot  after  reasonable  effort  be  found,  or 


Investment  in 
cit/  stock,  &c. 


Ibid,  8.  878. 
1862,  c.  148. 
Redemption 
witbin  a  year 
and  a  day. 


shall  refuse  to  receive  said  balance  of  money,  then  in  either 
case  the  City  Register  shall  invest  the  same  in  any  public  debt 
of  the  State  of  Maryland  or  city  of  Baltimore,  and  shall  safely 
keep  the  same,  and  from  time  to  time  collect  the  interest  due 
thereon,  and  invest  the  interest  from  time  to  time  in  the  said 
stock. 

9.  When  any  lot  or  parcel  of  ground  in  the  said  city  shall 
be  sold  by  reason  of  the  non-payment  of  the  tax  or  assessment 
due  thereon,  the  owner,  or  other  persons  having  an  estate  or 
interest  therein,  shall  have  power  to  redeem  the  same  at  any 
time  within  one  year  and  a  day  from  the  day  of  sale,  on  pay- 
ing or  tendering  in  payment  to  the  Collector  the  whole  amount 
of  money  received  by  such  Collector  from  the  sale  of  the  lot 
or  parcel  of  ground  required  to  be  released,  and  a  further  sum 
of  one-half  per  cent,  per  month  interest  from  the  time  of  sale 
to  the  time  of  such  tender,  and  the  sums  so  paid  shall  be  by 
the  Collector  delivered  or  tendered  to  the  purchaser,  whose 
right  in  the  property  so  purchased  shall  thenceforth  cease  and 
determine. 


1874,  c.  483,  S 
61 


gort  to  judge  of 
ircuit  Court 
sales  of  lands 
for  taxes. 


10.  In  all  cases  where  lands  held  in  fee  simple  or  by  lease 
Collector  to  re-  have  been  sold,  or  shall  be  sold,  for  pavment  of  taxes  in  arrears, 
according  to  the  provisions  of  existing  laws,  it  shall  be  the 
duty  of  the  Collector  of  Taxes  to  report  the  said  sale,  together 
with  all  the  proceedings  had  in  relation  thereto,  to  the  Circuit 
Court  of  the  county  where  said  lands  are  situate,  or  when  said 
lands  are  situate  in  the  city  of  Baltimore,  to  the  Circuit  Court 
of  said  city.     The  court  to  which  such  report  shall  be  made 


Taxes.  1063 

Article  XLIX.— Statutes. 


shall  examine  the  said  proceedings,  and  if  the  same  appear  to 
be  regular,  and  the  provisions  of  law  in  relation  thereto  have 
been  complied  with,  shall  order  notice  to  be  given  by  adver-  iVotice  to  show 

cauM. 

tisement  published  in    such  newspapers   as   the  court  shall 
direct,  warning  all  persons  interested  in  the  property  sold  to 
be  and  appear  by  a  certain  day  in  the  said  notice  to  be  named, 
to  show  cause,  if  any  they  have,  why  said  sale  should  not  be 
ratified  and  confirmed,  and  if  no  cause  or  an  insufficient  cause  R»aficationef 
be  shown  against  the  said  ratification,  the  said  sale  shall,  by  ohwer't  utio. 
order  of  said  court,  be  ratified  and  confirmed,  and  the  pur- 
chaser shall,  on  payment  of  the  purchase  money,  have  a  good 
title  to  the  property  sold  ;  but  if  good  cause,  in  the  judgment 
of  the  said  court,  be  shown  in  the  premises,  the  said  sale  shall 
be  set  aside;  in  which  case  the  said  Collector  shall  proceed  to  Newiaie. 
a  new  sale  of  the  property  and  bring  the  proceeds  into  court,  Proceodings  in 

court. 

out  of  which  the  purchaser  shall  bo  repaid  the  purchase  money 
paid  by  him  to  the  collector  on  said  rejected  sale,  and  all  taxes 
assessed  on  said  real  estate  and  paid  by  said  purchaser  since 
said  sale,  and  all  costs  and  expenses  properly  incurred  in  the 
said  court,  with  interest  on  all  such  sums  from  the  time  of 
payment;  and  if  the  purchaser  has  not  paid  the  purchase 
money  or  the  subsequent  taxes,  to  apply  said  proceeds  to  the 
payment  of  the  taxes  for  which  said  real  property  may  have 
been  sold,  and  all  subsequent  taxes  thereon  then  in  arrears, 
with  interest  on  the  same  according  to  law,  and  the  cost  of  the 
proceedings;  but  such  sale  shall  not  be  set  aside  if  the  pro- 
visions of  law  shall  appear  to  have  been  substantially  complied 
with,  and  the  burden  of  proof  shall  be  on  the  exceptant,  to  Burden  of  proof, 
show  the  same  to  be  invalid  under  the  law.* 

*This  section  is  a  re-enactment  of  section  63  of  the  Act  of  1872,  c.  384, 
which  repealed  and  re-enacted  the  Act  of  1870,  c.  312,  on  the  same  subject. 

The  order  required  by  the  Act  of  1870,  c.  312,  to  be  given  by  the  court 
upon  the  report  of  a  sale  of  land  for  taxes  in  arrears,  warning  all  persons 
interested  in  the  property  sold  to  appear  by  a  day  certain  and  show  cause, 
if  any  they  have,  against  its  ratification,  is  not  final  and  conclusive.    Irre- 


1064  Taxes. 

Article  XLIX.— Statutes. 


1861,  c.  94,8.  1.      11.     AH  taxes  now  levied,  or  which  hereafter  may  be 
Within  what     levied  in  the  city  of  Baltimore,  shall  be  collected  within  four 

time  taxes  to  be  n         •  /. 

collected,  &o.  years  from  the  levying  of  the  same  ;  and  the  collection  or 
taxes  shall  not  be  enforced  by  law  after  the  lapse  of  said 
four  years,  and  the  party  from  whom  said  taxes  may  be  de- 
manded may  plead  this  section  in  bar  of  any  recovery  of  the 
same. 
ibid,8.2.  12.     Any  person  enforcing  or  attempting  to  enforce  the 

Penalty  for  col-  collcction  of  any  tax  after  the  lapse  of  four  years,  as  provi- 

lecting  taxes  ,  , 

after  four  years,  ded  in  the  preceding  section,  shall  be  liable  to  a  penalty  of 
twenty  dollars  for  each  and  every  offence,  recoverable  before 
a  justice  of  the  peace,  in  the  name  of  the  State  ;  one-half  to 
the  informer,  the  other  half  to  the  city  of  Baltimore. 

gularities  upon  the  face  of  the  proceedings  in  relation  to  such  sale  are  open 
to  examination  at  the  final  hearing  for  ratification.  Co.  CorrnnWs.  P.  Qeo^s. 
Co.<&c.,  V.  Clarke  et  al,  36  Md.  207. 

Sections  874,  [now  1878,  c.  237,]  875,  876  and  878,  of  Article  IV,  of  the 
Public  Local  Laws,  [sections  5,  6,  7  and  9  of  this  article,]  relating  to  taxes  in 
the  city  of  Baltimore,  are  not  repealed  by  the  Act  of  1872,  c.  384,  nor  by  the 
Act  of  1874,  c.  483,  entitled  an  Act  to  repeal  art.  81  of  the  Code  of  Public 
General  Laws,  entitled  Revenue  and  Taxes,  and  to  re-enact  the  same  with 
amendments.  Although  it  may  be  well,  always  in  the  notice  of  sales  for 
taxes,  to  state  the  time  within  which  the  debtor  may  redeem,  there  is  noth- 
ing in  the  law  which  requires  it,  and  the  omission  to  insert  it,  or  if  inserted 
a  mis-statement  of  the  time  would  not  aff'ect  the  validity  of  the  sale. 

The  Local  Law  applicable  to  the  city  of  Baltimore  does  not  direct  where 
sales  for  taxes  shall  take  place.  A  notice  which  states  that  the  sale  will 
take  place  at  the  Courthouse  door  "  or  at  such  otiier  place  as  may  Iwreafter  be 
designated"  is  fatally  defective.  In  the  notice  of  sale  both  time  and  place 
of  sale  should  be  certain  and  fixed. 

Section  63  of  the  Act  of  1872,  c.  384,  requiring  reports  of  sales  to  be 
made  to  the  court  by  the  Collector  of  Taxes,  provides,  that  the  judge  shall 
examine  the  proceedings,  and  if  they  appear  to  be  regular  shall  order  notice 
to  be  given  by  advertisement,  &c.,  and  if  no  cause  be  shown  against  the 
ratification,  the  sale  shall  be  ratified  and  confirmed,  "  but  if  good  cause,  in 
the  judgment  of  said  court,  be  shown  in  the  premises  the  said  sale  shall  be 
set  aside.  Held:  that  the  judge  may  set  aside  such  sale  without  said  notice 
by  advertisement,  if  he  find,  upon  the  preliminary  examination,  that  the 
proceedings  are  not  regular  and  in  conformity  with  law.  Exparte  in  the 
matter  of  the  Tax  Sale  of  Lot  172,  &c.,  42  Md.  196. 


Taxes.  i        1065 

Article  XLIX.— Statutes. 


BRIDGES  AND  HIGHWAYS. 

13.  The  Mayor  and  City  Council  may  lay  and  collect  a  p.|l.  l.  art.  4, 
direct  tax,  not  exceeding  fifty  cents  in  the  hundred  dollars,  xax'.by  Mayor;; 

and  Council. 

on  the  assessed  value  of  all  lands  and  houses  in  said  city, 
lying  without  the  limits  of  direct  taxation  and  within  the 
exterior  limits  of  said  city,  and  may  enforce  the  payment 
thereof  as  other  direct  taxes,  and  the  tenants  in  possession 
shall  be  liable  to  the  payment  of  said  tax  imposed  upon  the 
premises  occupied  by  them,  without  its  operating,  however,  to 
alter  the  nature  of  contracts  between  landlords  and  tenants. 

14.  The  taxes  thus  levied,  after  deducting  the  expenses  iwd, 8.137. 
of  collection,  shall  be  annually  applied  in  making  and  re- how  to  be>p. 

plied. 

pairing  such  of  the  public  highways  and  bridges  within  the 
limits  whereon  the  same  is  levied  as  they  may  deem  most 
important,  and  they  may  provide  by  ordinance  for  the  col- 
lection and  expenditure  thereof. 

APPEAL  TAX  COURT. 

15.  The  Mayor  and  City  Council  of  Baltimore  shall  an-  1874,  c.  i83,  s. 
nually  appoint  a  board  to  consist  of  at  least  three  persons,  Appointment  of 
to  be  styled  the  Appeal  Tax  Court,  who  shall  meet  from 

time  to  time,  for  the  purpose  of  hearing  appeals  and  making  Duties, 
transfers  and  correcting  the  accounts  of  assessable  property 
charged  to  tax  payers,  and  the  assessment  thereof;  the  said 
Mayor  and  City  Council  may  also  appoint  such  number  of 
assessors  as  they  may  deem  necessary  in  investigating  and 
ascertaining  all  omitted  property,  and  assessing  and  return- 
ing the  same  to  the  Appeal  Tax  Court. 

16.  The  Mayor  and  City  Council  shall  fill  all  vacancies  ibid,  s.  u. 
in  said  Appeal  Tax  Court,  as  soon  as  practicable  after  any  may  vacancies, 
happen  therein,  in  the  manner  provided  for  in  such  cases  of 
vacancies  of  other  city  officers  ;   and  the  members  of  said 


1066  Taxes. 

Article  XLIX.— Statutes. 


Compensation,  board  shall  receivc  such  compensation  as  the  Mayor  and  City- 
Council  shall  provide,  to  be  paid  by  the  city. 

Ibid,  ■.15.  17.     The  persons  appointed  to  compose  said  Appeal  Tax 

Oath.  Court,  and  the  said  assessors,  shall,  before  they  enter  upon 

the  performance  of  their  duties,  take  an  oath  before  the 
Mayor  of  Baltimore  City  that  they  will  well  and  faithfully 
perform  the  duties  required  by  law,  without  favor,  affection 
or  partiality. 

Ibid,  8. 00.  18.     The  Kegister  of  the  City  of  Baltimore  shall,  within 

Register  to       onc  mouth  after  the  first  day  of  April,  annually,  make  out 

make  out  list  of 

holders  of  city  and  dclivcr  to  the  Appeal  Tax  Court  for  the  city  of  Balti- 
more, a  full  and  accurate  list  of  the  holders  of  the  stock 
loans  of  said  city,  on  the  first  day  of  April  in  the  year  for 
which  said  list  is  made,  showing  the  several  amounts  held 
by  the  said  stock-holders  respectively. 

Ibid, 8. 01.  19.     The  said  Appeal  Tax  Court  shall  in  each  year  care- 

Duty  of  Appeal  fully  examine  the  said  list,  and  correct  the  same,  by  striking 

Tax  Court. 

therefrom  all  the  holders  of  said  stock  who  may  be  exempt 
from  taxation  on  said  stock,  and  shall  on  or  before  the  first 
day  of  June,  annually,  deliver  one  copy  of  the  said  list,  as 
corrected  by  them,  to  the  said  Register,  and  one  copy  thereof 
to  the  Comptroller,  setting  forth  distinctly  in  said  copies  the 
assessed  value  of  the  stock  mentioned  therein. 

Ibid,  8. 93.  20.     The  Register  of  the  City  of  Baltimore  shall,  on  the 

Duty  of  Regis-  first  day  of  July  in  each  year,  set  apart  and  pay  over  to  the 
Treasurer  of  this  State,  out  of  the  funds  in  his  hands  for  the 
payment  of  the  interest  becoming  annually  due  and  payable 
on  the  first  day  of  July,  the  State  tax  imposed  by  article  81 
of  Public  Greneral  Laws,  on  all  that  part  of  said  stock  loan 
included  in  the  said  corrected  list  returned  to  him  by  the 
Appeal  Tax  Court,  and  shall  deduct  from  the  interest  due 
and  payable  thereon,  to  each  holder  of  said  stock,  his  pro- 
portion of  the  amount  so  retained  and  paid  to  the  Treasurer. 


Taxes.  1067 

Article  XLLX.— Statutes. 


21.     If  the  said  Register  shall  at  any  time  fail  to  make  iMd,  •. «. 
out  and  deliver  to  the  Appeal  Tax  Court  the  list  of  holders  FaUure  of  Re- 
of  the  said  stock  loan,  as  herein  required,  it  shall  be  the  i»8t. 
duty  of  the  Appeal  Tax  Court  to  ascertain  in  such  manner  Duty  of  Appeal 

Tax  Court. 

as  they  may  deem  most  accurate,  the  amount  of  said  stock 
loans  of  the  city  of  Baltimore,  outstanding  on  the  first  day 
of  April  in  the  year  in  which  such  failure  or  refusal  shall 
take  place,  and  on  or  before  the  first  day  of  June  in  said 
year,  make  and  deliver  one  copy  of  a  statement  certified  by 
them,  showing  the  amount  of  said  stock  so  ascertained  by 
them,  and  its  assessed  value,  to  the  said  Begister,  and  one 
copy  thereof  to  the  Comptroller  of  the  State  ;  and  the  Reg- 
ister shall  thereupon  set  apart  and  pay  the  tax  aforesaid, 
and  deduct  the  same  from  the  interest  as  aforesaid  ;  but  the 
said  Register  shall  not  be  required  to  set  apart  and  pay  over  the 
said  tax  on  any  part  of  said  stock  loans  which  he  may  satisfy 
the  Comptroller  by  a  certificate  to  that  effect  signed  by  the  certiacato. 
Appeal  Tax  Court,  or  by  other  satisfactory  evidence,  was 
held  on  the  first  day  of  April  in  the  year  for  which  the  tax 
may  become  due,  by  any  person  entitled  under  the  laws  of 
this  State  to  hold  the  same  free  from  taxation. 

22      Each  member  of  the  Appeal  Tax  Court  shall  receive  ibid,  ■.  94. 
fifty  dollars,  annually,  for  the  service  required  in  the  preced-  compensation, 
ing  sections;  and  the  Register  of  the  City  of  Baltimore  the 
sum  of  three  hundred  dollars  for  the  services  therein  required 
of  him  ;  the  said  sums  to  be   paid  by  the  Treasurer  on   the 
warrant  of  the  Comptroller.* 


*  For  additional  duties  of  Appeal  Tax  Court  and  County  Commiasioners 
see  the  Act  of  1874,  c.  483,  see  also  the  Act  of  1878,  c.  178,  as  to  duties  of 
State  Tax  Commissioner  and  Appeal  Tax  Court  in  re-assessing  property,  and 
valuing  the  stock  and  real  estate  of  corporations. 


1068  Taxes. 

Article  XLIX. — Statutes. 


COLLECTOR  OF  STATE  TAXES. 

1874.  c.  483,  23.     The  Mayor  and  City  Council  shall,  on  or  before  the 

Appointment,  third  Tuesday  in  April  in  each  year,  or  as  soon  as  thereafter 
may  be,  appoint  one  collector  for  Baltimore  city,  for  the  col- 
lection of  all  State  taxes  levied  or  to  be  levied  for  the  current 
year  ;  and  it  shall  not  be  lawful  for  the  municipal  authori- 
ties of  said  city  to  provide  any  fixed  annual  or  other  stated 
compensation  for  the  collection  of  the  State  taxes,  or  a  salary 
of  any  kind,  to  the  said  Collector  for  his  services  in  collect- 
ing the  State  taxes,  otherwise  than  by  a  per  centum  on  the 
amount  of  his  collections,  as  contemplated  in  section  28 
hereof. 

Ibid,  8. 32.  24.     Every  collector  of  State  taxes  in  the  city  of  Balti- 

Bond.  more,  before  he  acts  as  such,  shall  give  a  bond  to  the  State 

of  Maryland  in  a  penalty  of  seventy-five  thousand  dollars, 

to  be  approved  by  the  Governor,  with  the  condition  that  if 

the  above  bound shall  well  and  faithfully  execute  his 

ofl&ce,  and  shall  account  with  the  Comptroller  for,  and  pay 
to  the  treasurer  of  the  State,  the  several  sums  of  money 
which  he  shall  receive  for  the  State,  or  be  answerable  for  by 
law,  at  such  times  as  the  law  shall  direct,  then  such  obliga- 
tion to  be  void,  otherwise  to  remain  in  fall  force  and  virtue 
in  law.  The  said  Collector's  bond,  when  approved  by  the 
Eecord  of  bond,  proper  authorities  in  the  city  of  Baltimore,  shall  be  recorded 
in  the  office  of  the  clerk  of  the  Superior  Court  of  Baltimore 
City,  and  when  approved  by  the  Governor,  shall  be  filed  in 
the  office  of  the  Comptroller  of  the  treasury. 

Ibid,  8.  S3.  25.    Every  collector  of  State  taxes  in  the  city  of  Balti- 

Deposits  to       more  shall  make  daily  deposits  of  such  sums  of  money  as  he 

credit  of  treas-  . 

«»«•  shall  receive  for  State  taxes  collected  by  him,  less  the  amount 

of  commission  allowed  him  for  the  collection  of  the  same, 
to  the  credit  of  the  Treasurer  of  the  State  of  Maryland,  in 


Taxes.  1069 

Article  XLIX.— Statutes. 


some  bank  in  said  city  which  pays  to  the  State  the  bonus  or  in  what  bank. 

school  tax,  as  provided  by  law,  to  be  designated  by  the  said 

treasurer,  and  shall  send  to  the  treasurer  a  statement  of  the  sutements. 

amount  so  deposited  within  the  first  ten  days  of  each  month, 

with  a  certificate  of  the  bank  that  the  same  is  so  deposited, 

and  on  failure  to  make  such  daily  deposits  and  to  send  such 

certificate,  he  shall,  on  proof  thereof  to  the  satisfaction  of 

the  Governor,  be  liable  to  removal  from  office  by  the  Gover-  Remoraiand 

nor,  and  the  Comptroller  shall  immediately  enter  suit  upon 

his  bond. 

26.  The  Treasurer  of  the  State  may  make  weekly  exami-  ibid,8.3i 
nation  of  the  books  of  the  collector  of  State  taxes  in  Balti-  Examination  of 
more  city,  whose  books  shall  always  be  open  to  such  inspec- 
tion. 

27.  If  there  be  no  collector  of  State  taxes  qualified  andiwd.s.as. 
compensated  in  conformity  with  the  foregoing  provisions  in  when  oover- 
said  city  by  the  fifteenth  day  of  May  in  any  year,  the  Gov-  coUectS'.'^  ° 
ernor  shall  appoint  from  any  part  of  the  State  a  collector  for 

the  said  city,  who  shall  give  bond,  with  sureties  to  be  ap-  Bond, 
proved  by  the  Governor,  and  be  in  all  respects  on  a  footing 
with  other  State  Collectors'  bonds,  as  provided  in  Article  81, 
P.  G.  L.,  and  the  said  Collector  shall  have  all  the  powers  of 
other  Collectors. 

28.  The  Mayor  a^d  City  Council  of  Baltimore  shall  levy  ibid.a.  «r. 
upon  the  city  of  Baltimore  such  commission  as  will  in  its  Levy  for  com 
judgment  insure  a  speedy  collection  of  said  taxes,  not  exceed- 
ing two  per  centum  on  the  amount,  to  be  placed  in  the  hands  percentage. 
of  said  Collector  for  the  city  of  Baltimore,  said  commission 

to  be  levied  for  the  use  of  said  Collector,  and  to  be  collected 
as  other  charges  are  collected.* 

*Thi3  act  of  1874,  c.  483,  repeals  article  81,  Revenue  and  Taxes,  Public 
General  Laws,  and  all  acts  or  parts  of  acts  inconsistent  witli  its  provisions, 
and  revises  and  codifies  the  Revenue  Law  of  the  State.    See  this  Act  for 


1070 


Taxes. 


Article  XLIX. — Ordinances. 


ORDINANCES. 


No.  iB,  Feb.  SI, 
»5»:No.  27,  Apl. 
1,  '64;    No.  65, 
Oct.  33, '65;  No. 
85,  July  1,  '68; 
No.  20,  Feb.  28, 
11;  No.  30,  Mar. 
17,  '71;    No.  6, 
Jan.  13,  '71 :  No. 
21,  Apr.  4,  '73. 
Appeal  Tax 
Court. 
Duties  and 
powers. 

Bond. 


Clerks. 


Duties. 


Salaries. 


APPEAL  TAX  COURT  AND  ASSESSORS. 

1.  Annually,  in  the  month  of  February,  there  shall  be 
appointed  as  other  city  officers  are  appointed,  three  sensible 
and  discreet  persons  to  constitute  and  be  styled  the  Appea,l 
Tax  Court,  upon  whom  shall  devolve  all  the  duties  and 
powers  provided  by  the  several  Acts  of  Assembly  and  the 
ordinances  relating  to  the  valuation  and  assessment  of  taxable 
property ;  which  said  persons  shall  be  appointed  and  com- 
missioned, and  shall  give  bond  for  the  faithful  discharge  of 
their  duties,  as  other  officers  of  the  city,  in  such  amount  as 
the  Mayor  may  approve.  There  shall  also  be  appointed  at 
the  same  time,  and  in  the  same  manner,  a  clerk  of  the  Ap- 
peal Tax  Court,  who  shall,  by  virtue  of  his  appointment,  be 
one  of  the  assessors  of  tax,  and  shall  perform  such  other 
duties  as  the  Appeal  Tax  Court  may  require.  There  shall 
also  be  appointed  one  assessor,  besides  the  one  who  shall  be 
appointed  clerk.  There  shall  also  be  appointed  an  assistant 
clerk  to  the  Appeal  Tax  Court,  whose  duties  shall  be  such 
as  may  from  time  to  time  be  prescribed  by  the  judges  of 
said  court.  The  salary  of  said  judges  shall  be  each  eighteen 
hundred  dollars  per  annum.  The  salarv  of  their  clerk  as 
such,  as  assessor  and  as  clerk  of  the  board  of  arbitration, 
shall  be  sixteen  hundred  dollars ;  the  salary  of  the  assessor 
shall  be  fourteen  hundred  dollars  per  annum  ;  and  the  salary 
of  the  assistant  clerk  shall  be  twelve  hundred  dollars  ;  and 
in  consideration  of  the  sums  named,  each  of  said  officers 
shall  be  required  to  perform  all  the  duties  imposed  on  them 

general  provisions  applicable  as  well  to  counties  as  to  the  city  of  Baltimore ; 
see  also  the  Act  of  1876,  c.  340,  (which  amends  this  Act  of  1874,  c.  483,)  and 
the  Act  of  1876,  c.  260,  which  provides  for  the  general  valuation  and  assess- 
ment of  property  in  the  State,  and  the  Act  of  1878,  c.  413,  which  amends  the 
preceding  acts.  The  Act  of  1878,  c.  380,  prescribes  the  rate  of  levy  of  State 
taxes. 


Taxes.  1071 

Article  XLIX. — Ordinances. 


by  the  provisions  of  this  ordinance,  or  any  duties  hereafter 
required  of  them  by  the  Mayor  and  City  Council. 

2.     The  assessors  of  tax  shall,  under  the  direction  of  the  ibid,  1.2. 
Appeal  Tax  Court,  assess  all  the  property  in  the  city  of  Bal-  Assessor*'  du- 
timore,  or  so  much  thereof  as  the  said  court  may  deem  ne- 
cessary, at  its  cash  value,  in  conformity  with  the  provisions 
of  the  several  Acts  of  Assembly  and  ordinances  in  relation 
thereto.     The  said  assessors  shall  have  and  exercise  all  the  Powers, 
powers  granted  to  assessors  under  said  Acts  of  Assembly  and 
ordinances. 


3.  The  judges  of  the  Appeal  Tax  Court  shall,  with  their  no.  m,  Apr.  24, 
clerks,  meet  at  their  office  daily  at  9  o'clock  A.  M.,  and  re-  omce hours  of 
main  until  3  o'clock  P.   M.,  to  attend  to  the  duties  re- c^im' 
quired  of  them  by  the  ordinances  of  the  Mayor  and  City 

Council  of  Baltimore. 

4.  The  judges  of  the  Appeal  Tax  Court  shall  give  public  no.  22,  s.  3. 
notice  at  least  two  weeks  previous  to  the  first  Monday  in  Notice  that  th«y 
March,  annually,  in  all  the  daily  papers  of  the  city,  that  iist«  of  prop- 
they  will  receive  from  all  persons  liable  to  taxation,  true  [[^oio  «»»•«»- 
and  correct  lists  of  all  their  property,  both  real  and  personal, 

except  such  as  may  be  exempt  from  taxation,  until  the  first 
Monday  in  June,  and  at  the  expiration  of  said  term  the 
assessors  shall  ascertain,  value  and  assess,  agreeably  to  their 
best  judgment,  the  property  liable  to  taxation  of  all  such 
persons  as  have  failed  to  render  a  list  of  the  same,  and  the 
property  so  assessed  is  that  which  shall  be  held  by,  or  in  the 
possession  of,  the  person  or  persons  to  whom  it  may  be 
assessed  on  the  first  day  of  March  in  each  and  every  year. 
After  the  assessors  shall  have  completed  the  valuation  as  Time  .iiowed 
aforesaid,  and  on  or  before  the  first  day  of  November,  the  *""  "pp"' "'«'• 
Appeal  Tax  Court  shall  give  at  least  two  weeks  notice  of 
the  same  in  all  the  daily  papers  of  the  city  of  Baltimore, 
and  require  all  persons  who  may  feel  themselves  aggrieved 


1072  Taxes. 

Article  XLIX. — Ordinances. 


by  the  valuation  and  assessment  aforesaid  to  appeal ;  and 

any  aggrieved  person  or  persons  may,  on  or  before  tbe  first 

Alterations,  »d-  Mondav  in  December,  appeal  to  said  court ;  and  alterations, 

ductions.         additions,  or  deductions  may  be  made,  although  there  be  no 

appeal,  if  the  Appeal  Tax  Court  shall  deem  such  alterations 

When  the  vai-  requisite  :  and  the  valuation  of  the  property  as  it  shall  ap- 

nation  shall  be       ^  '  f      f       J  f 

*'»'•  pear  upon  the  assessors'  books  on  the  first  Monday  in  March, 

shall  be  final  and  conclusive,  and  constitute  the  basis  upon 
which  the  taxes  for  the  ensuing  year  shall  be  assessed  and 
levied. 

ibid,i.4.  5.     On  the  first  Monday  in  March  in  each  and  every  year, 

statement  of     it  shall  be  the  duty  of  the  Appeal  Tax  Court  to  render  to 

amount  of  as- 

'err^o^om  Comptroller,   in   writing,   a   statement  of   the   whole 

troiier.  amouut  of  asscssablo  property  on  which  taxes  may  be  levied, 

and  a  detailed  written  statement  showing  the  amounts  of 
the  additional  assessments  made  on  which  taxes  have  not 
been  levied  for  the  preceding  year  ;  it  shall  also  be  the  duty 
Kepwtto  of  the  Appeal  Tax  Court  to  make  a  written  report,  in  detail, 
to  the  Mayor,  on  or  before  the  first  Monday  in  March,  an- 
nually, showing  the  amount  of  assessable  property  abated 
during  the  preceding  year,  and  the  amount  which  is  to  be 
placed  to  the  credit  of  the  collector  for  said  abatements,  to- 
gether with  the  amounts  ordered  to  be  charged  to  suspended 
accounts  ;  and  on  the  same  day  make  up  a  statement  of  the 
assessable  property  of  the  city,  and  sign  and  enclose  the 
same  to  the  Comptroller  of  the  Treasury  of  the  State  of 
Maryland. 

Ibid,  8. 5,  6.     Upon  the  application  of  any  bank,  insurance  company, 

JuytkJt'^^tpl  ^^  ^*^^^  private  corporation,  the  Appeal  Tax  Court  may 
lations.  make  such  arrangements  with  said  banks,  insurance  com- 

panies or  private  corporations,  in  an  equitable  manner,  so  as 
to  fix  the  value  of  the  stocks  of  each  corporation  on  the  first 
day  of  March  annually,  on  which  the  taxes  may  be  paid  by 
the  corporation  without  resort  to  individual  stockholders. 


Taxes.  1073 

Article  XLIX. — Ordinances. 


1.     The  clerk  of  the  Superior  Court  of  Baltimore  City  iwa,  s.  6. 

shall  annually,  between  the  first  day  of  January  and  the  cierk  of  supe- 
rior Court  to 

first  day  of  February,  make  out  for  and  deliver  to  the  Ap- '""ish  iist  of 

•'  *'  '  ^     alienations  of 

peal  Tax  Court  a  list  of  alienations  of  real,  leasehold,  house-  Srortg'age8"en. 
hold  and  other  property  in  said  city  entered  on  record  dur-  ^^^^"^  °°  '^*'^°'  ' 
ing  the  past  year  from  incorporated  institutions  to  individ- 
uals, and  all  mortgages  given  in  favor  of  residents  of  the 
city  of  Baltimore,  and  a  list  of  releases  of  such  mortgages  Releases  of 

mortgages  ■ 

as  had  previously  been  reported  to  the  Appeal  Tax  Court. 

8.  The  Appeal  Tax  Court  are  authorized  to  abate  assess-  iwd, «.  ?. 
ments  on  the  books  whenever  the  Collector  shall  on  his  affi-  when  to  abate 

.  ...  .     .  assessments. 

davit  declare  that  in  his  judgment  and  opinion  the  taxes  so 
reported  cannot  be  collected,  or  upon  other  satisfactory  evi- 
dence, the  Appeal  Tax  Court  shall  direct  the  Collector  to  when  to  close 

accounts. 

close  up  said  accounts  on  his  books.  And  the  said  Collector 
may  present  to  the  Appeal  Tax  Court  any  account  on  his 
books,  the  collection  of  which,  in  his  opinion,  is  deemed 
doubtful,  and  upon  the  declaration  of  the  Collector  that  dili- 
gent inquiry  has  been  made  in  reference  to  such  account, 
then  the  amount  shall  be  charged  to  suspended  accounts  for  whentocharge 

.,.,,  ,  iii  ■irn**'  suspended  ac- 

the  year  m  which  the  taxes  were  due  ;  and  the  Appeal  Tax  counts. 
Court  may  give  such  directions  as  may  be  deemed  best  cal- 
culated to  secure  the  payment  of  any  or  all  such  accounts, 
and  so  much  thereof  as  may  be  collected  shall  be  credited  on 
the  suspended  accounts. 

9.  It  shall  be  the  duty  of  the  Appeal  Tax  Court  to  ex- no.  ss,  June  n, 
amine  into  all  claims  for  a  return  of  taxes  alleged  to  have  Refunding  taxes 
been  paid  in  error,  and  it  upon  examination  by  the  Appeal 

Tax  Court  it  shall  clearly  appear  that  such  claim  or  claims 
are  well  founded,  and  that  such  taxes  have  been  paid  errone- 
ously, the  court  may  direct  the  Register  by  order  or  orders 
in  writing  to  refund  or  repay  the  same,  and  shall  reject  all 
such   claims   as   may  be   considered   doubtful   or   not  well 


1074 


Tajceb. 


Article  XLIX. — Ordinances. 


Statement. 


Alleged  pay- 
ment. 


Limitation.  founded,  provided  not  more  than  four  years  have  elapsed  from 
the  first  day  of  May  in  the  year  in  which  the  levy  was  made 
for  said  taxes  to  the  time  application  is  made  for  the  refund- 
ing of  the  same.     And  the  Appeal  Tax  Court  shall  keep  a 

List  of  claims,  corrcct  list  or  account  of  all  claims  for  taxes  presented  to  or 
examined  hy  said  court,  which  shall  contain  the  name  or 
names  of  the  person  or  persons  presenting  such  claims,  and 
the  amount  of  each,  including  those  rejected,  and  transmit 
a  copy  thereof  annually  in  February,  setting  forth  those  al- 
lowed as  well  as  those  rejected,  with  the  reason  for  rejecting 
the  same,  and  upon  the  representation  of  any  taxpayer  that 
he  or  she  has  paid  the  taxes  for  which  the  Collector  has  de- 
manded payment,  the  Appeal  Tax  Court  are  hereby  author- 
ized to  investigate  the  case,  if  the  party  shall  declare  his  or 
her  receipt  has  been  destroyed  or  lost,  and  if  undoubted 
proof  or  satisfactory  evidence  is  given  that  the  said  bill  has 
been  paid,  the  claim  shall  be  abated. 

No  23,8. 9, Feb.      10.     The  Appeal  Tax  Court  may  correct  errors  discovered 

21, '59.  .  . 

To  correct        ou  the  asscssmcnt  books  in  the  description  of  property,  in 

errors. 

the  ownership  of  property,  and  errors  in  calculations,  may 
make  deductions  in  whole  or  in  part,  in  cases  of  loss  by  fire, 
or  of  perishable  property,  where  satisfactory  evidence  of 
To  make  trans-  such  loss  is  givcu.  Said  Appeal  Tax  Court  may  make  trans- 
fers of  property  if  the  taxes  are  paid  up  to  and  including 
the  year  in  which  the  transfer  is  proposed  to  be  made.  In 
case  of  sale  or  transfer  it  shall  be  the  duty  of  the  Appeal 
Tax  Court  to  interrogate  the  person  or  persons,  on  oath,  in 
reference  to  acquisitions  or  investments  made  by  persons  ap- 
plying for  transfers  or  abatements,  and  the  amount  of  such 
acquisitions  in  any  description  of  security  shall  be  added  to 
the  assessable  property  of  the  person  so  applying,  and  if  the 
party  making  application  refuse  to  answer,  no  allowance 
whatever  shall  be  made. 


fers. 


i 


Taxes.  1075 

Article  XLIX. — Ordinances. 


11.  Every  person  who  shall  remove  to  the  city  from  the  iMd.s.  lo. 
county,  district  or  city  in  which  his  or  her  property  is  or  Persons  remov- 
may  have  been  valued,  or  from  any  other  place  without  the  quired  to  give 

•'  }  >i  k  account  of  per- 

State,  and  where  personal  property  shall  not  have  been  val-  ifa^/e  ^"ErM 
ued  in  said  city,  shall  give,  and  he,  she  or  they  are  hereby  *****'' 
directed  and  required  to  give  to  the  Appeal  Tax  Court  a 
full  account  of  his,  her,  or  their  personal  property  in  said 
city  liable  to  be  assessed  in  said  city,  and  the  name  of  the 
person  to  whom  any  property  owned  by  them,  or  under  their 
control,  or  management  belongs  ;  and  any  person  refusing 
to  give  such  account  after  ten  days'  notice  shall  be  subject 
to  the  penalties  imposed  on  persons  refusing  or  neglecting  to  Penalties, 
account  to  assessors  as  herein  provided.     And  the  Appeal 
Tax  Court  shall  direct  the  assessors  to  proceed  to  value  the 
property  for  such  sum  as  they  may  believe  the  same  to  be 
worth,  and  record  the  same  on  the  assessors'  books. 

12.  It  shall  be  the  duty  of  the  Appeal  Tax  Court  and  the  iMd, ».  n. 
assessors  of  tax  to  inform  themselves  by  all  lawful  ways  and  Appeal  Tax 

*'  ^  •  Court  to  find  out 

means,  in  such  manner  as  they  may  deem  best,  in  reference  pe^y  uaSu  to"* 
to  all  property  in  the  city  liable  to  taxation,  and  which  may  ***"**'°- 
have  escaped,  or  which  may  have  been  omitted  in  the  regular 
course  of  valuation,  and  the  assessors  shall  value  such  pro- 
perty, and  record  the  same  on  the  assessment  books ;  pro-  Proviso, 
vided  no  person  shall  be  assessed  unless  they  own  or  possess  Limit, 
property  to  the  value  of  fifty  dollars. 

13.  The  Appeal  Tax  Court  shall  prepare  a  list  of  the  iwd,  s.  12. 
rates  allowed  by  law  to  bailiffs  in  the  Collector's  office,  and  List  of  rates  ai- 

''  '  lowed  to  bailiffs. 

specify  the  ciises  wherein  bailiffs  are  allowed  by  law  to  make 
an  additional  charge  on  the  tax  bills  as  made  out  by  the  Col- 
lector.    The  rates  and  other  regulations  for  bailiffs  shall  be  Bailiffs' rates  to 
printed,  and  placed  in  the  office  of  the  Appeal  Tax  Court, 
and  in  conspicuous  places  in  the  Collector's  office. 

14.  The  bailiffs  appointed  by  the  Collector  shall  have  and  No.  34,  May  31, 

^^  •'  '65;  No.  no,  Oct. 

exercise,  under  the  direction  of  the  Appeal  Tax  Court,  all  26,  '73 ;  no.  31, 

'  ^^  ^  Mar.  29, '76, 


1076  Taxes. 

Article  XLIX. — Ordinances. 


Collector's  bail-  the  powers  of  assessors,  as  provided  in  this  ordinance,  and 

iffs  to  act  as  as-  .  .  in  ^  •  i 

sessors,  for  their  services  as  assessors  they  shall  each  receive  the  sum 

Salary.  of  two  hundred  and  twenty-seven  dollars  and  twenty-seven 

cents  per  annum,  payahle  monthly  ;  provided,  not  more 
than  twenty-two  bailiffs  shall  be  so  employed. 

No.  22,8. 13,         15.     The  judges  of  the  Appeal  Tax  Court,  as  provided  in 
Judges  of  Ap-    the  first  section  of  this  ordinance,  are  hereby  constituted  and 

peal  Tax  Court 

constituted  a     established  a  board  of  arbitration,  for  the  purpose  of  adiust- 

board  of  arbi-  '  *■        •■■  "^ 

tration.  j^g  a,nd  Correcting  matters  at  issue  or  in  dispute,  wherein 

the  city  is  one  of  the  parties,  in  such  cases  as  are  or  may 

Clerk.  hereafter  be  provided.     The  clerk  of  the  Appeal  Tax  Court 

shall  also  be  clerk  of  the  board  of  arbitrators  ;  the  said  clerk 

Record.  shall  keep  a  fair  and  full  record  of  their  proceedings,  and 

perform  all  other  duties  the  board  may  direct.  No  member 
of  the  board  nor  the  clerk  shall  make  any  charge  whatever 
for  their  services  as  arbitrators  or  clerk  to  the  board.  The 
said  board  of  arbitrators  shall  hold  their  sessions  in  the 
office  of  the  Appeal  Tax  Court,  at  such  a  day  and  hour  as 
the  Appeal  Tax  Court  may  designate,  and  at  such  time  as 
their  services  may  be  required  as  arbitrators. 

Ibid,  s.  14.  16.     The  action  and  decisions  of  said  board  shall  in  no 

Decisions  not  to  case  couflict  with  existing  laws,  ordinances  or  other  estab- 

conflict  with        tit  ■,       • 

|xisting  laws,  lished  regulations  of  the  city  government,  and  said  board 
shall  not  interrupt,  interfere  with  or  prevent  any  officer  of 
the  city  in  the  prosecution  or  performance  of  his  legitimate 
duty. 

Ibid,  s.  15.  17.     In  case  any  account,  bill,  claim  or  demand,  for  or 

To  investigate   agaiust  the  city,  shall  be  rejected  or  disputed,  the  party  de- 
cases  of  dispute  .  1       •       1  IT  f  r        J 

5^nd  report  to  murriQg  may  submit  the  case  to  said  board  for  correction  or 
adjustment,  and  if  either  party  in  the  case  fail  to  appear 
they  shall  proceed  to  investigate  the  case  on  the  best  evi- 
dence that  can  be  obtained,  and  if  both  parties  appear,  the 
board  shall  hear  the  case  stated  by  the  party  demurring  and 


Taxes.  1077 

Article  XLIX. — Ordinances. 


then  by  the  defendant,  and  examine  such  evidence  as  may 
be  produced,  and  report  their  proceedings  to  the  Mayor  for 
his  approval  or  rejection. 

18.  Whenever  any  officer  of  the  corporation,   with  the  iwd.s.  le. 
approval  of  the  Mayor,  and  the  concurrence  of  all  the  par- cases  in  which 
ties  concerned,  shall  agree  to  submit  any  case  in  controversy  board  sbaii  be 
to  the  board  for  arbitration  or  correction,  on  giving  bond  Bond, 
when  required,  to  abide  by  the  decision,  the  board  shall  ex- 
amine the  case  submitted,  in  all  its  bearings,  and  give  their 
decision  or  award,  which  shall  be  final  as  far  as  the  city  is 
concerned. 

19.  On  the  representation  of  two  or  more  responsible  per-  ibid,  g.  n. 
sons,  made  in  writing  to  the  board  of  arbitration,  declaring  Board  empow- 
themselves  aggrieved  by  any  officer  of  the  city  in  an  unlaw-  gate  caseYoi 

...  I  1    .      .     grievance  by 

ful  manner,  the  board  may  inquire  into  the  case,  and  if  it  any  officer  or 
be  of  such  nature  as  to  require  investigation,  the  board  may 
call  before  them  the  officer  against  whom  complaint  has 
been  made,  and  examine  the  charge,  and  if  necessary,  hear 
testimony  or  evidence,  on  oath  or  otherwise,  and  submit  their 
decision  to  the  Mayor. 

20.  In  case  of  death,  dismissal,  or  removal  from  office,  iwd.s.  w;  No 

21   Apr.  4  '73. 

the  Mayor  is  hereby  authorized  to  fill  any  vacancy  that  may  tL  MaVe'rau- 
occur  for  the  unexpired  term  of  the  judges  of  the  Appeal  vacancies. 
Tax  Court  and  the  clerks  or  the  assessors. 

21.  The  faith  of  the  city  is  pledged,  that  no  tax  shall  be  junei.'aa. 
levied  or  collected  by  the  corporate  authorities  thereof  on  Faith  of  city 
any  stock  debt  of  said  city.  emption  of  city 

•'  stoclc  from  tax- 

ation. 


PERMITS  TO  ERECT  BUILDINGS. 


22.     It  shall  not  be  lawful  for  any  person,  without  a  permit  No.87,8.i,Api. 
from  the  Appeal  Tax  Court,  to  erect  within  the  limits  of  thes.'a,  oct.  a7','74! 
city  any  building  upon  a  new  foundation,  whether  in  connee-  permits, 
tion  with  an  existing  building  or  not,  or  to  pull  down  any  old 


1078  Taxes. 

Article  XLIX. — Ordinances. 


building  or  part  of  a  building  to  the  ground,  and  build  upon 
the  old  foundation,  or  to  put  an  additional  story  upon  any 
building  or  part  of  a  building  by  increasing  the  height  of  the 
walls;  and  any  party  or  parties  who  may  build  within  the 
Permit  for  each  citv  of  Baltimore  shall  be  required  to  take  out  a  permit  for 

house.  ''  Mr 

each  and  every  house  he  or  they  may  purpose  to  build. 

No. U6,s. 3,  23.     Any  party  or  parties  offending  against  the  preceding 

3J^s.  2,5Apr.  a,  section  shall  be  subject  to  a  penalty  of  not  more  than  twenty 
Penalty.  dollars  and  not  less  than  five  dollars,  and  it  shall  be  the  duty 

Duty  of  bailiffs,  of  the  bailiffs  employed  in  the  Collector's  office  to  attend  to  the 
collection  of  such  fines. 

No.  89,  Oct.  13,       24.     Whenever  application  is  made  to  the  judges  of  the  Ap- 

piataof  ground  pcal  Tax  Court  for  a  permit  or  permits  to  erect  any  new  build- 
to  be  improved.  .,.,,., 

mg  or  buildings,  the  party  or  parties  making  such  application 

shall  be  required,  before  such  permit  or  permits  are  granted,  to 
file  with  the  said  Appeal  Tax  Court  a  plat  accurately  describ- 
ing the  piece  or  parcel  of  ground  to  be  improved,  giving  the 
front  and  depth  thereof,  its  distance  from  the  nearest  estab- 
lished corner  of  a  street,  lane  or  alley,  and  the  number  of  im- 
provements (if  more  than  one)  proposed  to  be  erected  thereon. 

u^'-M-^No'^^'''  ^^'  ^^  ®^^^^  ^^  *^®  ^"^-^  ^^  *^^®  j"<3ges  of  the  Appeal  Tax 
Mar.  9,  '76.       Court  to  grant  such  permits  on  application  without  charge,  and 

Record  to  be  -^  '  '  "    ' 

kept.  to  keep  a  record  of  all  permits  issued. 

}J5;  ^''' -^P""- ^°'  26.  Any  person  who  has  received  a  permit  from  the  Ap- 
fhow'pemuto  P^^^  "^^^  Court,  as  herein  provided,  and  who  shall  refuse  to 
goiice  officer,  exhibit  Said  permit  when  thereto  required  by  any  police  officer 
Penalty.  or  officcr  of  the  city,  shall   forfeit  and    pay   a   fine  of  five 

dollars. 

jitf."27°'7^4!'  ^'^*     ^^^  Board  of  Police  Commissioners  are  requested  to 

fh°a"permTtsare^°^*^"^*  *^®^^  officcrs  to  make  diligent  inquiry  of  all  parties 
applied  for.      building  withiu  the  limits  of  the  city  if  they  have  procured 
the  proper  permits  as  herein  required. 


Taxes.  1079 

Article  XLIX. — Ordinances. 


COLLECTOR. 

28.  There  shall  be  appointed  annually,  in  the  month  ofNo.  46,  ■.  i, 

T^   ,  ,  .  «.  .  ,  1,  -June  2, '62;  No. 

i^ebrnary,  as  other  city  oincers  are  appointed,  a  collector  of  68,  Nov.  it, 'es. 
taxes,  to  be  styled  the  City  Collector,  whose  duty  it  shall  be  Appointment, 
to  collect  all  taxes  of  every  description  levied  or  assessed  by 
the  Mayor  and  City  Council  of  Baltimore,  or  by  the  General 
Assembly  of  Maryland  ;  who,  before  entering  on  the  duties  of 
his  office,  shall  give  bond  to  the  corporation," with  security  to  Bond, 
be  approved   by  the  Mayor  and  the  Presidents  of  the  two 
Branches  of  the  City  Council,  or  any  two  of  them,  the  Mayor 
being  one,*  in  the  penal  sum  of  seventy-five  thousand  dollars, 
conditioned  for  the  true  and  faithful  performance  of  the  trust  conditions, 
confided  to  him,  and  of  the  duties  required  of  him  by  the  Acts 
of  Assembly  and  ordinances  of  the  city  of  Baltimore,  now 
existing  or  that  may  hereafter  be  passed,  and  also  for  the  pay- 
ment, on  or  before  the  fifth  day  of  each  and  every  month,  to  Payment  to 

'  .  "^  J  ■>         Register. 

the  Register  of  the  City,  or  such  other  officer  or  officers,  person 
or  persons,  as  may  be  authorized  to  receive  the  same,  of  all 
such  sum  or  suras  of  money  as  he  may  have  received  since  the 
previous  payment,  with  a  detailed  statement,  to  be  rendered  statement  un- 

^  *^    *'.  '  deroath. 

under  oath,  showing  the  particular  sources  from  which  the 
money  was  received. 

29.  The  Collector  shall  enter  upon  the  discharge  of  the  iwd,  s.  a. 
duties  of  his  office  on  the  first  Monday  in  March  in  each  and  Termor  office, 
every  year,  and  his  term  of  office  shall  expire,  and  all  his 
authority  as  Collector  shall  cease  on  the  day  next  preceding 

the  first  Monday  in  March  following,  unless  he  shall  have 
been  re-appointed  as  provided  in  the  preceding  section. 

*  The  Act  of  1874,  c  483,  prescribes  the  following  as  the  condition  of  such 

bond;  If  the  above  bound  shall  well  and  faithfully  execute  his  office, 

and  shall  account  for  and  pay  to  the  Mayor  and  City  Council  of  Baltimore 
the  several  sums  of  money  which  he  shall  receive  for  the  city,  or  be  answer- 
able for  by  law,  at  such  times  as  the  law  shall  direct,  then  the  said  obliga- 
tion shall  be  void ;  otherwise,  &c. 


1080 


Taxes. 


Article  XLIX.— Ordinances. 


Ibid,  8.  3. 

Remoral  from 
office. 


30.  Any  City  Collector  appointed  by  virtue  of  this  ordi- 
nance may  be  removed  or  suspended  for  cause  by  the  Mayor, 
with  the  concurrence  of  a  majority  of  both  branches  of  the 
City  Council,  or  he  may  be  removed  by  a  vote  of  two-thirJs 
of  each  branch  of  the  said  council  without  the  concurrence 
of  the  Mayor  ;  and  it  shall  be  the  duty  of  the  Collector,  when 
so  removed  or  suspended  from  office,  as  herein  provided, 
forthwith  to  deliver  to  the  Register  all  the  money,  books 
and  papers  that  may  be  in  his  possession  at  the  time  of  such 
removal  or  suspension  ;  and  in  case  of  the  suspension,  re- 
moval, resignation  or  death  of  the  Collector,  the  Register  is 
hereby  authorized  and  required  to  perform  all  the  duties  of 
Collector,  until  he,  the  said  Collector,  is  reinstated,  or  his 
successor  has  been  appointed,  and  shall  have  duly  qualified, 
as  the  case  may  be. 

31.  As  soon  as  charges  are  preferred  against  said  Collec- 
tor by  the  Mayor  or  either  branch  of  the  City  Council,  which 
affect  his  official  character,  it  shall  be  the  duty  of  the  Mayor 
immediately  to  suspend  him  from  office,  and  at  the  same 
time  furnish  him  with  a  copy  of  the  charges  against  him  ; 
and  the  said  Collector  shall  have  the  privilege  of.answering 
the  same  before  the  City  Council  in  convention,  by  attorney 
or  otherwise. 

32.  It  shall  be  the  duty  of  the  Mayor,  in  case  of  resig- 
when  Mayor  to  nation,   suspeusion   from  office,  or   death  of  the  Collector, 

convene  Coun- 
cil- during  a  recess  of  the  City  Council,  to  convene  said  council 

within  three  days  thereafter,  for   the  purpose  of  examining 

the  charges  preferred  against  him,  and  of  filling  the  vacancy 

in  case  of  removal,  resignation   or  death  of  said  Collector. 

33.  It  shall  be  the  duty  of  the  Collector  to  cause  to  have 
prepared  annually,  in  the  month  of  December,  all  the  books 
req^uired  for  conducting  the  business  of  his  office  during  the 
ensuing  year.* 


Delivery  of 
money,  hoolcs, 
&c.  to  Register. 


When  Register 
to  act  as  Collec- 
tor. 


Ibid,  8.  i. 

Charges  against 
Collector. 


Suspension. 


Answering. 


Ibid,  3.  S 


Ibid,  s.  6. 

Books  for  en- 
suing year. 


•  See  p.  571,  &c. 


Taxes.  1081 

Article  XLIX. — Ordinances. 


34      It  shall  be  the  duty  of  the  Collector  to  enter  in  the  iwd,  8.7. 
books  of  his  office  all  accounts  of  taxes  and  money  to  be  Accounts  for 

.  collection. 

by  him  collected ;  and  also  to  enter  in  said  books  the  names 
of  all  the  owners  of  property  taken  from  the  assessment  lists, 
with  a  particular  description  of  the  same,  an  1  all  other  tax- 
able articles,  with  the  rate  and  amount  of  taxes  charged  to 

each  of  said  owners ;  and  he  shall  also  enter  the  payments  Payments,  in- 
solvencies, 
received,  insolvencies  and  abatements  allowed,  and  transfers  abatements  and 

'  translers. 

made  ;  and  it  shall  be  the  further  duty  of  said  Collector  to 
enter  on  his  ledgers,  alphabetically,  the  entire  account  of  each  Accounts  of  ux 
tax-payer,  in  one  place,  so  that  the  whole  may  be  seen  and  ^^^^"' 
examined  by   the   several   persons   to  whom  the  taxes  are 


35.  It  shall  be  the  duty  of  the  Collector  daily  to  deposit  iwd.s.  8. 
to  his  credit,  as  Collector  of  the  City,  in  the  bank  designated  oeposiuin 
by  ordinance  for  the  keeping  of  the  account  of  the  Register, 

all  monies  collected  by  him  ;  and  in  case  of  the  death,  resig- 
nation, removal  or  suspension  from  office  of  the  said  Collector,  when  Register 
the  amount  of  money  so  deposited  shall  be  drawn   by  the 
Register,  upon  an  order  countersigned  by  the  Mayor  and 
Comptroller. 

36.  It  shall  be  the  duty  of  the  Collector,  within  one  week  ibid,  8.9. 
after  the  final  passage  of  each  annual  levy  for  city  taxes,  Notice, 
and  the  reception  of  the  same  by  him,  to  give  notice  by  ad- 
vertisement in  all  of  the  regular  daily  papers  published  in  Publication, 
the  city,  including  those  published  in  the  German  language, 

for  at  least  one  week,  that  the  tax  bills  on  such  levy  arexaxbiUs. 
ready  for  delivery,  and  requesting  all  persons  liable  to  taxa- 
tion to  call  at  his  ofiice  and  receive  the  same. 


37.     It  shall  be  the  duty  of  the  Collector,  as  soon  as  each  iwd.s.  i«. 
annual  levy  is  made,  to  separate  the  tax  on  real  estate  and  Taxes  on  re 

estate,  pers 

chattels  real,  from  the  tax  on  personal  chattels,  stocks  of  in- chattels,  &c 
corporated  institutions  and  other  like  securities,  in  all  bills 


1082  Taibs. 

Article  XLIX. — Ordinances. 


or  charges  issued  by  him  for  the  collectioa  of  city  taxes,  and 
he  shall  require  the  latter  tax  to  be  paid  within  five  months 
from  the  first  day  of  May  in  each  and  every  year ;  and  the 
said  Collector  is  hereby  authorized  and  directed  to  allow  on 
Discounts  on     the  respcctive  bills  so  made  or  charged,  on  personal  chattels, 

personalty.  .      .  n  •  i  ^• 

stocks  and  other  like  securieties,  as  aioresaid,  a  discount  of 
eight  per  cent,  if  paid  on  or  before  the  first  day  of  May,  in 
the  year  for  which  said  taxes  are  imposed  ;  if  paid  on  or  be- 
fore the  first  day  of  June,  six  per  cent. ;  if  paid  on  or  before 
the  first  day  of  July,  four  per  cent.;  if  paid  on  or  before  the 
first  day  of  August,  two  per  cent. ;  and  if  paid  on  or  before 
the  first  day  of  September,  one  per  cent. 

Ibid,  8. 11.  38.     If  said  taxes  levied  on  personal  chattels,  stocks  and 

Enforcement  of  sccurieties  as  aforcsaid,  be  not  paid  on  or  before  the  first  day 
of  October,  in  the  year  for  which  the  levy  is  made,  payment 
of  the  same  shall  be  enforced  under  any  enactment  existing 
for  the  collection  by  distress,  sale  or  otherwise,  of  real  or 
personal  property  for  the  non-payment  of  taxes. 

Ibid,  8. 12.  39.     If  the  said  taxes  levied  on  real  estate  and  chattels 

Discount  on      real,  bc  paid  on  or  before  the  first  day  of  May,*  in  the  year 

realty.  o  ^  •   ^  •  t 

for  which  said  taxes  are  imposed,  the  Collector  is  hereby  au- 


thorized and  directed  to  allow  on  the  respective  bills  so  made 
and  charged,  a  discount  of  five  per  cent.;  if  paid  on  or  before 
the  first  day  of  June,  four  and  one-half  per  cent. ;  if  paid  on 
or  before  the  first  day  of  July,  four  per  cent.,  if  paid  on  or 
before  the  first  day  of  August,  three  and  one-half  per  cent.; 
if  paid  on  or  before  the  first  day  of  September,  three  per 
cent.;  if  paid  on  or  before  the  first  day  of  October,  two  an^i 
one- half  per  cent.;  if  paid  on  or  before  the  first  day  of  Nov- 
ember, two  per  cent.;  if  paid  on  or  before  the  first  day  of 
December,  one  per  cent.;  and  if  paid  on  or  before  the  thirty- 
first  day  of  December,  one-half  of  one  per  cent.     On  all  of 

*  For  discount  on  State  taxes,  see  1874,  c.  483,  sec.  45. 


Taxes.  1083 

Article  XLIX. — Ordinances. 


said  bills  not  paid  on  or  before  the  first  day  of  January  next  when  interest 

added. 

succeeding  the  year  for  which  said  taxes  are  imposed,  interest 
at  the  rate  of  six  per  cent,  per  annum  shall  be  added,  com- 
puting from  said  first  day  of  January  until  paid. 

40.  It  shall  be  the  duty  of  said  Collector  to  cause  to  have  iwd.s.  13. 
made  out  and  delivered,  a  bill,  on  or  before  the  first  day  of  when  bins  to 
November,  in  each  year,  to  each  person  assessed  for  city  or 

State  taxes  on  real  estate  and  chattels  real,  as  aforesaid,  or 
to  his,  her  or  their  agent,  or  left  at  the  place  of  abode   of 
such  person  or  agent  of  the  property  so  charged,  and  not 
calling  for  a  copy  of  his,  her  or  their  bill  of  taxes  for  the 
current  year  ;  and  further  giving  notice  at  the  same  time  on  Notice  on  wub. 
the  back  or  face  of  said  bills,  that  unless  the  taxes  shall  be 
paid  on  or  oefore  the  first  day  of  January  next  ensuing,  the 
said  bills  will  be  placed  in  the  hands  of  bailifis,  who  shall  Bailiffs, 
at  once  proceed  to  collect  the  same  as  provided  for  by  exist- 
ing laws  ;  and  further,  the  agent  or  agents  of  said  Collector, 
delivering  the  bills  as  aforesaid,  shall  keep  a  memorandum  Memorandum 
book,  in  which  he  or  they  shall  accurately  note  the  names  of 
persons  so  notified,  with   the  place  and   time  of  delivery  of 
said  bills  ;  and  in  order  that  all  due  information  may  be  given 
to  the  taxpayer,  in  reference  especially  to  the  various  rates  of 
discount  allowed  for  prompt  payment  of  the  several  kinds  of 
taxes,  as  well  as  the  condition  of  interest  for  non-payment, 
the  Collector  is  hereby  authorized  and  directed,  towards  the 
close  of  each  month,  to  give  a  short  notice  in  all  of  the  regu-  Notice  to  be 
lar  daily  papers  published  in  the  city,  including  those  in  the 
German  language,  at  least  twice,  in  which  the  said  rates  of 
discount  allowed  or  interest  chargeable,  as  the  case  may  be, 
shall  be  distinctly  stated. 

41.  The  said  Collector  is  hereby  authorized  to  draw  on  iwd,  s.  u. 
the  Register  for  all  expenses  incurred  by  him  for  books,  sta-Todrawon 

nj  •  Register  for  ex- 

tionery,  printing  of  notices  and  bills,  also  lor  all  advertise- penses,  &c. 
ments  necessary  to  cftrry  out  the  several  provisions  of  this 


1084  Taxjdb. 

Article  XLIX. — Ordinances. 


Duty  of  Regis-  Ordinance,  to  be  charged  on  the  books  of  said  Kegister  as  a 

ter. 

part  of  the  general  expenses  of  the  city  government. 

ibid.a.  16.  42.     All  the  provisions  of  this  ordinance  in   relation  to 

Distress,  Ac,    enforcing  payment  bv  distress,  sale  or  otherwise,  of  city  taxes, 

for  state  taxes.  b  f    J  J  >  J  J  , 

shall  be  made  to  apply,  in  all  respects,  to  the  collection 
of  State  taxes. 

Ibid,  8. 16.  43.     The  Collector  shall  receive  as  cash  in  payment  of 

Jurors'  orders,   taxcs  duc  the  city  all  orders  drawn  in  favor  of  jurors  upon 

how  received. 

and  accepted  by  the  Kegister,  and  for  such  amounts  as  shall 
have  been  allowed  upon  the  returns  made  by  the  clerk  of  the 
court  in  which  said  jurors  may  have  served.* 

Ibid,  s.  18.  44.     The  Collector  shall  not  order  distress  for  any  arrear- 

Notice  before  Hges  of  taxcs  Until  be  has  first  given  to  the  person  or  persons 
BO  in  arrears,  or  has  left  at  his,  her  or  their  residence,  or  last 
known  residence,  or  if  neither  can  be  found,  on  the  premises, 
a  statement  of  his,  her  or  their  indebtedness,  and  not  less  than 
thirty  days'  notice  of  his  (the  said  Collector's)  intention,  if  the 
bill  is  not  paid  within  the  time  named,  to  enforce  payment 
thereof;  and  in  case  the  aforesaid  person  or  persons  reside  out 
of  the  city,  said  statement  and  notice  shall  be  forwarded  through 
Post  office.        the  postoffiee  to  his,  her  or  their  place  of  residence,  if  known. 

Ibid,  8.  19.  45.     Whenever  it  may,  in  the  opinion  of  the  Collector,  be 

Plats.  necessary  to  have  a  plat  made  of  the  property  to  be  offered  for 

sale  for  State  or  city  taxes,  the  said  Collector  is  hereby  author- 

surreyor's fees,  ized  to  allow  tlic  City  Surveyor  five  dollars  for  each  plat  consist- 
ing of  not  more  than  two  pieces  or  parcels  of  adjoining  ground 
to  be  offered  for  sale ;  if  said  plat  shall  exceed  two  adjoining  lots 

Proviso.  or  parcels  of  ground,  two  and  a  half  dollars  for  each  ;  provided 

that  for  no  one  plat  shall  he  be  allowed  more  than  ten  dollars, 
and  in  no  case  shall  the  Surveyor  be  allowed  more  than  the  sums 
named  in  this  section  for  any  plat  made  by  him  by  direction  of 

*  See  p.  567,  ante. 


Taxes.  1085 

Article  XLIX. — Ordinances. 


the  Collector ;  and  in  no  case  shall  the  said  Collector  charge  or  Fees  and  com- 

missions. 

exact  any  fees  or  commissions  from  the  parties  whose  property 
may  have  been  advertised,  offered  for  sale,  or  sold,  other  than 
those  provided  by  law  or  ordinance. 

46.  The  Collector  is  hereby  authorized  and  directed  to  make  ibia,  s.  20. 

a  charge  on  such  unpaid  tax  bills,  pro  rata,  for  the  space  oc-  charge  pro  rata, 
cupied  by  each,  for  the  actual  cost  incurred  by  said  advertise- 
ment, and  the  actual  cost  of  the  plat  when  made,  in  addition 
to  the  interest  due. 

47.  When  any  lot  or  lots  of  ground,  improved  or  unim-  iwd  s.  ai. 
proved,  may  be  chargeable  with  the  payment  of  taxes,  and  Lots  of  ground, 
such  lot  or  lots  are  subject  to  ground  rent  or  lease  for  a  term 

of  years,  renewable  forever,  it  shall  be  the  duty  of  the  CoUec-  whento»eu 

leasehold  Inter- 

tor,  m  the  saje  of  such  lots  for  the  non  payment  of  taxes,  toes'- 
sell  the  leasehold  interest  only,  with  the  improvements  erected 
thereon,  if  any  ;  provided,  however,  that  in  case  the  said  lease-  Proviso. 
hold  interest  and  improvements  shall  not  sell  for  the  amount 
necessary  to  pay  the  taxes  due  on  said  lots,  together  with  the  law- 
ful costs,  charges  and  interest  as  aforesaid,  then  the  said  Collec-  whentoseii 

fee  simple. 

tor  shall  sell  the  whole  fee  simple  of  such  lots ;  and  provided 
further,  that  the  provisions  of  this  section  shall    not  apply  in  Proviso, 
cases  where  the  books  of  the  city  do  not  disclose  the  fact  that 
the  lot  or  lots  are  on  lease  as  aforesaid,  or  unless  the  Collector  Notice  of  lease, 
shall  have  actual  notice  of  such  lease  prior  to  the  sale  thereof. 

48.  Whenever  it  shall  become  necessary  to  sell  any  part  or  iwd, ».  22, 
parcel  of  ground  for  the  payment  of  any  tax  or  assessment  purchaser  to 
due,  of  any  kind  whatever,  levied  or  charged,  the  Collector  fees,  expenses, 
shall  require  the  purchaser  at  the  time  of  sale  to  pay  on  ac- 
count of  said  purchase  the  sum  of  two  dollars  as  auction  fees, 

also  the  expenses  of  advertising,  and  other  costs  accruing,  to- 
gether with  the  amount  assessed  or  taxed  on  the  lot  or  parcel 
of  ground  so  sold,  and  no  more;  the  residue  or  balance  of  the  creduofyear 

and  day. 

purchase  money  shall  remain  on  a  credit  of  one  year  and  a 


1086 


Taxes. 


Article  XLIX. — Ordinances. 


day;  and  if  the  property  so  sold  be  not  redeemed  within  the 
time,  and  as  provided  for  in  this  ordinance,  the  said  Collector, 
on  receiving  the  balance  of  the  purchase  money,  shall  execute 

Deed.  a  good  and  sufficient  deed  of  the  same  in  favor  of  the  purcha- 

ser or  purchasers^  subject  to  any  ground  rent  reserved  thereon; 

Balance  of  pur-  the  balance  of  said  purchase  money  so  received  shall   be  paid , 

chase  money. 

or  tendered  in  payment,  to  the  owner  or  owners  of  the  lot  or 
parcel  of  ground  sold  as  aforesaid ;  and  if  it  shall  so  happen 
that  said  owner  or  owners,  after  reasonable  efforts,  cannot  be 
found,  or  he,  she  or  they,  or  their  agents,  shall  refuse  to  re- 
ceive said  balance,  then,  in  either  case,  the  Collector  shall  in- 
vest the  same  in  any  public  debt  of  the  city  of  Baltimore, 
bearing  interest  at  the  rate  of  six  per  cent,  per  annum,  for  the 
benefit  of  such  owner  or  owners,  and  deliver  the  certificates  to 


Investment  in 
city  stock. 


Register  to  take  the  Register  of  the  City,  who  shall  keep  and  take  an  account 

charge  of  certifi-  i    /»  • 

cates.  of  the  same,  and  from  time  to  time  collect  the  interest  due 


Ibid,  s.  23. 

Redemption 
within  a  year 
and  a  day. 


Interest. 


Refunding  to 
purchaaer. 


thereon,  and  invest  the  amount  so  received  in  like  securities. 

49.  When  any  lot  or  parcel  of  ground,  improved  or  unim- 
proved, shall  have  been  sold  under  any  law  or  ordinance,  by 
reason  of  the  non-payment  of  any  tax  or  assessment  due  there- 
on, the  owner  or  owners,  or  other  persons  having  an  estate  or 
interest  therein,  and  they  only,  shall  have  the  right  and  privi- 
lege to  redeem  the  same,  at  any  time  within  one  year  and  a 
day  from  the  day  of  sale,  on  his,  her  or  their  paying,  or  ten- 
dering in  payment  to  the  Collector,  the  whole  amount  received 
from  the  purchaser  or  purchasers  of  said  lot  or  parcel  of 
ground,  and  the  further  sum  of  one-half  of  one  per  cent,  per 
month,  as  damages,  estimating  from  the  day  of  sale  to  the 
time  of  such  tender;  and  the  sum  thus  received  by  the  Collec- 
tor shall  be  by  him  paid  or  tendered  in  payment  to  the  said 
purchaser  or  purchasers,  whose  right  in  and  to  the  property 
purchased  as  aforesaid,  shall  at  once  cease ;  and  the  said  Col- 
lector is  hereby  authorized  and  directed  to  refund  to  the  said 
purchaser  or  purchasers  the  purchase  money  received  for  any 


Taxes.  1087 

Article  XLIX. — Ordinances. 


sales  made  bj  him  as  aforesaid,  or  by  any  previous  Collector  of 
taxes  for  the  city  of  Baltimore,  for  arrearages  of  taxes,  when, 
in  the  opinion  of  the  City  Counselor,  such  sale  wae  not  law-  counselor, 
fully  made  from  any  cause  whatever. 

50.  Whenever  any  tax  that  has  been  assessed  by  the  City  iwa,  •.  34. 
Commissioner  for  paving  any  street,  lane  or  alley,  or  any  part  Paving  tax. 
thereof,  in  the  city  of  Baltimore,  shall  have  remained  unpaid 

for  the  space  of  four  months  after  said  paving  has  been  com- 
pleted, for  which  the  assessment  was  made,  the  Collector  is 
hereby  authorized  and  required  to  proceed  to  enforce  payment  Enforcing  pay- 
thereof,  as  herein  provided  for  the  collection  of  taxes  in  arrears 
on  real  estate. 

51.  When  any  contractor  or  contractors  for  paving  or  re- iwa,  s.  25. 
paving  any  street,  lane  or  alley  in  the  city  of  Baltimore,  shall  paving  contrac- 
withdraw  from  the  Collector  any  bill  or  bills  for  said  paving 

or  repaving,  as  the  case  may  be,  which  he  or  they  are  hereby 
authorized  to  do,  on  paying,  or  securing  to  be  paid  to  the  city, 
the  commission  of  three  per  cent,  on  all  such  bill  or  bills,  and  commission  of 

three  per  cent. 

after  the  same  has  been  withdrawn,  the  said  Collector  and  his 
sureties  shall  cease  to  be  liable  in  any  way  for  the  collection 
of  said  bill  or  bills,  and  the  amount  shall  be  charged  to  the 
account  of  said  contractor  or  contractors,  as  if  collected  by 
the  City  Collector  and  paid  over  to  him  or  them  in  cash. 

52.  In  all  cases  where  a  tax  shall  be  assessed  for  paving  or  iwd,  s.  26. 
repaving  any  street,  lane  or  alley  as  aforesaid,  which  is  hereby  paving. 
made  the  duty  of  the  Collector  to  collect,  the  City  Commis- 
sioner is  hereby  authorized  to  have  a  plat  made  out  of  the  piat. 
property,  giving  the  width  of  the  front,  depth  and  full  descrip- 
tion of  each  lot  of  ground  on  which  said  tax  has  been  assessed, 
which  tax  shall  be  a  lien  on  the  property,  taking  precedence  Lien. 

of  all  other  liens,  except  for  other  taxes  previously  assessed, 
and  binding  upon  each  and  all  interests  in  said  property  ;  which 
taxes  the  said  Collector  is  hereby  directed  to  collect,  as  herein  Howtaxcoi- 

.  •'  lected. 

provided  for  the  collection  of  taxes  in  arrears  on  real  estate. 


1088 


Taxes. 


Article  XLIX. — Ordinances. 


Ibid,  8.  27. 

When  collector 
to  notify  parties 
assessed  for 
benefits. 


Six  months. 


Enforcing  pay- 
ment. 


Ibid,  s.  28. 
Opening  streets. 
Deed. 


53.  After  the  expiration  of  the  time  allowed  by  law  or  or- 
dinance for  making  appeals  from  assessments  made  by  the 
Commissioners  for  Opening  Streets,  when  required  to  open  any 
street,  lane  or  alley,  and  no  appeal  has  been  made,  or  after 
the  return  of  an  appeal  has  been  made  to  the  Register,  said 
return,  together  with  the  return  made  by  the  said  commis- 
sioners, shall  be  handed  over  to  the  Collector,  who  shall  at 
once  proceed  to  notify  the  several  parties  assessed  for  benefits, 
by  means  of  bills  specifying  the  sums  so  assessed  to  each,  with 
a  deduction  for  damages  allowed,  if  any ;  and  if  the  same  be 
not  paid  within  six  months  from  the  time  said  return  or  re- 
turns were  received  by  the  Collector,  he  shall  proceed  to  en- 
force the  collection  of  said  bills  in  same  manner  as  herein 
provided  for  the  collection  of  taxes  in  arrears  on  real  estate. 

54.  The  Collector,  on  receiving  the  full  amount  of  purchase 
money  for  sales  of  property  made  in  consequence  of  opening 
streets,  lanes  or  alleys  as  aforesaid,  shall  execute  a  deed  of 
conveyance  in  favor  of  the  purchaser  or  purchasers,  which 
deed  shall  convey  a  fee  simple  or  leasehold  estate,  as  the  case 
may  be,  in  and  to  such  property ;  and  after  deducting  the 
costs  of  sale,  advertising  and  other  necessary  expenses,  he 
shall  pay  the  balance  of  the  purchase  money  to  the  Register 
of  the  City,  who  shall  pay  over  the  same  to  the  person  or  per- 
sons entitled  thereto,  first  deducting  the  sum,  if  any,  assessed 
as  benefits  to  said  person  or  persons  ;  the  payment  to  be  made 
on  demand,  without  interest. 

55.  After  the  City  Commissioner  shall  have  issued  his  war- 
rant, approved  by  the  Mayor,  to  the  Collector,  for  the  collec- 
tion of  any  tax  or  assessment  for  the  paving  or  repairing  of 
footways,  which  tax  shall  be  a  lien  on  the  lot  or  lots  in  front  of 
which  said  paving  or  repairs  have  been  made,  and  shall  have 

List  of  persons  also  delivered  to  the  Collector  a  list  of  the  names  of  the  person 
or  persons  by  whom  the  taxes  or  assessments  are  due,  with 
the  amount  due  by  each,  it  shall  be  the  duty  of  said  Collector, 


Balance  of  pur- 
chase money  to 
Begister. 


Ibid,  s.  29. 

City  Commis- 
sioner to  issue 
warrant. 

Paving,  <Sc., 

footways. 

Lien. 


Taxes.  1089 

Article  XLIX. — Ordinances. 


and  he  is  hereby  required  to  deliver  bills  of  the  same  to  said  buis. 
person  or  persons,  with  a  notice  that  if  not  paid  within  thirty  Thirty  days, 
days  thereafter,  he  will  proceed  to  collect  the  same  in  like 
manner  as  herein  provided  for  taxes  in  arrears  on  real  estate. 


56.    In  order  to  afford  every  facility  to  tax  payers  in  aecer-  iwd.s. 


30. 


taining  when  any  of  their  property  has  been  sold  to  pay  taxes  Lists  of  pro- 
in  arrears  as  aforesaid,  and  that  they  may  have  the  opportunity  taxes, 
to  redeem  the  same  within  the  time  allowed  by  law,  the  Col- 
lector is  hereby  required  to  have  lists  made  out  within  sixty 
days  from  the  day  on  which  any  property  may  be  thus  sold, 
with  the  date  of  sale,  name  of  party  to  whom  assessed,  loca- 
tion of  property,  amount  of  taxes  and  costs,  year  or  years  for 
which  due,  amount  sold  for  and  name  of  purchasers,  clearly 
stated;  said  lists  to  be  entered  in  a  book  kept  for  the  purpose 
in  the  Collector's  office,  each  entry  embraced  in  a  single  line 
when  practicable,  and  open  to  the  inspection  of  parties  inter-  Book  in  couec- 

■^  '^  r  r  j^j^g  jjggg  jjpgjj 

ested,  to  whom  all  explanations  shall  be  made  by  said  Collector,  to  inspection, 
when  so  requested,  to  enable  them  to  identify  their  property. 

57.     Whenever  any  money  is  in  the  care  or  custody  of  the  No. 20, Apriin, 

•'  •'  ^  '63;  114,  June 

Register  or  City  Collector  to  be  paid  to  any  person  or  persons  21. '75- 
whomsoever,  for  or  on  account  of  the  balance  of  the  purchase  Titioto  proper- 
money  in  the  sale  of   any  property  for  the  non-payment  of 
taxes  or  money  due  to  any  person  or  persons  for  damages  as- 
sessed for  the  opening  of  any  street,  lane  or  alley,  or  money 
claimed  by  any  person   or  persons  as  owners  of  any  property 
whatsoever,  or  where  an  examination  of  title  shall  be  neces-  Examination, 
sary  before  the  payment  of  any  money  by  the  Register  or 
Collector,  the  Examiner  of  Titles  shall  first  be  satisfied,  as  pre-  Examiner  of 

'  r.       Titles. 

scribed  in  Article  XIII,  that  the  person  or  persons  applying  for 
or  claiming  the  payment  of  any  money  by  the  Register  or 
Collector  are  the  owners  of  the  property  so  sold  as  aforesaid, 
or  upon  which  damages  are  awarded  as  aforesaid,  or  upon 
which  any  money  shall  ,be  so  asked  or  demanded  as  aforesaid, 
and  the  Collector  or  Register  shall  not  be  authorized  to  pay 


1090 


Taxes. 


Article  XLIX. — Ordinances. 


Certificate. 


Ibid,  8.  31. 
State  taxes. 


Ibid,  s.  32 ;  No. 
54,  May  27,  '68 ; 
No.  36,  June  9, 
'65;  No.  21, 
Mar.  24.  '66 ; 
No.  14,  Mar.  10, 
'64;  No.  91,  Oct. 
11, '73;  No.  8, 
Feb.  27,  '74 ; 
No.  124,  Nov. 
5,  '74 ;   No.  2, 
Dec.  16,  '72  ; 
No.  31,  Mar.  29, 
'76 ;  No.  32, 
Mar.  29,  '76. 

Collector  and 

officers. 

Salaries. 


To  comply  with 
ordinances. 


Collector  re- 
Bpousible. 


out  any  such  money,  until  he  shall  have  received  the  certificate 
of  the  Examiner  of  Titles  as  aforesaid,  together  with  an  ab- 
stract of  title. 

58.  The  said  Collector  shall  collect  from  the  State  of  Mary- 
land the  State's  proportion  of  the  expenses  incurred  in  the  col- 
lection of  the  State  taxes,  as  is  now  or  may  hereafter  be  fixed 
by  law,  and  pay  the  same  into  the  city  treasury. 

59.  The  Collector  shall  receive  as  full  compensation  for  the 
duties  that  are  now  or  hereafter  may  be  required  to  be  per- 
formed by  him,  by  the  laws  of  the  State  and  ordinances  of  the 
city,  the  yearly  salary  of  two  thousand  dollars ;  and  he  shall 
have  authority  to  appoint  and  remove  one  deputy  collector, 
whose  duty  it  shall  be  to  take  charge  of  all  arrears  of  taxes, 
and  assist  the  Collector,  and  whose  salary  shall  be  eighteen 
hundred  dollars  per  annum  ;  one  cashier,  whose  salary  shall  be 
sixteen  hundred  dollars  per  annum ;  one  assisiant  cashier, 
whose  salary  shall  be  fourteen  hundred  dollars  per  annum ; 
one  book-keeper,  whose  salary  shall  be  sixteen  hundred  dollars 
per  annum ;  and  one  general  cash  book-keeper,  whose  salary 
shall  be  sixteen  hundred  dollars  per  annum;  ten  ledger  clerks 
and  one  transfer  clerk,  who  shall  each  receive  a  salary  of  thirteen 
hundred  dollars  per  annum,  and  twenty-two  bailiffs.  All  of 
said  appointees  being  hereby  required  to  comply  with  all  ordi- 
nances of  the  city  in  the  same  manner  as  if  appointed  by  the 
Mayor  and  City  Council ;  and  for  all  of  their  acts  the  Collector 
shall  be  held  responsible  under  his  bond. 


No.,^,Apru        60.     The  Collector  of  State  taxes  in  the  city  of  Baltimore 
Collector  of      shall  rcccivc  as  a  compensation  for  his  services,  one  per  centum 

state  taxes.  ••^  '  r 

Commissions,    ou  the  amount  of  State  taxes  collected  by  him,  to  be  collected 
as  provided  for  in  the  Acts  of  Assembly.* 


■  See  sec.  28,  p.  1069,  ante. 


I 


Taxes.  1091 

Article  XLIX. — Ordinances. 

COMPTROLLER. 

61.  It  shall  be  the  duty  of  the  Comptroller,  before  issuing  No.  12,  Mar.  is, 
a  warrant  for  the  payment  of  damages  awarded  for  property  Dutv  of  comp- 
condemned  for  the  opening  of  streets,  lanes  or  alleys,  or  other 

public  purposes,  to  require  the  claimant  or  claimants  to  present  certificate  from 
a  certificate  from  the  Collector  of  Taxes  that  all  taxes  due 
thereon  have  been  paid. 

62.  It  shall  be  the  duty  of  the  Comptroller  to  furnish  to  iwd,  a.  9. 
the  Appeal  Tax  Court  a  description  of  all  lots  of  ground  and  Dwcripuonof 

lots  condemned 

premises  condemned  for  the  opening  of  streets  or  other  pur-  f°r  opening 

•^  r  o  r  streets,  kc,  to 

poses,  and  for  which  damages  have  been  awarded  and  paid,  Appeifxa?* 
also  of  all  lots  or  parcels  of  ground  and  improvements  pur-  ^*'"'** 
chased  or  sold  by  the  city,  to  enable  said  Appeal  Tax  Court  to  Leu  bought  or 

sold  by  city» 

abate  the  property  purchased,  or  assess  that  which  has  been 
sold  to  the  purchaser  or  purchasers  thereof. 


LIMITS  OF  DIRECT  TAXATION. 
63.     The  lines  of  direct  taxation  shall  be  extended  to  the  No.  55,  June », 

'74. 

following  bounds,  and  embrace  the  district  herein  described ;  Direct  ux  Hne. 
that  is  to  say,  beginning  for  the  same  at  the  southeastern  limits 
of  the  city  and  East  avenue,  northwardly  along  East  avenue 
until  it  intersects  North  avenue,  westwardly  along  North  ave- 
nue until  it  intersects  the  western  boundary  of  the  city,  thence 
southwardly  along  the  western  boundary  of  the  city  to  the 
centre  of  Gwynn's  falls,  thence  eastwardly  along  the  centre 
of  Grwynn's  falls,  and  the  centre  of  the  Patapsco  river  to  the 
place  of  beginning.* 

*  This  ordinance  was  enacted  to  conform  to  sec.  3,  p.  1060,  ante.  The  pre- 
vious ordinances  extending  the  limits  of  direct  taxation,  are  as  follows :  No. 
83,  May  13,  '59 ;  No.  34,  June  11,  '58 ;  No.  36,  May  9,  '53 ;  No.  48,  June  10, 
'50;  No.  5,  March  14,  50 ;  March  25,  '46;  Act  of  1830,  c.  139,  and  report  of 
commissioners  thereunder,  of  Nov.  5, 1831.  No.  65,  June  28,  '68 ;  No.  109, 
Oct.  24,  '72,  and  No.  9,  March  15,  '73. 


1092  Taxes. 

Article  XLIX. — Ordinances. 


Decisions. — The  power  of  a  tax  collector  to  make  sale  of  real  estate  for 
the  payment  of  taxes  so  as  to  convey  a  valid  title  to  the  purchaser  is  one 
which  is  specially  delegated  and  must  be  strictly  pursued.  A  series  of  acts, 
preliminary  in  their  character,  are  required  by  law  to  precede  the  execution 
of  the  power ;  each  and  every  one  of  which  is  separate,  independent  and 
essential,  and  if  any  one  of  them  be  wanting,  the  whole  proceeding  is  de- 
fective for  want  of  sufficient  authority  to  support  it.  Polk  v.  Rose  et  cU.,  25 
Md.  153.  Alexander  v.  Walter,  8  Gill,  239.  Held  in  Im.  Co.  v.  Mayor  <&c.,  23 
Md.  296,  that  the  Firemen's  Insurance  Co.,  a  joint  stock  company,  was 
bound  by  the  terms  of  the  revenue  laws,  to  furnish  to  the  Appeal  Tax  Court 
the  list  of  stockholders,  with  their  places  of  residence  and  amount  of  stock 
held  by  each,  and  having  failed  or  refused  to  do  so,  the  appropriate  mode  of 
enforcing  compliance  was  by  the  writ  of  mandamus.  The  corporation  how- 
ever, might  agree  with  the  Appeal  Tax  Court  to  pay  an  ascertained  amount 
of  money  as  a  tax  on  the  stock  liable  to  city  taxation,  in  lieu  of  an  assess- 
ment on  the  individual  shares.  The  shares  of  stock  of  joint  stock  compa- 
nies are  liable  to  be  assessed  at  their  cash  value,  at  the  time  of  the  assessment. 
Ins.  Co.  V.  Mayor,  dc,  23  Md.  296.  See  Donavin  v.  Firemen's  Ins.  Co.,  30  Md. 
155;  Gordon's  Ex.  v.  Mayor,  <&c.,  5  Gill,  231, 

The  revenue  laws  treat  the  stockholder  as  the  owner  of  so  much  property, 
to  be  estimated  at  the  actual  value  of  his  stock,  and  subject  to  be  taxed 
thereon  for  local  purposes.    Ibid.    See  Emory  v.  State,  41  Md.  55. 

In  an  action  for  the  recovery  of  taxes  upon  mortgages  of  real  estate  lying 
in  the  city  of  Baltimore,  assessed  to  the  trustee  of  said  property,  residing  at 
the  time  of  the  assessment  and  of  the  institution  of  the  suit  in  Howard 
county,  the  cestuis  que  trust  residing  at  the  same  lime  in  said  city ;  held :  that 
taxes  assessed  upon  a  trust  estate  constitute  a  legal  cause  of  action  against 
the  holder  of  the  legal  estate ;  that  L.  was  the  holder  of  the  legal  estate 
upon  the  valuation  of  which  the  taxes  sought  to  be  recovered  was  impos- 
ed ;  and  upon  the  construction  given  to  the  Bill  of  Rights,  as  well  as  upon 
the  general  rule  above  stated,  he  was  the  proper  person  to  be  assessed  for 
their  payment;  and  the  assessment  of  the  tax  to  the  holder  of  the  real 
estate,  through  him,  reaches  and  fastens  upon  the  beneficial  owner.  That 
a  like  construction  should  be  given  to  the  acts  requiring  "  all  property 
owned  by  persons  residents  of  the  State,  and  not  permanently  located 
elsewhere  within  the  State,  to  be  valued  to  the  owner  in  the  county, 
district  or  city  wherein  he  or  she  may  reside,"  that  these  provisions  con- 
template the  holding  of  the  legal  estate.  Upon  the  principle  that  the 
possession  of  personalty  follows  the  person  owning  the  legal  title,  the 
mortgages  on  the  valuation  of  the  amount  of  which  the  assessment  of 
the  taxes  was  made,  so  far  as  they  could  be  made  the  basis  of  an  assessment, 
were  beyond  the  jurisdiction  of  the  city  of  Baltimore.  The  recording  of  a 
mortgage  in  another  county  or  district  than  that  of  the  creditor's  resi- 
dence, cannot  have  the  effect  of  locating  the  debt  where  the  mortgage  is 
recorc'ed.  Latrobe,  Trustee,  v.  Ma/yor,  <Sx.,  19  Md.  12.  Where  property  held 
in  trust  by  trustees  who  reside,  one  in  Baltimore  city  and  the  other  in 


Taxes.  1093 

Article  XLIX. — Ordinances. 


Baltimore  county,  is  taxable,  the  same  should  be  taxed  in  equal^propor- 
tion  as  of  the  place  of  residence  of  each  trustee.  Mayor,  dkc.  v.  Sterling  et 
ai.,  29  Md.  48. 

Scott,  C.  J.,  held  in  1869,  CHU  v.  Mayor,  dc.,  that  where  a  party  sells  pro. 
perty,  gives  a  deed,  and  takes  a  mortgage  to  secure  the  pajrment  of  the  bal- 
ance of  the  purchase  money,  that  the  city  has  no  right  to  tax  said  mortgage 
given  for  purchase  money ;  that  the  property  being  taxed  to  the  owner,  a 
tax  on  a  mortgage  of  this  kind  would  be  a  double  tax,  and  cannot  be  recov- 
ered. 

As  to  the  Act  of  1870,  c.  394,  exempting  mortgages  from  taxation.  See 
Bmory  v.  State,  41  Md.  38 ;  see  1878,  c.  413. 

A  purchaser  of  a  house  and  lot  in  the  city  of  Baltimore,  sold  by  the  City 
Collector  in  1858  for  non-payment  of  an  assessment  levied  thereon  for  open- 
ing the  street  upon  which  it  was  located,  paid  the  purchase  money,  received 
from  the  Collector  a  deed  for  the  property,  and  entered  into  possession. 
Subsequently  he  was  ejected  by  the  owners  upon  the  ground  that  the  Col- 
lector had  omitted  to  give  the  notice,  as  required  by  ordinance,  of  such  sales, 
and  was  obliged  to  pay  costs  and  mesne  profits.  He  thereupon  brought  an 
action  to  recover  damages  from  the  City  Collector.  Held :  That  the  pur- 
chaser was  bound  to  inquire  whether  the  City  Collector,  in  selling  the 
property,  acted  in  conformity  with  the  law  authorizing  the  sale ;  and  coming 
strictly  and  rigidly  within  the  rule  of  caveat  emptor,  he  is  not  entitled  to  re- 
cover.   Hamilton  v.  Valiant,  30  Md.  139. 

As  to  voluntary  payment  of  taxes  when  the  right  to  impose,  «fec.,  is  denied, 
see  Lettm-  v.  Mayor,  <tc.,  29  Md.  418 ;  34  Md.  435 ;  38  Md.  228. 

As  to  tax  titles,  see  Polk  v.  Rose,  25  Md.  153 ;  Polk  y.  PendUUm,  31  Md.  125. 
Co.  UommWs  P.'Oeo.^s  Co.,  dhc.,  v.  Clarke  et  ai.,  36  Md.  207;  Exparte  in  the 
matter  of  the  Tax  Sale  of  Lot  No.  172,  &c.,  42  Md.  196. 


1094 


Tbnants  fob  Ybaes  ok  at  Will. 


Article  L. — Statutes. 


ARTICLE  L. 


TENANTS  FOR  YEARS  OR  AT  WILL. 


STATUTES 


1.  Ninety  days'  notice  to  terminate 
tenancy  from  year  to  year. 

3.  Thirty  days'  notice  to  terminate 
tenancy  for  less  time. 

3.  Thirty  days'  notice  to  terminate 

tenancy  at  will,  suflFerance,  or 
pvr  autre  vie. 

4.  Tenant  may  terminate  either  by 

thirty  days'  notice. 

5.  Notice  to  be  in  -writing :  on  whom 

and  how  to  be  served. 

6.  What  sufficient  notice. 
No  other  notice  necessary. 
Notice  may  be  fixed  by  agree- 
ment. 

One  justice  to  have  jurisdiction. 

Upon  non  est,  second  summons 
to  issue  for  tenant :  if  not  found , 
copy  to  be  left  with  occupant : 
if  vacant,  copy  to  be  left  on 
premises. 

Landlord  may  file  interrogato- 
ries :  copy  to  be  served. 


7. 
8. 

9. 
10. 


11 


13. 

13. 
14. 

15. 
16. 

17. 


18. 

19. 

30. 

31. 

33. 
38. 

34. 


Interrogatories  to  be  answered ,  or 
taken  as  confessed. 

Manner  of  serving  copy. 

Jury  to  assess  damages  and  ex- 
penses for  landlord. 

When  for  tenant. 

On  failure  to  assess,  jury  to  be 
re-summoned. 

Notice  of  second  meeting :  other 
jurors  to  be  summoned  if  any 
have  died  or  are  absent. 

Tenant  may  be  made  to  pay 
double  rent. 

Appeal  given. 

Not  removable  except  by  ap- 
peal. 

Proceedings  not  to  be  reversed 
for  form. 

Appeal  to  be  tried  at  first  term. 

Heirs,  executors  and  assigns  to 
have  benefit  of. 

Jurors  not  attending  may  be 
attached. 


STATUTES 


P.  L.  L.  art.  4, 
sec.  882. 
Ninety  days' 
notice  to  termi- 
nate tenancy 
from  year  to 
year. 


1.  Where  any  lands  or  tenements  in  the  city  of  Baltimore 
are  held  from  year  to  year,  the  tenancy  shall  be  terminated 
if  the  lessor  give  to  the  tenant  ninety  days'  notice  before  the 
end  of  the  year. 


Tenants  fob  Years  ob  at  Will.  1095 

Article  L. — Statutes. 

2.  If  land  be  held  in  said  city  under  a  lease  for  a  month,  iwd,  sec.  ssa. 
or  any  less  period  than  a  year,  and  the  tenant  continues  to  Thirty  days' 

„  .  .  notice  ta  termi- 

occupy  under  such  lease  after  its  expiration,  he  shall  be  "a^'e^'ejjancy  for 
deemed  a  tenant  for  such  period  as  the  premises  were  origi- 
nally leased  to  him,  and  so  from  such  period  to  such  period, 
and  if  his  landlord  give  hira  thirty  days'  notice  before  the 
termination  of  any  period  of  his  tenancy,  it  shall  terminate 
such  tenancy. 

3.  If  lands  or  tenements  be  held  in  said  city  by  tenancy  lud,  sec.  sm. 
at  will,  at  sufferance,  or  pur  autre  vie,  thirty  days'  notice  by  Thirty  days' 

•  1  in  no''o«  '°  terml- 

the  landlord  or  reversioner  to  the  tenant  or  occupant  shall  nate  tenancy  at 

*  will,  sufferance, 

terminate  such  tenancy  at  the  expiration  of  thirty  days.         *<=• 

4.  Any  of  the  tenancies  mentioned  in  the  preceding  three  iwd.  »ec.  ess. 
sections  may  be  terminated  by  the  tenants  giving  notice  to  Tenantmayter- 

.  1/.     I  minate  either 

the  landlord  thirty  days  previous  to  the  end  oi  the  year,  or  by  thirty  days' 
other  period  for  which  he  holds  the  same. 

5.  The  notice  required  by  the  preceding  sections  shall  be  iMdjsec.  886. 
in  writing,  and  served  on  the  tenant  or  left  at  his  place  of  Notice  to  b«  in 
abode  or  business,  or  served  on  his  agent  or  servant,  or  served 

on  any  occupant  of  the  premises,  and  if  there  be  no  person  on  whom  and 

how  to  b« 

living  on  the  premises,  the  same  may  be  served  by  being  set  served, 
up  on  a  conspicuous  part  of  the  premises. 

6.  Such  notice  shall  be  sufficient  in  form  if  it  contain  a  iMd,  sec.  887. 
request  by  the  landlord  to  the  tenant  to  leave  the  premises,  what  sufficient 

•  /»•  T«  •/»"!  t  1  notico. 

or  II  it  state  the  intention  of  the  tenant  to  leave  the  same, 
and  it  need  not  state  the  time  when  the  tenant  is  requested 
to  leave  the  same,  or  when  the  tenant  intends  to  do  so. 


7.     Such  notice  without  any  additional  notice,  shall  en-  iwd,  sec.  sss. 
tie  the  landlord 
leedy  recovery  ( 
over  by  tenants. 


title  the  landlord  to  the  benefit  of  the  law  providing  for  the  No  other  notice 
speedy  recovery  of  the  possession  of  lands  or  tenements  held 


1096 


Tenants  fok  Years  or  at  Will. 


Article  L. — Statutes. 


Ibid,  sec.  889.        8.     If  by  agreement  of  the  parties  the  time  and  manner 
Notice  may  be   of  notice  is  Specified,  such  notice  shall  be  given  as  the  agree- 

fixed  by  agree-  .  . 

ment.  ment  provides,  and  when  given  by  the  landlord,  shall  entitle 

him  to  all  the  benefits  of  the  preceding  sections  without  any 
other  notice. 

1861, c.  96.  9.     One  justice  of  the  peace  of  said  city  shall  have  all 

One  justice  to    the  powers  conferred  upon  two   justices  and  a  iury  by  the 

have  powers.  \  .  .  J       J       J 

Public  General  Laws  in  relation  to  landlords  and  tenants, 
Appeal.  subject  to  appeals  as  in  other  cases  of  judgments  by  justices 

of  the  peace  in  said  city. 

p.  L.  L.,art.  4,       10.     If  the  summous  issued  for  the  tenant  in  a  proceeding 

sec.  891. 

Upon  none**,     to  dispossess  him  be  returned  nun  est,  a  second  summons, 

second  summon  ii.  ^  -,  n  -t  iiii»  t  i     •  f 

to  issue  for  ten-  returnable  in  not  less  than  five  days,  shall  be  issued,  and  ii 

ant.    If  not  J     ■)  i 

bTieftwFthM-  *^®  tenant  shall  not  be  found,  a  copy  of  the  second  summons 
p^emlseT."^  shall  bc  left  with  the  occupant  of  the  premises,  or  if  they  be 
vacant,  affixed  to  some  principal  building,  or  if  no  building, 
then  set  up  on  the  premises,  and  on  the  day  assigned  in  the 
summons  for  the  appearance  of  the  party  the  justice  shall 
proceed  as  if  he  had  appeared. 

Ibid,  sec.  892         11.     The  landlord  or  reversioner  may  file  with  the  justice 
Landlord  may    iutcrrogatories  to  be  answered  by  the  tenant  touchinff  the 

file  interrogato  °  jo 

Sirved"^^'"^^  tenancy  or  notice,  or  for  any  other  matter  of  evidence  in 
support  of  the  pretensions  of  said  landlord  or  reversioner,  in 
and  about  such  proceeding. 

Ibid,  sec.  893.         12.     If  a  copy  of  such  interrogatories  be  served  on  the 
Interrogatories  tenant,  hc  shall  answer  the  same  before  the  third  dav,  ex- 

to  be  answered  .  '  ' 

fessed^"**'  •='"'•  elusive  of  the  day  of  service  ;  and  upon  his  failure  to  answer 
the  matters  inquired  of  by  such  interrogatories,  they  shall 
be  taken  as  confiessed  by  him,  but  on  cause  shown  the  justice 
may  give  further  time  for  answering,  not  exceeding  eight 
days  in  the  whole,  from  and  exclusive  of  the  day  of 
service. 


Tenants  fob  Yeaub  ob  at  Will.  1097 

Article  L. — Statutes. 

13.  The  copies  of  the  interrogatories  herein  directed  to  iMd.'sec.  894. 
be  served  may  be  served  in  the  same  manner  that  notices  to  Manner  of  serv- 
quit  are  herein  directed  to  be  served. 

14.  If  in  any  proceeding  by  a  landlord  to  dispossess  a  ibw,  sec.  895. 
tenant  the  inquisition  or  verdict  shall  be  found  in  his  favor,  when  mry  to 

assess  damages 

the  jury  shall  assess  against  the  tenant  holding  over  the  f^^^l^^^^^^^ 
premises  damages  not  exceeding  double  the  rate  of  the  rent 
of  said  tenancy,  and  also  for  the  expenses  of  said  landlord 
or  reversioner  in  and  about  said  proceeding  over  and  above 
the  legal  costs  thereof,  and  shall  render  a  verdict  for  the 
amount  of  said  damages  and  expenses,  for  which  amount,  as 
well  as  the  costs,  the  justice  shall  render  judgment  in  favor 
of  the  lessor  or  reversioner,  to  be  enforced  by  execution. 

15.  But  if  the  jury  shall  find  against  the  landlord  oribid, sec. 896. 
reversioner,  they  shall  assess  such  damages  as  they  shall  when  for  ten- 
deem  just  to  be  paid  by  him  to   the  tenant,  for  which,  and 

costs,  judgment  shall  be  rendered  and  enforced  as  afore- 
said. 

16.  If  the  jury  shall  omit  to  assess  damages,  the  said  ibid,  sec.  897. 
justice  may,  at  any  time  before  the  eleventh  day  after  and  on  failure  to 
exclusive  of  the  day  of  rendering  the  verdict,  by  warrant  to  be  re-summon- 
the  Sheriff  of  the  city,  order  said  jury  to  be  re-summoned  to 

make  said  assessment  and  render  a  verdict  thereon,  which 
verdict  shall  have  the  same  effect  as  if  rendered  immediately 
on  rendering  said  principal  verdict. 

17.  Such  reasonable  notice  shall  be  given  to  the  tenant  iwd,  sec.  898. 

as  the  justice  shall  deem  proper,  of  the  time  of  the   second  Notice  of  sec- 
ond meeting. 

meeting  of  said  jury,  and  the  said  justice  may  summon  other 
jurors  in  place  of  any  of  said  jury  who  shall  have  died  or  other  jurors, 
who  shall  be  returned  by  the  Sheriff  as  sick  or  not  to  be 
found. 


1098  Tenants  foe  Years  or  at  Will. 

Article  L. — Statutes. 

Ibid,  lec.  899.        jg.     In  all  cases  of  tenancy  mentioned  in  this  law,  if  the 
When  tenant     tenant,  after  notice,  fail  to  quit  at  the  end  of  the  term,  or  at 

may  be  made  to 

^ent*^*"^^'*  the  period  when  he  shall  begin  as  aforesaid  to  he  holding 
over,  such  tenant,  his  executors  or  administrators,  may,  at 
the  election  of  the  lessor,  his  heirs,  executors  or  administra- 
tors or  assigns,  be  held  as  a  tenant  and  bound  to  pay  double 
the  rent  to  which  the  said  tenancy  was  subject,  and  payable 
and  recoverable  in  all  respects  and  to  every  effect  as  if,  by  the 
original  agreement  or  the  understanding  as  to  such  tenancy, 
said  double  rent  were  the  reserved  rent  of  the  demised  pre- 
mises, according  to  the  terms  and  conditions  of  payment  of 
such  originally  reserved  rent. 

Ibid,  sec.  900.  19.  An  appeal  may  be  prosecuted  from  any  judgment  of 
Right  of  appeal,  a  justicc  of  the  pcaco  rendered  under  the  provisions  of  this 
law,  to  the  Baltimore  City  Court,  in  the  manner  and  under 
the  rules  prescribed  in  cases  within  the  ordinary  jurisdiction 
of  justices  of  the  peace  ;  the  tenant,  or  his  executors  or  ad- 
ministrators, in  order  to  stay  any  execution  of  the  judgment 
against  them,  giving  on  such  appeals,  bond,  with  security, 
with  condition  to  prosecute  the  appeal  with  effect,  and  to 
answer  to  the  landlord,  his  executors  and  administrators,  all 
costs  and  damages  mentioned  in  the  judgment,  and  such  as 
shall  be  further  incurred  and  sustained  by  reason  of  said 
appeal  and  the  delay  thence  arising. 

Ibid, 860.901.        20.     Such  cases  shall  not  be  removable  to  the  Baltimore 
Not  removable  City  Court,  at  any  stage  thereof,  save  by  and  upon  appeal 

except  by  ap- 
peal, as  aforesaid. 

Ibid,  aec.  902.         21.     No  proceedings  to  dispossess  a  tenant  holding  over 
Proceedings  not  had  bcfore  auv  iusticc  of  the  peace  and  removed  by  appeal 

to  be  reversed  .  .  •>      rr 

for  form.  to  the  Baltimore  City  Court,  shall  by  such  court  be  reversed 

or  set  aside  for  matter  of  form  ;  and  any  case  thus  removed 
by  appeal,  if  the  proceeding  thereunder  shall  be  set  aside  or 
appear  to  be  substantially  defective,  shall  be  proceeded  with 


Tenants  fob  Ybaes  oe  at  Will.  1099 

Article  L. — Statutes. 

in  said  court  in  the  same  manner  and  to  the  same  effect, 
upon  the  claim  and  complaint  and  merits,  and  upon  evidence 
to  be  adduced  therein  as  it  was  or  might  have  been  compe- 
tent to  said  justice  of  the  peace  to  have  proceeded  therewith. 

22.  Every  such  appeal  shall  be  tried  and  finally  deter    iwd,  sec.  bos  . 
mined  and   proceeded  with  at  the  first  term  to  which  such  Appeal  to  be 

tried  at  fir«t 

case  shall  be  removed   to  the  said  court,  unless  for   cause  ^f^- 
shown  upon  affidavit  the  court  shall  otherwise  order. 

23.  The  provisions  of    the   preceding    sections   of  this  ibid,  sec  904. 
article,  relating  to  tenants  holding  over,  shall  extend  to  the  Heirs, executors 

.  ,  .  and  assigns  to 

heirs,  executors  and  assigns  of  lessors,  and  reversioners,  and  have  benefit  of. 
to  the  executors  and  all  persons  holding  under  tenants,  and 
to  all  cases  where  there  are  two  or  more  tenants,  in  which 
case  each   tenant  shall  be  entitled  to   the  notices   and  the 
benefit  of  each  condition  contained  in  the  preceding  sections. 


24.  The  justice  has  full  power  to  enforce  the  attendance  by  iMd,  sec.  905. 
attachment  of  the  jurors  who  may  be  summoned  in  any  pro-  jurors  not  at- 

tending  may  I 

ceeding  under  the  general  law  in  relation  to  tenants  holding  atuched. 
over,  or  under  the  preceding  sections  relating  thereto. 

Decisions. — Bill  for  injunction,  filed  by  M.  to  restrain  D.  from  enforcing 
by  execution  a  judgment  against  him,  rendered  by  the  Court  of  Common 
Pleas,  (before  Constitution  of  1867,)  on  appeal  from  a  justice's  judgment,  in 
a  proceeding  by  M.,  under  this  article,  to  oust  D.  as  a  tenant  holding  over. 
Held :  that  the  appellate  powers  in  such  cases  being  then  vested  in  the  Court 
of  Common  Pleas,  (now  Baltimore  City  Court,)  a  court  of  Equity  is  neces- 
sarily excluded  from  the  exercise  of  that  power,  by  inj  unction  or  otherwise. 
MUler  v.  DuvaM,  36  Md.  47. 

The  bill  of  complaint  of  O.  alleged  that  O.  having  been  for  many  years 
the  tenant  of  S.  and  being  in  possession  of  the  premises  under  a  lease 
from  February  1, 1864,  for  one  year,  at  a  rent  of  $1,100,  towards  the  close  of 
that  year  it  was  verbally  agreed  between  them  that  if  O.  would  pay  the  in- 
creased rent  of  $1,500,  S.  would  execute  to  him  a  lease  for  one  year  with 
the  privilege  of  two  or  three,  in  O's  discretion  ;  that  O.  remained  in  posses- 
sion after  the  termination  of  the  lease  of  1864,  and  paid  the  increased  rent 
of  $1,500,  "  as  part  and  parcel  of  the  agreement  aforesaid,  in  performance 
and  consideration  thereof,"  that  S.  having  failed  to  execute  the  lease  accord- 


1100  Tenants  for  Years  or  at  "Will. 

Article  L. — Statutes. 

ing  to  the  agreements,  O.  notified  him  that  he  would  enforce  its  specific  per- 
formance, at  the  same  time  making  his  election  to  take  the  property  for  the 
whole  three  years ;  and  that  S.  replied  by  instituting  summary  proceedings 
before  a  justice  to  eject  O.  from  the  premises.  Whereupon  O.  filed  a  bill  for 
the  specific  performance  of  the  agreement,  and  for  an  injunction  as  incident 
thereto  pending  the  proceedings.  Held  :  that  if  S.  had  executed  the  lease, 
O.  would  have  been  bound  to  pay  the  rent ;  on  the  other  hand,  if  the  tenant 
paid  the  rent  "  on  the  foot  of  the  agreement,"  S.  was  bound  to  execute  the 
lease  according  to  the  terms  agreed  on :  that  the  bill  of  complaint  presented 
a  case  entitling  prima  facie  the  complainant  to  an  injunction  until  the  com- 
ing in  of  the  answer  or  further  order.    Spear  v.  Orendorf,  26  Md.  37. 

Where  the  relation  o/  landlord  and  tenant  exists,  and  through  failure  of 
the  landlord  to  take  the  necessary  steps,  as  provided  by  law,  to  terminate 
the  tenancy  at  its  expiration  and  summarily  eject  the  tenant  holding  over, 
the  tenant  has  acquired  the  right  to  continue  the  tenancy  at  sufferance  or 
for  another  year,  a  court  of  equity  will  not  intervene,  and  oust  him  because 
he  is  a  bad  manager,  or  is  vicious  and  disagreeable  to  his  landlord,  or  is  in- 
solvent.   Blain  v.  Everitt  et  al,  36  Md.  73. 

An  agreement  by  A.  to  let  B.  retain  possession  of  certain  property  from 
1st  July,  1866,  to  1st  July,  1867,  upon  his  giving  the  same  rent  that  A. 
"  might  be  able  to  obtain  from  other  parties,"  is  not  such  an  agreement  as  a 
court  of  equity  will  enforce,  as  it  lacks  certainty  and  mutuality.  Odston  & 
Meyeriberg  v.  Sigmund,  27  Md.  334,  353. 

In  a  summary  proceeding  by  a  landlord  to  eject  his  tenant,  the  latter  is 
entitled  to  avail  himself  by  way  of  defence,  before  the  justice  of  the  peace 
and  in  the  court  on  appeal  from  the  justice,  of  whatever  equitable  right  or 
claim  he  may  possess  under  a  contract  for  the  renewal  or  extension  of  his 
leg,se ;  and  if  the  matter  be  decided  against  him  in  that  tribunal,  he  is  not 
entitled  to  resort  to  a  court  of  equity  for  relief.    Ibid. 

To  summary  proceedings  instituted  by  A.  against  B.  his  tenant  for  a  term 
which  ended  30th  June,  1866,  to  obtain  possession  of  premises,  it  would  be 
no  answer  or  legal  defence  to  show,  that  A.  had  made  a  contract  of  lease  of 
the  same  to  C.  to  begin  1st  July,  1866;  such  a  lease  to  begin  after  the  ter- 
mination of  B's  term,  was  executory  merely  and  would  furnish  no  legal 
ground  for  asserting  that  there  was  an  outstanding  adversary  title  in  C.  as 
against  A.,  such  as  is  mentioned  in  sec.  5,  of  Art.  53,  P.  G.  L.  And  B.  would 
not  be  entitled  upon  the  allegation  of  such  adversary  title  in  C.  to  a  pro- 
duction of  the  evidences  of  A's  title  to  the  premises,  and  to  an  injunction  to 
restrain  him  from  proceeding  to  enforce  his  judgment,  recovered  in  a  proper 
tribunal  for  a  restitution  of  the  same.     Odston  v.  8igmund,  27  Md.  345. 

H.  leased  certain  premises  to  B. ,  the  tenancy  to  continue  until  1st  July, 
1860.  Pending  this  tenancy,  H.  leased  the  same  premises  to  S.,  whose  ten- 
ancy was  to  begin  on  that  day.  B.  refused  to  surrender  the  premises  on  the 
expiration  of  his  tenancy,  and  S.  was  unable  to  enter;  held :  that  S.  having 
the  legal  right  of  entry  under  his  lease,  and  failing  to  obtain  possession  of 


Tenants  for  Years  or  at  Will.  1101 

Article  L. — Statutes. 

the  premises  through  the  wrongful  act  of  B.  has  his  right  of  action  against 
B.,  as  a  wrongdoer,  but  is  not  entitled  to  maintain  an  action  against  H.  his 
lessor.    Sigmund  v.  Howard  Bank,  29  Md.  324. 

In  a  proceeding  instituted  by  a  landlord  against  a  tenant  for  years,  wrong- 
fully holding  over  after  the  expiration  of  his  term,  judgment  was  rendered 
by  the  justice  of  the  peace  for  the  tenant.  The  landlord  appealed  to  the 
Baltimore  City  Court,  and  a  summons  was  issued  for  the  tenant  and  re- 
turned non  e»t.  Thereupon,  a  petition  was  filed  by  the  landlord,  alleging 
that,  although  the  summons  was  returned  rum  eat,  it  had  been  in  fact  served 
by  being  made  known  to  the  family  of  the  tenant,  and  also  by  service  upon 
his  attorney ;  the  petition  asked  that  the  SherifiF  might  be  directed  to  amend 
his  return  by  stating  the  facts  specially  in  regard  to  the  service  of  the  writ. 
Without  notice  to  the  tenant,  an  order  was  passed  by  the  court  directing  the 
Sheriff  so  to  amend  his  return,  which  he  did ;  and  the  court  proceeded  to 
try  the  case  ex  parte,  and  rendered  judgment  of  restitution,  together  with 
damages  and  costs.  From  this  judgment  the  tenant  appealed.  Held :  that 
the  tenant,  not  having  been  returned  summoned,  and  only  one  return  of  Tion 
est  having  been  made,  the  Baltimore  City  Court  had  no  jurisdiction  of  the 
case,  and  its  judgment  therein  unwarrantably  pronounced,  may  be  reviewed 
on  appeal  and  should  be  reversed.    Mean  v.  Remare,  33  Md.  246. 

Afterwards,  on  the  application  of  the  tenant,  in  the  above  case,  a  writ  of 
restitution  was  issued  by  the  clerk  of  the  Court  of  Appeals.  On  the  peti- 
tion of  the  landlord  this  writ  was  quashed.  On  the  motion  by  the  tenant  to 
rescind  the  order  quashing  the  writ  it  was  held :  that  the  writ  of  restitution 
was  not  only  irregularly  issued,  but  it  was  void  for  want  of  a  judgment  in 
the  Court  of  Appeals,  upon  which  it  could  be  founded ;  that  the  effect  of  the 
judgment  of  reversal  of  the  Court  of  Appeals,  was  to  leave  the  case  stand- 
ing in  the  City  Court  precisely  as  if  no  trial  had  occurred  in  that  court,  and 
it  was  competent  for  the  appellant  in  that  court  to  proceed  to  give  the  legal 
notice  to  the  adverse  party,  and  thereupon  proceed  to  trial  in  the  usual  way. 
A  writ  of  restitution  can  only  be  issued  upon  the  special  award  of  the 
court.    Hears  v.  Remare,  34  Md.  333. 

An  action  was  instituted  by  a  landlord  to  recover  a  year's  rent  from  his 
tenant  upon  the  theory  that  he  rented  the  house  for  one  year,  held  over  for 
a  second  year,  and  left  without  legal  notice,  thereby  becoming  liable  for  a 
third  year.  The  suit  was  brought  to  recover  the  rent  for  the  third  year :  the 
defence  was,  that  the  lease  was  for  a  two  years'  term  certain.  A  memoran- 
dum made  by  the  landlord's  agent,  stated,  that  he  had  rented  the  house  to 
the  defendant  "  for  $700  per  year,  rent  to  commence  July  1st,  1867."  Held : 
that  the  memorandum  not  specifying  any  term  of  renting,  was  not  contra- 
dictory of  testimony,  which  showed  that  it  was  limited  to  one  year,  and  the 
party  offering  it  as  evidence  to  the  jury,  would  not  be  estopped  thereby 
from  showing  that  the  renting  was  for  two  years :  where  an  agent  was  au- 
thorized by  his  principal  to  rent  certain  premises  for  one  year  only,  and  he 
rented  them  for  two  years,  and  the  tenant  retained  them  for  that  period,  and 
the  principal  received  the  rent  originally  agreed  upon,  for  the  second  year,  the 


1102  Tenants  foe  Years  oe  at  Will. 

Article  L. — Statutes. 

jury  would  be  at  liberty  to  infer  that  the  principal  ratified  the  contract  for 
the  two  years.    Eeynolda  <&  Sauerwein  v.  Davison,  34  Md.  6C2. 

M.  made  a  lease  of  certain  premises  to  S.  and  K.  for  three  years,  begin- 
ning on  the  1st  October,  1869,  at  $35  a  month,  with  the  privilege  of  renewal 
for  two  years,  at  $40  a  month.  S.  and  K.  went  into  possession  of  the  prem- 
ises and  occupied  them  for  about  two  years  and  a  half,  when  S.  went  out, 
and  K.  continued  the  occupation  together  with  H.  who  was  his  partner  in 
the  busmess,  carried  on  upon  the  premises,  paying  rent  for  the  residue  of  the 
original  term  of  three  years  at  the  rate  of  $35  a  month,  and  after  that  time 
$40  a  month,  until  the  1st  October,  1873,  when,  without  giving  any  notice 
in  writing  to  M.  they  left  the  premises,  and  H.  tendered  the  key  to  M.  which 
he  refused  to  accept.  M.  did  not  take  possession  of  the  premises  until  about 
1st  March,  1874,  (other  proceedings  having  been  instituted  to  recover  rent 
for  the  months  of  October  and  November,  1873,)  it  was  held : 

1st.  That  the  removal  of  S.  from  the  premises  and  the  occupancy  by  H. 
with  K.  as  his  partner,  and  the  recognition  by  M.  of  K.  and  H.  as  her  ten- 
ants by  accepting  rent  from  them,  was  evidence  of  the  surrender  by  S.  of 
his  tenancy  and  the  acceptance  by  M.  of  H.  as  tenant  in  the  place  of  S. 

2d.  That  K.  and  H.  having  continued  in  possession  as  tenants  after  the 
expiration  of  the  original  term  of  three  years,  and  continuing  to  pay  rent 
thereafter  at  the  rate  of  $40  a  month,  were  liable  to  M.  for  the  amount 
claimed,  by  reason  of  their  failure  to  terminate  the  tenancy  by  giving  writ- 
ten notice  as  required  by  sections  4  and  5  of  this  article.  Kinsey  &  Haslup 
V.  Minnick,  43  Md.  113. 

E.  A.  Frick  v.  S.  M.  Bona/parUy  in  City  Court,  March  24,  1874 :  Premises 
on  North  Street  were  leased  by  Bonaparte  to  Frick  at  $116.66  per  month, 
to  be  vacated  by  tenant  on  receiving  thirty  days'  notice.  Notice  was  duly 
given  by  landlord,  and  proceedings  to  obtain  summary  possession  instituted 
before  Myers,  J.  P. :  the  notice  was  to  appear  on  the  premises  on  26th  Sep- 
tember; but  there  was  no  appearance  by  the  landlord  and  justice  on 
that  day,  although  the  tenant  and  his  counsel  were  there. 

On  29th  September  the  justice  and  sherifi"  appeared  on  the  premises:  and 
the  justice  thereupon  gave  judgment  in  favor  of  the  landlord  for  restitution 
of  the  premises,  and  also  for  $66.56  damages  and  $19.65  costs :  the  tenant 
entered  a  protest  and  appealed. 

It  was  contended  by  tenant  on  appeal  that :  the  justice  should  have  pro- 
ceeded on  the  special  day  named  in  the  summons  as  directed  by  section  10  of 
this  article,  (see  also  sees.  2  and  3,  of  Art.  53,  P.  G.  L.)  The  landlord  con- 
tended: that  by  sec.  21  of  this  article,  the  defective  proceedings  of  the  justice 
were  of  no  material  importance,  and  that  the  decision  must  be  on  the  merits. 

Brown,  C.  J.,  held :  that  this  latter  view  was  correct.  By  sec.  14,  of  this  arti- 
cle, the  jury  is  authorized  and  required  to  assess  against  tenant  damage's  not 
exceeding  double  the  rate  of  rent,  and  also  for  expenses  of  landlord  over 
and  above  legal  costs ;  and  by  section  9  of  this  article  one  justice  has  all  the 


Tenants  for  Yeaes  oe  at  "Will.  1103 

Article  L. — Statutes. 

powers  of  two  justices  and  jury.  Judgment  was  accordingly  rendered 
against  tenant  for  restitution  of  property  and  $950  damages  and  costs,  (t.  e. 
rent  $700,  and  damages  and  costs  $250.)  The  court  also  held  that:  a  notice 
of  thirty  days  "from  date,"  excludes  day  of  date.  1  Pickering's  R.  485 ; 
Taylor  on  Landlord  and  Tenant,  p.  350. 

Kearney  v.  Smith,  in  City  Court,  January  8,  1876. — In  this  case  Edward 
Kearney  rented  a  room  to  Manson  Smith  for  three  months,  to  be  used  by  a 
glee  club  (of  which  Smith  was  treasurer)  for  two  nights  in  each  week ;  the 
room  to  be  lighted  and  heated  by  Kearney.  The  room  was  occupied  for 
about  one  month,  but  was  so  inadequately  heated  that  the  club  did  not  have 
the  beneficial  use  of  the  room :  Smith  then  abandoned  the  room  without  notice 
to  Kearney.  The  latter  before  the  end  of  the  three  months,  but  exactly  when 
did  not  appear,  put  a  large  stove  in  the  room  quite  suflBcient  to  heat  it. 
Smith  offered  to  pay  Kearney  for  the  nights  he  had  used  the  room,  but 
Kearney  demanded  the  three  months'  rent.  Brown,  C.  J.,  held,  that:  the 
failure  to  heat  the  room  properly  did  not  amount  to  an  eviction;  that  there 
was  a  failure  on  the  part  of  Kearney  to  comply  with  his  contract  of  heating, 
to  such  an  extent  as  to  deprive  the  defendant  of  a  beneficial  use  of  the  room, 
that  this  court  silting  on  an  appeal  from  a  judgment  of  a  justice  of  the 
peace  is  required  to  decide  "  according  to  law  and  equity  and  right  of  the 
matter,"  and  there  should,  therefore,  be  an  abatement  of  the  rent ;  and  in 
making  the  abatement  the  court  took  into  consideration  the  saving  of  coal 
and  gas  by  Kearney  for  the  time  after  the  club  had  abandoned  the  room. 


1104  Theatrical  Exhibitions. 


Article  LI. — Statutes. 


ARTICLE  LI. 

THEATRICAL  EXHIBITIONS. 


STATUTES . 

Women  and  girls  not  to  be  em-  I  places  of  amusement, 

ployed  as  waiters  in  theatres  or  I  3.   Penalty  for  non-compliance. 

ORDINANCES  . 


1.  Penalty  for  indecent  exhibitions. 

2.  Penalty  for  sparring  exhibitions. 


3.  Acrobatic  feats;  net  work  to  be 

provided. 

4.  Penalty. 


STATUTES. 
1864,  c,  399,  s.  5.      1.     It  shall  Dot  be  lawful  for  aiiy  proprietor,  lessee  or  man- 
woinenand      agcr  of  any  theatre,  museum  or  other  place  of  amusement,  to 
fmpioyed°as  *    cmploj  womcn  or  girls  as  waiters,  or  to  permit  them  to  act  in 
tres  or  places  of  such  theatre  or  place  of  amusement,  or  among  the  audience 

amusement. 

or  frequenters  of  such  theatre  or  place  of  amusement,  as 
waiters,  or  for  the  purpose,  or  under  the  pretence  of  selling, 
serving,  receiving  orders  or  pay  for  spirituous  or  malt  liquors, 
wines,  lager  beer,  or  any  other  refreshments  or  merchandise.* 
ibidjB.  3.  2.     Any  person  violating  the  provisions  of  the  preceding  sec- 

Penaity  for  non-  tiou  shall  be  dccmcd  guilty  of  a  misdemeanor,  and  on  convic- 
compiiance.  ^.^^  thcrcof  in  the  Criminal  Court  of  Baltimore,  shall  be  sen- 
tenced to  pay  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  or  to  imprisonment  in  jail  not  less 
than  one  month  nor  more  than  six  months,  or  to  both  fine  and 
imprisonment,  at  the  discretion  of  the  court,  and  to  forfeiture 
of  license ;  one-half  the  fine  to  be  paid  to  the  informer  and 
the  other  half  to  the  State. 

*  See  sec.  16,  &c.,  of  Art.  LII,  Vagrants. 


Theateioal  ExHIBinONB.  1105 


Article  LI. — Ordinances. 


ORDINANCES. 

1.  Every  person  who  shall  within  the  city  of  Baltimore  act,  No.  37,  ■.  8, 
exhibit,  show  or  perform  in,  or  cause  to  be  acted,  exhibited.  Penalty  for  in- 

,         .  1    •         1       decent  exhibi- 

shown  or  performed,  or  be  in  any  manner  concerned  in  the  'ions, 
acting,  exhibition,  showing  or  performance  of  any  indecent  or 
blasphemous  play,  farce,  opera,  public  exhibition,  show  or  en- 
tertainment or  performance  whatsoever,  or  of  any  indecent  or 
blasphemous  part  of  any  play,  farce,  opera,  public  exhibition, 
show,  entertainment  or  performance  whatsoever,  shall  forfeit 
and  pay  for  every  such  offence  the  sum  of  twenty  dollars.* 

2.  Every  person  who  shall  within   the  city  of  Baltimore  no.  36,  s.ie.R. 
give  or  perform  in,  or  be  in  any  manner  concerned  in  any  pub-  penalty  for 
lie  sparring  exhibition,  shall  forfeit  and  pay  for  every  such  buions. 
offence  the  sum  of  twenty  dollars. 

3.  No  agent,  owner  or  lessee  of  any  house  of  public  amuse-  no.  104,  Mar. 
ment,  or  any  agent,  owner  or  lessee  of  any  show,  circus  or  Acrobatic  feats, 
public  exhibition  of  any  kind  whatsoever,  shall  suffer  or  permit 

any  person  whomsoever  to  do  or  perform  those  acts  in  which 
feats  of  strength  and  skill  are  exhibited  by  the  performer  from 
apparatus  suspended  at  an  extraordinary  elevation  above  the 
stage,  without  first  providing  a  network  of  such  character  and  Net  work  to  be 

provided. 

materials  as  in  the  event  of  any  miscalculation  on  the  part  of 
the  performer  will  be  the  means  of  saving  him,  her  or  them 
from  accident  or  injury. 

4.  Any  agent,  owner  or  lessee  of  any  house  of  public  amuse-  iwa,  s.2. 
ment,  or  any  agent,  owner  or  lessee  of  any  show,  circus  or  pub-  penalty, 
lie  exhibition  of  any  kind  whatsoever,  offending  against  the 
provisions  of  the  preceding  section,  shall  forfeit  and  pay  a  fine 

of  fifty  dollars  for  every  time  such  offence  may  be  committed 
in  his,  her  or  their  house  or  place  of  public  amusement,  to  be 
recovered  as  other  fines  are  recoverable. 

*  The  city  is  authorized  by  sec.  10,  Art.  XXXIII,  Licenses,  (p.  577,  ante,) 
to  regulate  or  restrain  theatrical  or  other  public  amusements. 


1106 


Vagrants. 


Article  LII. 


ARTICLE  LII. 


VAGRANTS. 


STATUTES . 


1.  Warrant  to  arrest,  by  whom  is- 

sued :  when  returnable. 

2.  Who  deemed  vagrants. 

3.  Upon  proof  of  vagrancy  to  be 

sent  to  almshouse,  &c. 

4.  May  be  sent  to  House  of  Refuge, 

House  of  Correction,  &c. 

5.  Officers  to  detain. 

6.  To  compel  work. 

7.  Terms  of  confinement. 

8.  Officers  to  make  rules  and  regu- 

lations. 

9.  Guardian  of  minor  to  be  sum- 

moned. 

10.  Minor  may  be  bound  by  judge  or 

justice. 

11.  Who  deemed  minors. 

12.  Orphans'  Court  to  have  jurisdic- 

tion in  case  of  minors. 

13.  When  cases  to  be  tried  in  Crim- 

inal Court. 

14.  If  jury  trial  demanded,  justice 

may  certify  case  to  Criminal 
Court:  case  to  be  there  tried. 

15.  Costs,  what  and  how  paid. 

VAGRANT  CHILDREN. 

16.  Children  excluded  from  dance- 

houses,  concert    saloons,  &c.: 
exception:  penalty. 

17.  Habitual  begging :  care  of  child. 

18.  What  children  to  be  arrested :  to 

what  institutions  such  children 


to  be  committed :  news-boys 
excepted. 

19.  Persons  representing  themselves 

as  parents  or  guardians  of  such 
children:  penalty. 

HOME  OF  THE  FRIENDLESS. 

20.  What  children  may  be  sent  to 

Home  :  by  whom  to  be  sent. 

21.  To  remain  in  care  of  home. 

22.  Managers  may  bind. 

23.  Indentures,  how  executed  ana 

recorded. 

24.  Powers  of  managers  over  chil- 

dren. 

25.  Powers  of  constables,  police,  &c. 

HENRY  WATSON  CHILDREN'S  AID 
SOCIETY. 

26.  How    vagrant    minors  may  be 

taken  care  of,  and  who  author- 
ized to  commit,  &c.:  powers  of 
society:  regulations. 
boys'  home. 

27.  Objects. 

28.  Commitment  to  House  of  Refuge, 

&c. 

29.  Powers. 

DOLAN  children's  AID  SOCIETY. 

30.  Objects  and  powers 

HEBREW  ORPHAN  ASYLUM. 

31.  Objects  and  powers. 

32.  Children,  how  subject. 


Yaqrants. 


1107 


Article  LII. — Statutes. 


PROTESTANT  INFANT  ASYLtTM. 

.  Care  of  foundlings,  orphans  and 
destitute  children:  powers  of 
Orphans'  Court  and  justices  of 
the  peace :  when  children  to  be 


34. 


bound  out  as  apprentices :  evi- 
dence :  records  of  children  re- 
ceived, &c. 
Powers  of  asylum  over  children 
committed. 


STATUTES. 

1.  The  judge  of  the  Criminal  Court  of  Baltimore,  or  any  p.  l.  l.,  art.  4, 
justice  of  the  peace  of  the  city  of  Baltimore,  upon  informa-  warrant  to  ar- 
tion  that  any  person  in  said  city  is  a  pauper,  an  habitual 
beggar,  a  vagrant,  a  vagabond  or  disorderly  person,  shall 

issue  a  warrant  or  order,  to  be  directed  to  the  sheriflF  or  any  By  whom  is- 
constable  or  police  officer  of  said  city,  commanding  him  to 
bring  the  person  against  whom  the  information  is  given, 
before  said  court  or  said  justice  on  a  day  to  be  named  therein,  when  return- 
not  more  than  one  week  from  the  date  of  the  warrant,  to 
answer  to  the  said  charge. 

2.  Every  person  who  has  no  visible  means  of  mainte-  iMd,  sec.  908. 
nance  from  property  or  personal  labor,  or  is  not  permanently  who  deemed 
supported  by  his  or  her  friends  or  relatives,  and  lives  idle,  ^''^"° 
without  employment,  shall  be  deemed  a  pauper  ;  and  every 

person  who  habitually  wanders  about  and  begs  in  the  streets, 
or  from  house  to  house,  or  sits,  stands  or  takes  a  position  in 
any  place  and  begs  from  passers-by,  either  by  words  or 
gestures,  shall  be  deemed  an  habitual  beggar ;  and  every 
person  who  wanders  about  and  lodges  in  out-houses,  market- 
places, or  other  public  buildings  or  places,  or  in  the  open 
air,  and  has  no  permanent  place  of  abode,  or  visible  means 
of  maintenance,  shall  be  deemed  a  vagrant  ;  and  every  per- 
son who  leads  a  dissolute  and  disorderly  course  of  life,  and 
cannot  give  an  account  of  the  means  by  which  he  procures 
a  livelihood,  and  every  fortune  teller  or  common  gambler,  Fortune  teuers 
shall  be  deemed  a  vagabond  or  disorderly  person.  *°  ^*'° 

3.  The  said  court  or  said  justice,  upon  proof  that  any  ibid,  sec.  909. 
person  is  a  pauper,  an  habitual  beggar,  a  vagrant,  a  vaga- 


1108 


Vagrants. 


Article  LII. — Statutes. 


Upon  proof  of    bond  or  disorderly  person  as  aforesaid,  shall  send  such  per- 

ragrancy,  to  be  ' 

house" lo"**  son  to  the  almshouse  for  said  city,  or  to  such  other  suitable 
place  as  may  be  provided  lor  such  purpose  by  the  Mayor 
and  City  Council  of  Baltimore. 

ibid.sec.gu.         4.     Whenever  any  house  of  refuge,  house  of  correction, 

May  be  sent  to   work-housc  or  othcr  house,  building  or  place  shall  be  pro- 
House  of  Ref-        .  /  .  .  . 

uge,  House  of    yidcd  by  the  Mayor  and  City  Council  of  Baltimore,  to  which 

Correction,  fcc.  ''  •'  •'  ' 

persons  convicted  under  this  law  may  be  sent,  the  sa^'d  court 
or  said  justice  may  send  them  to  any  such  house,  building 
or  place,  if  the  judge  of  said  court  or  said  justice  consider  it 
to  be  a  more  suitable  place  for  the  purpose  than  the  alms- 
house.* 


5.  The  trustees  of  the  almshouse,  and  the  officers  of  the 
other  places  to  which  persons  convicted  under  the  preceding 
two  sections  may  be  sent,  shall  keep  them  during  the  time 
for  which  they  are  to  be  kept,  so  that  they  cannot  escape 
from  said  place. 

6.  The  said  trustees  and  other  officers  shall  put  such  of 
said  persons  so  convicted  as  are  able  to  work,  to  the  work 
which  they  are  respectively  best  able  to  do. 

7.  The  time  for  which  any  person  shall  be  sent  to  the 
almshouse  or  other  place  as  aforesaid  shall  not  be  less  than 
one  week  nor  more  than  two  months,  for  the  first  occasion  ; 
and  not  less  than  one  month  nor  more  than  six  months  for 
the  second  or  any  subsequent  occasion. 

Ibid,  sec.  914.        8.     The  trustccs  of  the  almshouse  and  managers  of  the 
Officers  to  make  house  of  rcfugc,  and  officers  of  the  other  places  to  which 

rules  and  regu-  •  •iini  i-i 

lations.  persons  may  be  sent  as  aforesaid,  shall  have  the  right  to 

make  all  proper  rules  and  regulations  for  the  purpose  of 
carrying  out  the  aforesaid  provisions. 


Ibid,  sec.  911. 

Officers  to  de- 
tain. 


Ibid,  sec.  912. 

To  compel  to 
work. 


Ibid,  sec.  913. 

Terms  of  con- 
finement. 


*  See  Article  XXVI,  Houses  of  Refuge  and  Reformation. 


Vagrants.  1109 

Article  LII. — Statutes. 


9.  Whenever  any  minor  shall  be  brought  before  the  judge  iMd.  sec.  915. 
or  justice  as  aforesaid,  the  parents  or  guardians  of  such  Guardian  of  mi- 
rainor,  11  they  be  resident  within  the  city  01  Baltimore,  and  moned. 
their  names  and  place  of  residence  be  made  known  to  such 

judge  or  justice,  shall  be  summoned  to  show  cause,  if  any 
they  have,  why  such  minor  should  not  be  sent  to  the  alms- 
house or  other  suitable  place,  or  be  otherwise  punished  ac- 
cording to  law. 

10.  The  said  judge  or  justice  shall,  if  a  suitable  master  ibid.sec.  910. 
or  mistress  can  be  found,  and  he  judges  it  best  for  the  minor,  Minor  may  be 
bind  such  minor  an  apprentice  to  some  useful  art,  trade  or  or  justice, 
occupation,  in  the  same  manner  and  on  the  same  conditions 

as  apprentices  may  now  be  bound  by  the  laws  of  this  State. 

11.  Every  unmarried  male   under  twenty-one  years  of  iwd,  sec.  917. 
age,  and  unmarried  female   under  eighteen  years  of  age,  who  deemed 
shall  be  considered  minors  within  the  meaning  of  the  pre- 
ceding section. 

1 2.  The  Orphans'  Court  of  Baltimore  City  shall  have  con-  iwd,  sec.  918. 
current  jurisdiction  over  all  cases  of  minors  under  the  pre-  orphans'  court 
ceding  sections,  and  exercise  all  the  powers  in  relation  to  d^cuonVncwe 

of  minors. 

them  which  are  hereinbefore  granted  to  the  Criminal  Court 
and  to  justices  of  the  peace  of  said  city. 

13.  The  Criminal  Court  of  Baltimore  shall  try  all  cases  ibid.sec.  919. 
which  may  be  brought  before  it  in  relation  to  vagrants  and  when  cases  to 
beggars,  in  the  same  manner  and  at  the  same  time  as  cases  criminal  court, 
for  assault  and  battery  are  now  tried  by  said  court ;  provided,  Prtyim. 
that  the  trial  shall  be  by  jury,  if  demanded  by  the  party 
charged. 

14.  If  in  any  case  which  may  be  brought  before  a  justice  of  iwd,  sec.  920. 
the  peace,  or  before  the  Orphans'  Court,  the  party  charged  if  jury  trial  de- 
shall  demand  a  jury  trial,  the  said  justice  or  said  court  shall  phans-  court  or 

justice  mAjr  cer- 

certify  said  case  to  the  Criminal  Court  of  Baltimore,  to  be  «fy  case  to 

*'  Criminal  Court; 


1110  Vagrants. 

Article  LIE. — Statutes. 


caseto  be  there  proceeded  with  and"  tried  by  said  court,  in  the  same  man- 
ner as  if  the  case  had  been  originally  brought  before  said 
court. 

Ibid,  sec.  921.        15.     The  justicc  of  the  peace,  and  the  clerk  of  the  Crimi- 
costg,  what  and  ual  Court,  and  Register  of  Wills  of  the  Orphans'  Court  afore- 

how  paid. 

said,  respectively,  shall  receive  the  sum  of  twenty-five  cents 
for  issuing  every  warrant,  and  fifty  cents  for  making  out 
every  commitment  or  indenture  of  apprenticeship  of  such 
vagrants  or  beggars,  and  the  constable,  sherifi"  or  police 
officer  for  serving  said  warrant,  and  bringing  the  person 
charged  before  either  of  said  courts,  or  before  said  justice, 
shall  receive  the  sum  of  fifty  cents,  and  for  carrying  any 
person  committed  to  the  place  of  commitment,  the  sum  of 
fifty  cents,  which  several  sums  shall  be  paid  as  other  costs 
in  criminal  cases  are  now  paid,  but  either  of  said  courts,  or 
said  justice,  may  at  discretion  adjudge  that  the  said  costs 
shall  be  paid  by  the  informer,  in  cases  where  the  person 
charged  is  acquitted. 

VAGRANT  CHILDREN. 

1878,  C.473.  16.     No  minor,  if  a  girl  under  the  age  of  sixteen  years, 

Children  ex-     and  if  a  boy  under  the  age  of  fourteen  years,  shall  be  ad- 
dance-houses,    mittcd  to  or  permitted  to  remain  in  any  saloon,  place  of 

concert  saloons, 

*«•  entertainment  or  amusement  known  as  dance-houses,  con- 

cert saloon,  theatre  or  varieties,  where  immoral,  indecent, 
obscene  or  vulgar  language,  display  or  performance  is  per- 
mitted, allowed  or  carried  on,  or  where  any  spirituous 
liquors,  wines,  intoxicating  or  malt  liquors  are  sold,  ex- 

Exception.  changed  or  given  away,  unless  accompanied  by  parents  or 
guardian.  Any  proprietor,  keeper  or  manager  of  any  such 
place,  who  shall  admit  such  minor  to  or  permit  him  or  her 
to  remain  in  such  place,  unless  accompanied  by  parent  or 
guardian,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon 


Yageants.  1111 

Article  LII. — Statutes. 


conviction  by  any  court  of  competent  jurisdiction,  be  fined  Penalty, 
ten  dollars  and  costs  for  each  and  every  ofience.* 

17.  Every  person  having  the  custody  of  any  girl  under  wtb,  c.  473. 
the  age  of  sixteen  years,  and  of  any  boy  under  the  age  of  Hawtuai  beg. 
fourteen  years,    shall  restrain  such  child  from  habitually 
begging,  whether  actually  begging  or  under  the  pretence  of 
peddling.     Any  person  oflfending  under  this  section  shall  be 
considered  and  deemed  as  incapable  of  taking  care  of  and  ctr«  of  child, 
providing  for  such  child,  and  such  child  shall,  by  reason 
thereof,  be  deemed  as  coming  within  the  conditions  of  the 

next  succeeding  section. 

18.  Any  girl  apparently  under  the  age  of  sixteen  years,  i878,c.478. 
and  any  boy  apparently  under  the  age  of  fourteen  years,  what  children 
that  comes  within  any  of  the  following  descriptions  named  : 

that  is  known  to  be  habitually  begging  or  receiving  or 
gathering  alms,  whether  actually  begging  or  under  the  pre- 
tence of  peddling  or  offering  for  sale  anything,  or  being  in 
any  street,  road  or  public  place  for  the  purpose  of  so  begging, 

*  As  to  mendicant  and  vagrant  children,  the  Act  of  1876,  c.  392,  provides, 
that :  any  person  whether  as  parent,  relative,  guardian,  employer  or  other- 
wise having  in  his  care,  custody  or  control  any  child  under  the  age  of  six- 
teen years,  who  shall  sell,  apprentice,  give  away,  let  out  or  otherwise  dispose 
of  any  such  child  to  any  person,  under  any  name,  title  or  pretence  what- 
ever, and  any  person  who  shall  take,  receive,  hire,  employ,  use,  or  have  in 
custody  any  such  child  for  the  vocation,  use,  occupation,  calling,  service,  or 
purpose  of  singing,  playing  on  musical  instruments,  rope  walking,  dancing, 
begging,  peddling  or  any  mendicant  or  wandering  business  whatsoever, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  be- 
fore any  justice  of  the  peace  or  other  competent  tribunal  shall  be  fined  in  a 
sum  not  less  than  fifty  nor  more  than  two  hundred  and  fifty  dollars,  or  suffer 
imprisonment  in  a  county  jail  for  a  period  not  less  than  thirty  days  nor  more 
than  one  year,  or  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court.  And  if  on  any  examination  before  any  magistrate,  it  shall  be  proved 
that  any  child  was  engaged  in  any  business  or  vocation  designated,  and  in 
the  manner  mentioned  in  this  act,  he  shall  be  deemed  a  vagrant  and  shall  be 
committed  to  the  custody  of  the  poor  or  almshouse  authorities  to  be  dealt 
with  according  to  law. 


1112 


Vagrants. 


Article  LII. — Statutes. 


gathering  or  receiving  alms ;  that  is  found  wandering  and 
not  having  any  home  or  settled  place  of  ahode  or  proper 
guardianship,  or  visible  means  of  subsistence  ;  that  is  found 
destitute,  either  being  an  orphan  or  having  a  vicious  parent 
who  is  undergoing  penal  servitude  or  imprisonment ;  that 
frequents  the  company  of  reputed  thieves  or  prostitutes,  or 
houses  of  assignation  or  prostitution,  or  dance  houses,  concert 
saloons,  varieties,  or  places  specified  in  section  16  hereof, 
without  parent  or  guardian,  shall  be  arrested  and  brought 
before  a  court  or  magistrate.  When,  upon  examination  before 
a  court  or  magistrate,  it  shall  appear  that  any  such  child  has 
been  engaged  in  any  of  the  aforesaid  acts,  or  comes  within  any 
of  the  aforesaid  descriptions,  such  court  or  magistrate,  when  it 
shall  deem  it  expedient  for  the  welfare  of  the  child,  shall  com- 
mit such  child  to  an  orphan  asylum,charitableor  other  insti- 
tute, or  make  such  other  disposition  thereof  as  now  is  or  may 
hereafter  be  provided  by  la.w  in  case  of  vagrants,  truant,  dis- 
orderly, pauper  or  destitute  children  ;  provided,  however,  that 
none  of  the  provisions  of  this  act  shall  be  construed  so  as  to 
prevent  children  from  selling  or  offering  for  sale  newspapers. 

19.  Any  person  or  persons  representing  himself,  herself 
or  themselves  to  be,  or  passing  himself,  herself  or  themselves 
off  as,  the  parent  or  guardian  of  a  child,  or  children,  re- 
ferred to  in  any  of  the  aforesaid  sections  of  this  act,  and  it 
shall  appear  that  such  person  is  not  either  the  parent  or 
guardian  of  said  child,  such  person  or  persons  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  by 
any  court  of  competent  jurisdiction,  shall  be  fined  not  more 
than  twenty  dollars  and  costs  for  each  and  every  offence. 


To  what  insti> 
tutions  such 
children  to  be 
committed. 


Newsboys  ex- 
cepted. 


1878, c.  473. 

Persons  repre- 
senting them- 
selves as  pa- 
rents or  guard- 
ians of  such 
children. 


Penalty. 


HOME  OF  THE  FRIENDLESS. 


20.  The  justices  of  the  peace  for  Baltimore  city,  the  trus- 
tees of  the  poor  for  said  city,  and  the  ward  managers  of  the 
poor  in  said  city,  may  commit  to  the  care  and  charge  of  the 


Vagrants.  1113 

Article  LIL — Statutes. 


Home  of  the  Friendless,  instead  of  sending  to  the  almshouse,  vagrant  chil- 
dren may  be 

all  children,  whether  male  or  female,  who  are  destitute  or  •ent  to  Home  or 

'  the  Friendless. 

suffering  for  want  of  support,  or  who  may  he  found  begging 
about  the  streets  of  the  city,  or  who  are  children  of  beggars. 


21.  The  children  thus  committed  to  the  care  of  said  cor-  p. l. L.art.  4, 

,  .  sec,  9-2"2. 

poration,  shall  remain  under  the  care  of  the  corporation,  and  to  remain  in 

c&re  of  Home 

of  the  managers  thereof,  and  shall  be  obedient  to  the  rules, 
regulations  and  discipline  as  apprentices,  and  be  subject  to 
all  laws  concerning  the  duties  and  liabilities  of  apprentices. 

22.  The  Home  of  the  Friendless,  and  the  managers  thereof,  isro,  e.  225. 
may  retain  the  said  children  under  their  care  until  they  shall  Managers  may 
be  eighteen  years,  or  any  shorter  period,  and  may  bind  them 

out  for  a  time  not  to  exceed  the  age  of  eighteen  years  in  the 
case  of  females,  and  of  twenty-one  years  in  the  case  of  males, 
as  apprentices  to  learn  any  trade  or  business,  or  in  the  case  of 
females  also  to  learn  to  be  useful  in  house  wifery,  or  may  un- 
der terms  proper  in  view  of  the  said  managers  and  to  be  by 
them  stipulated,  place  them  for  adoption,  or  as  inmates  with 
any  families  or  persons  ;  and  the  said  corporation  in  the  exer- 
cise of  any  of  the  powers  vested  in  them  by  this  section,  of 
binding  or  placing  out  said  minors,  shall  not  be  limited  to 
places  within  the  State. 

23.  All  instruments  binding  or  placing  out  said  children,  p.  l.  l.,  art.  4, 
shall  be  in  writing,  signed  by  the  president  and  at  least  two  indentures- 

.  Til  1  •  I.      ^^'^  executed 

managers  of  said  corporation,  and  by  the  persons  taking  the  and  recorded. 
children  as  apprentices  or  otherwise,  and  shall  be  acknowledged 
by  the  persons  signing  the  same  before  a  justice  of  the  peace  for 
Baltimore  city,  and  within  six  months  from  the  date  thereof 
recorded  in  the  office  of  the  Register  of  Wills  of  said  city. 

24.  If  any  parent  or  guardian  or  any  judge  of  the  Orphans'  1370,  c.  225, 
Court  of  Baltimore  city,  or  any  justice  of  the  peace  for  said  city  Power  of  man- 
shall  place  under  the  care  and  control  of  the  Home  of  the  Friend-  dfl"  "^"^  *^ 
less  any  child  whether  male  or  female  under  the  age  of  eighteen 


1114  Vagrants. 

Article  LII. — Statutes. 


years,  of  the  description  of  children  hereinbefore  mentioned,  or 
as  suffering  through  the  extreme  indigence  or  vagrancy  or  bad 
habits  or  neglect  of  parents,  or  from  cruelty  of  intemperate 
parents,  or  as  being  illegitimate,  or  children  of  persons  out  of 
the  State  without  sufficient  sustenance,  the  said  corporation  and 
the  managers  thereof  shall  hold  and  control  such  children,  with 
power  to  bind  or  place  them  out  as  hereinbefore  provided. 

1870,  c.  225.  25.     Any  constable  or  police  officer  of  said  city,  upon  ap- 

constabies,  &c.,  plicatiou  of  any  manager  of  the  Home  of  the  Friendless,  or  of 

may  take  chil-  t      n  •  r\  ^ 

dren  before      his  own  accord,  mav  carry  before  anv  ludge  of  the  Orphans 

Orphans' Court,  t  J  J  ^    J       b  f 

mitment*^"™"  ^lourt  for  Said  city,  or  any  justice  of  the  peace,  any  child  of  the 
description  mentioned  in  the  preceding  section,  to  be  dealt  with 
as  therein  provided. 


HENRY  WATSON  CHILDREN'S  AID  SOCIETY. 

1864,0.296.  26.     The  judges  of  the  Orphans'  Court  of  Baltimore  City, 

How  vagrant     the  judgc  of  the  Criminal  Court,  any  justice  of  the  peace,  the 

minors  may  be  ni-n  ii  i  n     i  -t 

taken  care  of,     irustecs  ot  the  roor  and  the  ward  managers  oi  the  poor  and 

and  who  au-  °  * 

commu*  &c  ^"^  poHcc  officcr  or  constable  of  said  city,  are  hereby  author- 
ized and  empowered  to  deal  with  and  commit  to  the  president 
and  board  of  managers  of  the  Children's  Aid  Society  of  Bal- 
timore,* any  minor,  whether  male  or  female,  in  the  same  man- 
ner and  under  the  same  circumstances,  as  they  are  authorized 
to  deal  with  and  commit  minors  to  the  care  and  charge 
of  the  Home  of  the  Friendless,  under  this  article ;  and  the 

*  By  the  Act  of  1873,  e.  14,  the  name  of  the  Children's  Aid  Society  of 
Baltimore  was  changed  to  the  Henry  Watson  Children's  Aid  Society 
of  Baltimore.  This  act  declares,  that  the  object  of  the  society  shall  be  to 
improve  the  condition  of  poor  and  destitute  children  of  the  city  of  Balti- 
more, and  especially  by  procuring  them  homes  in  the  country,  and  that  all 
legacies  given  by  persons  dying,  after  the  date  of  the  act  [Feb.  12,  1873,] 
and  intended  for  this  society,  but  given  by  its  former  name  of  The  Children's 
Aid  Society  of  Baltimore,  instead  of  its  name  as  fixed  by  this  act,  shall  re- 
main and  inure  to  the  benefit  of  The  Henry  Watson  Children's  Aid  Society 
of  Baltimore.    This  act  was  further  amended  by  the  Act  of  1876,  c.  81. 


Yageants.  1115 

Article  LII. — Statutes. 


president  and  board  of  managers  of  said  Children's  Aid  Socie-  Powers  of  chn- 

/.-I-,,.  11  t     ,  1  11  •  dren's  Aid  So- 

ty  of  isaltiraore  are  hereby  vested  in  regard  to  all  minors,  ciety. 
male  or  female,  with  all  the  rights,  powers  and  authority  which 
the  Home  of  the  Friendless,  or  the  president  and  managers 
thereof  by  this  article  are  vested  with ;  and  are  to  observe  the 
same  forms  and  regulations  in  regard  to  the  binding  out,  adopt-  Regulations, 
ing  or  otherwise  disposing  of  minors,  male  and  female,  com- 
mitted to  them  by  virtue  of  this  section. 

BOYS'  HOME. 

27.  The  special  objects  and  purposes  of  the  Boys'  Home  i874,c.68,«.  i. 
Society  shall  be  to  shelter  and  protect  destitute  and  homeless  objects, 
boys,  to  furnish  them  with  food,  raiment  and  lodging,  to  stimu- 
late them  to  honest  efforts  to  earn  a  livelihood,  to  instruct  them 

after  working  hours  in  moral  and  religious  truths,  and  in  the 
rudiments  of  education,  to  aid  and  encourage  them  out  of  va- 
grancy and  ignorance  to  rise  up  into  a  better  life  of  virtue, 
industry  and  usefulness,  and  generally  to  stand  in  the  relation 
of  parent  to  such  homeless  boys. 

28.  The  Boys'  Home  shall  have  authority  to  procure  the  iwd,  s.  6. 
commitment  of  any  minor  in  the  home,  either  to  the  House  of  commitment  to 
Refuge  or  to  any  other  reformatory  institution,  in  all  cases  Refuge,  be 
where,  by  reason  of  incorrigible  or  vicious  conduct,  such  minor 

has  rendered  his  control  beyond  the  power  of  the  superin- 
tendent of  said  Home,  and  made  it  manifestly  requisite  that, 
from  regard  for  the  morals  and  future  welfare  of  such  minor, 
and  the  peace  and  order  of  society,  he  should  be  placed  in  such 
reformatory  institution ;  and  the  said  society  shall  proceed  in  all 
such  cases  in  the  same  manner  in  all  respects  as  the  parent  or 
guardian  of  such  minor  might  or  could  do  under  existing  laws. 

29.  The  said  society  shall  have  power  to  place  the  boys  ibid,  s.  8. 
committed  to  their  care,  during  the  minority  of  such  boys,  at  powers, 
such  employments,  and  cause  them  to  be  instructed  in  such 


1116  Yagrantb. 

Article  LII. — Statutes. 


powers. 


branches  of  useful  knowledge,  as  may  be  suited  to  their  years 
and  capacities.* 

DOLAN  CHILDREN'S  AID  SOCIETY. 
1872.  c.  205,  s.  8.      30.     The  Dolan  Children's  Aid  Society,  under  the  charge 
Objects  and      of  the  Touug  Oatholics'  Friend  Society,  may  exercise  all  the 

powers  conferred  by  law  upon  any  other  children's  aid  society 

in  the  city  of  Baltimorcf 

HEBREW  ORPHAN  ASYLUM. 
1874,  c.  340,  s.  2.  31.  Thc  Hcbrcw  Orphan  Asylum  of  Baltimore  City,  and 
Objects  and  the  oflSccrs  and  board  of  directors  thereof,  shall  have  the  exclu- 
sive care,  charge,  custody  and  control  of  all  children  whom 
they  shall  receive  into  said  asylum,  until  they  shall  be,  if  males, 
twenty-one  years  old ;  if  females,  eighteen  years  old,  or  any 
shorter  period  for  which  they  may  be  received  by  said  corpo 
ration ;  and  to  bind  them  out  for  a  time  not  exceeding  said 
ages  of  twenty-one  and  eighteen  years  respectively,  or  such 
shorter  period  as  aforesaid,  as  apprentices  to  learn  any  profes- 
sion, trade,  business,  or  useful  occupation  ;  or  may  under  terms 
proper  in  the  view  of  the  said  officers  and  board  of  directors, 
and  to  be  by  them  stipulated,  place  them  for  adoption,  or  as 
inmates  with  any  families  or  persons ;  said  corporation,  in  the 
exercise  of  any  of  these  powers  of  binding  or  placing  out  not 

*  See  Act  of  1878,  c.  267,  p.  459,  sec,  12,  ante. 

t  The  Act  of  1872,  c,  21,  recites  that  the  Rev.  James  Dolan,  late  of  the  city 
of  Baltimore,  deceased,  by  his  last  will  and  testament,  duly  probated,  &c., 
did  bequeath  the  one-third  part  of  his  estate,  real,  personal  and  mixed,  to  the 
Young  Catholics'  Friend  Society  of  the  City  of  Baltimore,  for  the  purpose  of 
establishing  a  Children's  Aid  Society ;  and  that  as  doubts  may  exist  as  to 
the  vesting  of  said  estate  in  said  society,  that  in  order  to  give  validity  to  said 
bequest,  and  to  carry  out  the  charitable  design  of  said  Dolan,  it  enacts  that 
the  said  devise  and  bequest,  as  also  the  specific  devise  of  a  house  and  lot  on 
Gough  street,  to  the  Young  Catholics'  Friend  Society,  for  the  purpose  ex- 
pressed in  his  last  will  and  testament,  is  hereby  confirmed,  and  the  said 
society  is  hereby  authorized  to  hold  the  same  for  the  said  purposes.  The 
Act  of  1872,  c.  205,  incorporated  this  society. 


Vagbantb.  1117 

Article  LII. — Statutes. 


being  limited  to  places  within  this  State,  and  all  such  acts  of 
binding  or  placing  out  being  required  to  be  in  writing,  signed 
by  the  president  or  vice  president  of  said  corporation,  and  by 
the  persons  taking  the  children  as  apprentices  as  aforesaid, 
and  by  said  signers  acknowledged  before  a  justice  of  the 
peace  of  Baltimore  city,  notary  public,  or  a  commissioner  of 
deeds  of  the  State  of  Maryland,  and  recorded  in  the  office 
of  Eegister  of  Wills  of  Baltimore  City. 

32.  The   children    received    under   the   care   and  charge  ibw, s,  4. 
aforesaid    shall    be    subject  to  all  the  rules,  regulations  and  chiidren-how 
discipline  of  said    corporation  to  every  effect  as  apprentices 

are  bound  in  respect  to  their  masters  and  mistresses,  and  sub- 
ject to  all  the  laws  concerning  the  duties,  liabilities  and  pro- 
bation of  apprentices. 

PROTESTANT  INFANT  ASYLUM, 

33.  The  Protestant  Infant  Asylum   of  Baltimore  City,  a  igyg,  c.  297. 
corporation  duly  incorporated  under  the  laws  of  this  State,  care  of  round- 
is  hereby  authorized  and  empowered  to  receive  into  its  cus-  and  destftute" 
tody,  care  and  control,  all  such  foundlings  and  orphans  and 

other  destitute  infants  under  the  age  of  four  years  as  shall 
be  committed,  by  instrument  of  writing,  under  the  hand  of 
the  party  so  committing  to  its  keeping,  by  the  parents,  guar- 
dians or  others  having  the  right  of  disposition,  or  by  any 
Orphans'  Court  or  justice  of  the  peace  of  this  State,  (if  of  powers  of  or- 


the  class  of  children  whom  such  court  or  justice  could  law- and  justices  of 

.      the  peace. 

fully  bind  out  as  apprentices,  which  commitment  to  the  said 
Protestant  Infant  Asylum  of  Baltimore  City  such  Orphans' 
Courts  and  justices  are  hereby  empowered  to  make,)  and  re- 
tain under  its  care,  charge  and  restraint  each  of  such  found- 
lings and  infant  children  so  committed  to  its  keeping  until 
he  or  she  shall  have  attained  the  full  age  of  fourteen  years,  when  children 
or  for  any  shorter  period,  and  at  or  before  said  age  to  bind  as  apprentices, 
out  any  and  every  one  of  said  foundlings  and  infants  for  a 


1118 


Yageants. 


Article  LII. — Statutes. 


term  of  time  not  exceeding  the  age  of  twenty -one  years  if 
the  child  be  a  male,  or  of  eighteen  years  if  the  child  be  a 
female,  as  an  apprentice  to  learn  any  trade  or  business  suit- 
able to  the  sex  of  the  child,  or  to  learn  to  be  useful  in 
housewifery,  or  to  place  them  for  adoption  or  as  inmates 
with  any  families  or  persons,  or  transfer  them  to  the  cus- 
tody, charge,  care  and  training  of  any  corporate  or  other 
home,  asylum  or  other  association  authorized  by  law  to  re- 
ceive such  children,  and  retain  or  bind  them  out  in  this 
State;  provided,  that  all  such  acts  of  binding,  placing  or 
transferring  shall  be  evidenced  by  instrument  of  writing, 
signed  by  the  president  of  said  Protestant  Infant  Asylum 
of  Baltimore  City,  and  by  the  person  or  corporation  taking 
such  child  as  apprentice,  or  for  adoption,  or  for  subsequent 
custody,  care  and  rearing,  and  by  such  signers  acknowledged 
before  a  justice  of  the  peace  of  this  State,  and  within  one 
month  from  the  date  thereof  recorded  in  the  office  of  the 
Register  of  Wills  of  Baltimore  City,  at  the  expense  of  the 
party  so  taking,  receiving  or  adopting ;  and  provided,  also, 
that  the  said  Protestant  Infant  Asylum  of  Baltimore  City 
shall  keep  a  fair  record  in  a  suitable  book  of  the  admission 


Evidence. 


Where  instru- 
ments to  be  re- 
corded. 


Records  efchii-  of  all  children  SO  received  into  its  custody  and  care,  in  which 

dren  received,        rni  jij  j,        ■,      .      . 

&c-  shall  be  stated  the  date  of  admission,  the  name  and  age  of 

the  child  at  the  time  of  admission,  the  name  of  the  person 
or  justice  by  whom  or  the  court  by  which  committed,  and 
the  name  of  the  nearest  relatives  when  known  to  the  corpo- 
ration or  its  officer  charged  with  the  admission  of  inmates. 

Ibid, •.a  34.     The  foundlings  and  infant  orphan  and  other  destitute 

Powers  of  Asy- children  under  the  care  and  charge  of  the  said  corporation, 
dren  committed  shall  be  and  remain  under  its  control  and  restraint  and  under 
its  charge,  and  of  the  officers  and  managers  and  agents  thereof, 
and  bound  to  obedience  to  its  rules,  regulations  and  discipline, 
to  every  effect  as  apprentices  are  bound  in  respect  of  their 
masters  and  mistresses,  and  subject  to  all  laws  concerning  the 
duties,  liabilities,  privileges  and  rights  of  apprentices. 


Water. 


1119 


Article  LIU. 


ARTICLE   LIII. 


WATER. 


STATUTES. 


ACQUISITION  OF  LANDS,  WATEB8  AND 
WATER-COURSES. 

1.  Power  to   corporation  to    pur- 

chase, &c.,  land,  &c.,  to  intro- 
duce water  into  city. 

2.  Agreement  with  owners  of  lands, 

water,  &c. 

3.  Power    to    condemn:    warrant 

from  justice  of  the  peace  to 
Sheriff:  jury:  notice. 

4.  Jury. 

5.  Power  of  jury. 

6.  Oath  of  jurors. 

7.  Inquisition. 

8.  Another  inquisition :  appeal  to 

the  Court  of  Appeals:  time 
within  which  to  be  taken: 
costs. 

9.  What  inquisition  to  contain :  ef- 

fect of  same. 

10.  Jury. 

11.  Compensation  to  jurors,  Sheriff, 

j&c:  how  paid. 


WATER  BATES,  40, 

12.  Corporation  to  issue  certificates 

of  stock:  water  rates:  how 
collected :  watchmen  and  po- 
lice force :  fines  and  penalties. 

BALTIMORE  WATER  COMPANY. 

13.  Power  to  purchase  right  of  com- 

panies :  water  tax. 

LAKE  ROLAND,  RESERVOIRS,  DAMS. 

14.  Polluting   the   water   in  lakes, 

dams,  &c.:  penalty. 

15.  Erecting   privies,  hog  pens,  &c.: 

penalty. 

16.  Injuring  dam :  penalty. 

PINES  AND  FORFEITURES. 

17.  Fines  and  forfeitures,  how  re- 

coverable. 

18.  Action  of  damages. 

PUMPS. 

19.  Power  to  erect  and  regulate. 


ORDINANCES 


WATER  BOARD. 

Six  commissioners :  president : 
secretary :  quorum :  vacancies : 
rules  and  regulations,  &c.:  ap- 
pointment of  police  and  watch- 
men. 

Meetings. 


Title  papers:  books:  monthly 
statement :  report  to  Council : 
receipts  and  disbursements. 

Officers  not  to  be  interested  in 
contracts,  &c.:  when  contracts 
void. 


1120 


"Water. 


Article  LIII. 


5.  Water  department :  oflScers :  sal- 

aries: bonds. 

WATER  BEGISTBAR. 

6.  The    Water   Registrar :    duties : 

water  rates :  books :  collectors : 
depositing  funds. 

7.  Daily  payments  to  City  Register : 

8.  Register  to  open  account  in  bank: 

payment  of  interest  on  water 
stock. 

9.  How  funds  drawn  from  Register. 

10.  Monthly  payments  by  Board. 

11.  Accounts  with  Registrar :  abate- 

ments. 

12.  Registrar  to  make  monthly  state- 

ment: water  takers:  receipts 
and  expenditures. 

WATER  ENGINEER. 

13.  Duties:  record  of  water  takers, 

&c. 

14.  To  make  out  bills:  to  employ 

labor:  monthly  and  annual 
statements:  to  hold  no  other 
office. 

WATER  RATES. 

15.  When  payable :  discounts :  how 

bills  collected. 

16.  Water  rates  :  steam  boilers  used 

for  generating  steam  for  en- 
gines. 

17.  No    charge  for  water  used  for 

building  purposes. 

18.  Completion  of  building    to    be 

certified  to  Water  Registrar: 
penalty 

19.  Water     meters     for     railroads, 

hotels,  &c.:  charges :  when 
supply  cut  ofiF. 

20.  When  abatements  made  in  Reg- 

istrar's office. 

21.  When  water  may  be  stopped : 

fine  for  permitting  others  to 
use  water:  for  tapping  pipe, 
&c.:  proviso. 

22.  Officers  to  report  to  Registrar. 

23.  Rates  printed  on  bills. 


26. 


27. 

28. 


24.  Free  use  of  water  by  municipal- 

ity: proviso:  to  what  not  ap- 
plicable. 

WORKS. — LAYING  PIPES  IN  STREETS. 

25.  Permission  to  lay  pipes:  streets 

to  be  restored  to  their  former 
condition. 

Streets  when  dug  up,  how  to  be 
repaired:  rubbish,  &c.:  when 
to  be  removed. 

Defective  pipes  to  be  repaired. 

What  pipes :  notice :  duty  of 
Water  Board  relative  to  defect- 
ive pipes:  penalty  for  refusing 
to  allow  Board  to  repair  de- 
fective pipes. 

PAVEMENTS. 

Pavements  taken  up,  when  to  be 

repaved. 
Pavements  not  to  be  broken  up 

without  permission. 
Repaving  regulated. 
Paving,  &c.,  streets:    bricks  to 

mark  water  stops :  penalty. 
Water  stops :  penalty. 

HYDRANTS  AND  FIRE  PLUGS. 

Unlawful  to  erect  hydrants  that 
waste  in  the  earth :  penalty. 

Hydrants  regulated :  penalty. 

Penalty  for  allowing  water  to 
flow  from  hydrants. 

Penalty  for  injuring  fire  plugs  or 
opening  the  same. 

INJURING  WATER  WORKS. 

38.  Penalty  for  inj  uring  water  works. 

NEW   HYDRANTS  AND  FIRE  PLUGS. 

39.  New  hydrants,  principle  to  be 

approved  by  Board:  penalty. 

Board  to  erect  fire  plugs:  pro- 
viso. 

Appropriation. 

CONTROL  OP  OTIGISTRAR. 

Connection  not  to  be  made  or 
water  turned  on  without  con- 
sent of  Registrar. 


29. 

30. 

31. 
32. 

33. 

34. 

35. 
36. 

37. 


40 


41. 


42 


Water. 


1121 


Article  LIII. 


43.  Penalty  for   refusing   to  allow 

Registrar  to  visit  premises. 

FINES  AND  PENALTIES,  AND  POLICE. 

44.  Fines  and  penalties,  how  recov- 

ered. 

45.  Police  to  report  violations  of  or- 

dinance. 

FOUNTAINS. 

46.  Public  fountains. 

PRIVATE  PTTMPS. 

47.  Private  wells :  use  of  water. 

48.  Care  of  private  pumps:    when 

ceded  to  city. 

49.  Penalty. 

PUMPS. 

50.  Application     for     erection     of 

pumps :  duty  of  Water  Engi- 
neer: apportionment:  duty  of 
Water  Registrar. 

51.  Water  Registrar  to  furnish  each 

person  assessed  for  pumps,  bills 
for  same:  enforcing  payment. 

52.  Pumps  out  of  limits  of  direct 

taxation. 

53.  Appeal  to  Water  Board:  referees. 

ARTESIAN  WELLS. 

54.  Artesian  wells :  proviso. 

CARE  OF  PUMPS  AND   FIRE  PLUGS. 

55.  Repairs  of   wells    and  pumps : 

proviso:  report  to  Water 
Board. 

56.  Water    Engineer     to     examine 

pumps. 

57.  Persons  breaking,  defacing,  &c.: 

penalty. 

58.  Water  Board  to  receive  pumps 

erected  by  individuals :  pro- 
viso. 

A88E8SMEMT   FOR   SINKING   WELL   OR 
ERECTING   PUMP. 

59   Water  Engineer  to  make  assess- 
ment, and  return  same  to  Reg- 


istrar, &c.:  provisos:  appro- 
priation. 

REMOVAL  OF  PUMPS. 

60.  Removal  of  pumps. 

61.  Wells  to  be  covered. 
63.   Places  to  be  marked. 

63.  Penalty  for  removing  marks. 

PIPES  OR  SEWERS. 

64.  Not  to  be  introduced  into  wells : 

penalty. 

OBSTRUCTION    OP    PUMPS,  HYDRANTS 
OR  FOUNTAINS. 

66.   Pumps  and  hydrants  not  to  be 
obstructed:  penalty. 

66.  Pumps,  fountains,  &c.,  protected 

from  nuisances :  penalty. 

LAKES   AND    RESERVOIRS    IN    DRUID 
HILL  PARE. 

67.  Lakes,  &c.,  in  Druid  mil  Park: 

storage  of  water. 

68.  Power   of   Water  Board:    pro- 

viso. 

GUNPOWDER  RIVER. 

69.  Water  Board  authorized  to  in- 

troduce water  of  Gunpowder 
river. 

70.  Contract    for    construction    of 

works. 

71.  Basis  and  substance  of  contract : 

10,000,000  gallons  per  diem: 
pumping  engine:  pipes:  esti- 
mate of  work:  certificate. 

72.  Sum  to  be  paid  not  to  exceed 

what  amount :  bond  from  con- 
tracting party. 

73.  Rights  of  way,  &c. 

WATER  STOCK  OF   1916. 

74.  Authority  to  issue. 

75.  $5,000,000. 

GUNPOWDER  RIVER  STOCK  OF    1894. 

76.  Authority  to  issue. 


1122  Wateb. 

Article  LIII. — Statutes. 


STATUTES. 
ACQUISITION  OF  LAND,  WATER  AND  WATER  COURSES. 
P.  L.  L.  art.4,       1.     The  Mavor  and  City  Council  of  Baltimore  may,  from 

sec.  938, 1853,  c.     .  .  "" 

376.  time  to  time,  contract  for,  purchase,  lease  and  hold  to  them 

Power  to  Mayor  and' their  successors,  in  fee  simple,  or  for  a  term  of  years,  any 

and  City  Coun-  ,        ,  ,  .  i  i  t  J  i        J 

cii  to  purchase,  land,  real  estate,  spriner,  brook,  water  and  water-course,  and 

&c.,  land  '      r        D  7  j 

iltroduce'Water  ^^^^  ^^^  right  to  usc  and  occupj,  forcvcr  or  for  a  terra  of  years, 
into  city.  ^jjy  land,  real  estate,  spring,  brook,  water  or  water-course 

which  they  may  conceive  expedient  and  necessary  for  the  pur- 
pose of  conveying  water  into  the  said  city,  for  the  use  of  the 
said  city,  and  for  the  health  and  convenience  of  the  inhabit- 
ants thereof,  and  also  the  right  to  enter  and  pass  through, 
from  time  to  time,  as  occasion  may  require,  and  to  use  and 
occupy  the  said  lands  through  which  they  may  deem  it  neces- 
sary to  convey  the  said  water,  and  they  are  hereby  invested 
with  all  the  rights  and  powers  necessary  for  the  introduction 
Topassordi-  of  watcr  into  Said  city,  and  to  enact  and  pass  all  ordinances 
fectuating  the    from  time  to  time  which  shall  be  deemed  necessary  and  proper 

introduction  of  .  i      /y«  i  ,  •  . ,.     , 

water  into  city,  to  cxercisc  the  powcrs  and  enect  the  objects  above  specmed. 

Ibid,  sec.  929.         2.     The  Mayor  and  City  Council  of  Baltimore,  or  any  agent 
Agreement       by  them  authorized,  may  agree  with  the  owner  or  owners  of 

with  owners  of  i        -i  i  l  •  ^  i 

land,  &c.  any  land,  real  estate,  spring,  brook,  water  or  water-course  as 

aforesaid,  earth,  timber,  stone  or  other  materials  which  the 
said  Mayor  and  City  Council  may  conceive  expedient  or  neces- 
sary to  purchase  and  hold,  for  the  purpose  of  introducing  water 
into  the  said  city. 

Ibid,  sec.  930.  3.  If  they  cannot  agree,  or  if  there  be  any  incapacity  or 
Power  to  con-  disability  to  contract  with  the  owner  or  owners  of  such  land 
or  real  estate,  spring,  brook,  water,  or  water-course  as  aforesaid, 
earth,  timber,  stone  or  other  materials,  or  with  the  owner  or 
owners  of  such  lands  through  which  the  said  Mayor  and  City 
Council  may  find  it  necessary  to  have  a  right  of  entry  and 
passage,  for  the  purpose  of  conveying  the  said  water  into  the 


demn. 


"Water.  1123 

Article  LIII. — Statutes. 


said  city,  or  if  such  owner  or  owners  shall  be  absent,  out  of 
the  State,  or  unknown,  it  shall  be  lawful,  on  the  application  of 
the  Mayor  and  City  Council,  for  any  justice  of  the  peace  of  the 
county  in  which  such  lands,  earth  or  other  property  or  materials 
as  aforesaid  are  situate,  to  issue  his  warrant  to  the  sheriff  of  said  |JfsUcroVth^ 
county,  commanding  him  to  summon  from  the  said  county  a  jury  ^***^*  *'  sheriff, 
of  twenty  freeholders,  inhabitants  of  said  county,  not  related  to  Jury, 
the  owner  or  owners  or  persons  interested,  as  aforesaid,  in  the 
said  real  estate  or  other  property,  to  meet  on  the  premises  which 
is  to  be  valued,  on  some  certain  day  to  be  named  in  said  warrant, 
of  which  said  warrant  and  the  day  therein  named  for  the  meeting 
of  the  jury,  twenty  days'  notice  shall  be  given  previous  to  such  NoHoe. 
day  by  the  Mayor  and  City  Council  to  every  owner  or  person  in- 
terested as  aforesaid,  or  if  any  owner  be  an  infant  or  lunatic,  or 
feme  covert,  to  his  or  her  guardian  or  her  husband,  or  in  either 
case,  left  at  his  or  her  place  of  abode,  or  if  out  of  the  State  or  un- 
known, such  notice  shall  be  published  not  less  than  eight  weeks 
successively  in  some  one  or  more  of  the  daily  newspapers  of  Bal- 
timore city,  and  in  one  or  more  of  the  newspapers  of  the  county 
in  which  such  property  may  be  located,  if  any  newspaper  be 
published  in  such  county. 

4.  From  the  list  of  jurors  so  returned  and  attending,  the  ibia,  sec.  931. 
person,  the  condemnation  of  whose  property  may  be  desired,  jury, 
may  strike  four,  and  the  said  Mayor  and  City  Council  strike 

four,  so  that  the  number  of  jurors  be  reduced  to  twelve  ;  and 
in  case  either  party  shall  neglect  or  refuse  to  strike  off  the 
names  of  jurors,  then  it  shall  be  the  duty  of  the  sheriff  or  his 
deputy,  who  shall  attend  as  hereinafter  directed,  to  strike  off 
jurors  for  the  party  so  refusing  or  neglecting,  so  that  the  num- 
ber of  jurors  be  reduced  to  twelve,  as  aforesaid. 

5.  The  jurors  so  remaining  shall  inquire  into,  assess  and  ma,  sec  932. 
ascertain  the  sum  or  suras  of  money  to  be  paid  by  the  said  Power  of  jury. 
Mayor  and  City  Council  of  Baltimore,  for  the  land,  spring, 

brook,  water-rights  or  other  property  which  they  may  deem 
necessary  to  purchase  and  hold  or  use  for  the  purpose  aforesaid. 


1124  Water. 

Article  LIII. — Statutes. 


Ibid,  a.  733.  6.     Before  the  said  jury  act  as  such,  the  said  sheriff  or  his 

Oath  of  Jurors,  deputy  shall  administer  to  each  of  thetn  an  oath,  that  he  will 
justly  and  impartially  value  the  damages  which  the  owners  or 
parties  holding  an  interest  therein  will  sustain  by  the  use  and 
occupation  of  said  property  by  the  Mayor  and  City  Council 
of  Baltimore, 

Ibid, s. 934.  7.     The  Said  jury  shall  reduce  their  inquisition  to  writing, 

Inquisition.  and  shall  sign  and  seal  the  same,  and  it  shall  then  be  returned 
by  the  said  sheriff  to  the  clerk  of  the  Circuit  Court  of  said 
county,  and  be  by  such  clerk  filed  in  his  ofiice,  and  shall  be 
confirmed  by  said  court  at  its  next  session,  if  no  sufiicient 
cause  to  the  contrary  be  shown  ;  and  when  confirmed  shall  be 
recorded  by  the  said  clerk  at  the  expense  of  the  Mayor  and 
City  Council  of  Baltimore. 

1876,  c.  19.  8.     If  not  confirmed,  the  said  court  may  direct  another  in- 

New  inquisi-  quisition  in  the  manner  above  described  From  any  decision 
Appeal  to  Court  OH  matter  of  law  made  by  said  court  on  a  hearing  for  confirma- 
Time  within  tiou,  an  appeal  maybe  taken  to  the  Court  of  Appeals,  pro- 
taken,  vided  such  appeal  be  taken  within  ten  days  after  such  decision 

shall  be  made,  and  the  Court  of  Appeals  may  award  costs  to 

either  party  in  its  discretion 

p.  L.  L.  art.  4,       9.     The  iuquisition  shall  describe  the  property  taken  or  the 
What  inquisi-    bounds  of  the  land  condemned,  and  the  quantity  or  duration 
of  the  interest  in  the  same,  valued  to  the  Mayor  and  City 
Council  of  Baltimore,  and  such  valuation,  when  paid  or  ten- 
dered to  the  owner  or  owners  of  said  property,  or  his  or  their 
Effect  of  same,  legal  representatives,  shall  entitle  the  said  Mayor  and  City 
Title.  Council  of  Baltimore  to  the  use,  estate  and  interest  in  the 

same  thus  valued,  as  fully  as  if  it  had  been  conveyed  by  the 
Valuation.        owucr  or  owucrs  of  the  same;  and  the  valuation,  if  not  re- 
ceived when  tendered,  may  at  any  time  thereafter  be  received 
from  the  Mayor  and  City  Council  of  Baltimore,  without  in- 


"Water.  1125 

Article  LIII. — Statutes. 


terest,  bj  the  said  owner  or  owners,  or  his  or  their  legal  repre- 
sentative or  representatives. 

10.  If  the  twenty  jurors  summoned  as  aforesaid  shall  not  iwa,  s.  937. 
appear  at  the  time  and  place  appointed  as  aforesaid,  the  sheriff  J>"y- 

or  his  deputy,  as  the  case  may  be,  shall  forthwith  summon 
other  freeholders  of  the  county  from  the  bystanders  or  others 
qualified  as  aforesaid,  to  make  up  the  said  jury  to  the  number 
of  twelve. 

11.  The  jurors  so  summoned  and  attending  shall  be  allowed  iwd,  «.9S8. 
the  same  compensation  as  is  allowed  to  the  jurors  in  the  Cir-  compen«ation 

to  jurors, 

cuit  Court  of  the  county ;  and  the  sheriff  shall  be  allowed  sheriff,  «tc. 
similar  fees  as  are  by  law  allowed  for  the  summoning  jurors  to 
attend  the  Circuit  Court  of  the  county,  and  also  a  per  diem  of 
two  dollars  for  every  day  he  or  his  deputy  shall  be  in  attend- 
ance upon  an  inquisition  ;  and  such  expenses  shall  be  paid  by  How  paid, 
the  said  Mayor  and  City  Council  of  Baltimore,  except  in  cases 
of  objections  to  the  confirmation  of  inquisitions  before  the 
Circuit  Court,  when  the  costs  in  said  court  may  be  awarded 
in  the  discretion  of  the  court. 

WATER  RATES,  &c. 

12.  For  the  purpose  of  defraying  all  the  expenses  and  costs  ises.  c.  467;  1870, 
of  said  lands,  waters  and  water-rights  as  shall  have  been  taken  corporaUonto 

issue  certifi- 

for  the  purposes  aforesaid,  and  of  constructing  all  works  neces-  cates  of  stock, 
sary  to  the  accomplishment  of  said  purposes,  and  all  expenses 
incident  thereto,  the  said  Mayor  and  City  Council  of  Balti- 
more shall  have  authority  in  the  name  of  the  city  to  issue  cer- 
tificates of  debt  to  be  denominated  on  the  face,  Baltimore  water 
stock,*  to  an  amount  not  exceeding  five  million  dollars,  bearing 
interest  not  exceeding  six  per  cent,  per  annum,  and  to  provide 
by  ordinance  for  the  redemption  of  the  same  at  a  certain  time, 

*  As  to  Redemption  of  Stock  of  1875,  and  acts  and  ordinances,  see  Stock, 
in  this  article. 


1126  Water. 

Article  LIII. — Statutes. 


and  under  such  provisions  as  the  Mayor  and  City  Council  may 
deem  expedient  and  proper;  the  said  Mayor  and  City  Council 

Water  rates,  are  hereby  authorized  and  empowered  to  assess  rates  for  the 
supply  and  use  of  water  at  any  point  in  Baltimore  city  and 
county,*  and  the  Mayor  and  City  Council  are  hereby  author- 
ized to  enforce  payment  for  the  use  of  water,  and  other  expen- 
ses incurred  in  the  introduction  of  water  from  the  water  mains, 
according  to  the  rates  established  by  the  said  Mayor  and  City 

How  collected.  Council,  Said  payments  to  be  enforced  by  the  same  process  that 
city  or  State  taxes  are  collected,  or  they  may  be  collected  by 
process  before  a  justice  of  the  peace,  or  in  any  of  the  courts  of 
the  city  of  Baltimore  having  jurisdiction  in  such  cases ;  and 
the  said  Mayor  and  City  Council  are  hereby  authorized  and 

■Watchmen  and  empowered  to  appoint  watchmen  or  such  police  force  as  may 

police  force.  r.         i  •  />     i     •  i       •        i         • 

be  necessary  for  the  protection  of  their  water- works  in  the  city 
and  county  of  Baltimore,  and  to  impose  fines  and  penalties  for 
interference  with  or  injury  to  the  works  or  their  appendages, 
to  prevent  the  water  from  being  obstructed  or  contaminated, 
and  to  prohibit  all  meddling  or  tampering  with  the  water- 
Fines  and  pen.  works  aud  their  appurtenances  ;  said  fines  and  penalties  shall 
be  enforced  as  provided  in  Art.  XIX,  Fines  and  Forfeitures. 

BALTIMORE  WATER  COMPANY. 

p.  L,  L.,art.  4,  13.  The  Mayor  and  City  Council  of  Baltimore  are  hereby 
Power  to  pur-  authorizcd  to  purchase  all  the  property,  estates,  rights  and 
RigWof  com-  privileges  of  any  chartered  company  authorized  to  introduce, 
^"^    *  or  which  may  hereafter  be  authorized  to  introduce  water  into 

*  Watbk  Tax.— The  Act  of  1868,  c.  467,  repealed  1866,  c.  38,  and  is  identi- 
cal therewith,  except  that  after  the  words  "  at  any  point  in  Baltimore  city 
and  county,"  the  clause,  (in  the  Act  of  1866,  c.  38,  and  also  in  the  Act  of 
1862,  c.  83,  which  the  Act  of  1866  repealed,)  viz :  "to  assess  a  water-tax  on 
Twmes  and  other  buildings  in  said  city  within  three  hundred  feet  of  tlie  line  of 
water-pipes ;  provided,  they  shaU  not  assess  a  water-tax  on  any  building  wJtere 
the  water  is  not  taken  on  the  premises,  for  a  sum  greater  than  ffoe  doUars,  nor 
less  than  one  doUar per  annum"  is  omitted  and  repealed. 


Watee.  1127 

Article  LIII. — Statutes. 


said  city,  upon  such  terms  as  may  be  agreed  upon  by  the 
Mayor  and  City  Council  of  Baltimore  and  such  corporation 
or  corporations,  in  the  manner  prescribed  in  their  respective 
charters,  or  in  the  absence  of  such  provisions  as  shall  be 
agreed  upon  by  the  said  Mayor  and  City  Council  of  Baltimore 
and  sucli  corporation  or  corporations,  and  such  corporation  is 
hereby  authorized  to  execute  a  conveyance  or  conveyances  to  Title, 
the  Mayor  and  City  Council  of  Baltimore,  of  all  the  franchi- 
ses and  property  of  said  corporation,  and  all  such  rights, 
privileges  and  franchises  shall  be  vested  in  the  Mayor  and 
City  Council  of  Baltimore,  to  be  held,  exercised  and  enjoyed 
by  the  said  Mayor  and  City  Council  of  Baltimore,  as  fully 
in  every  respect  as  might  or  could  have  been  done  by  any 
such  corporation  or  corporations  under  their  respective  char- 
ters. 

LAKE  ROLAND,  RESERVOIRS,  DAMS. 

14.  If  any  person  shall  wilfully  pollute  the  water  in  any  i87o,c.a». 
lake,  dam,  reservoir,  line  of  conduit,  water-pipe,  gate-house,  Polluting  water 

\  '  ,     -.  ,     :        °  .  '  in  lakes,  dams, 

or  other  work  constructed  or  used  for  supplying  the  city  oi  &c. 
Baltimore  with  water,  by  swimming,  bathing  or  washing 
therein,  or  by  washing,  or  causing  to  be  washed  therein,  or 
so  near  thereto  as  to  pollute  the  water  therein,  any  clothes, 
the  skin  of  any  dead  animal,  or  any  impure,  fetid  or  nox- 
ious animal  or  vegetable  matter ;  or  shall  throw,  or  cause  to 
be  thrown  therein,  or  so  near  thereto  as  to  pollute  the  water 
therein,  any  impure,  fetid  or  noxious  animal  or  vegetable 
matter,  the  person  or  persons  so  offending  shall  forfeit  and 
pay  a  sum  not  less  than  five  nor  more  than  fifty  dollars  for  penalty. 
each  offence. 

15.  If  any  person  shall  erect,  or  cause  to  be  erected,  any  ibw, ».  a. 
privy,  hog  pen,  bleaching  or  dyeing  establishment,  or  other  Erecting  prir- 
thing,  over  any  lake,  dam,  reservoir,  line  of  conduit,  water-  |'{j  "Z^' ^*''"' 
pipe,  gate  house  or  other  work  constructed  or  used  for  sup- 


1128  Wateb. 

Article  LIII.— Statutes. 


plying  the  city  of  Baltimore  with  water,  or  so  near  thereto 
as  to  pollute  or  discolor  the  water  therein,  the  person  or  per- 
Penaity.  sons  SO  offending  shall  forfeit  and  pay  a  sum  not  exceeding 

fifty  dollars,  and  the  further  sum  of  ten  dollars  for  each  and 
every  day  the  same  shall  remain  after  notice  to  remove  the 
same  shall  have  been  given. 

1861,  C.240, 8.3.      16.     If  any  person  shall  injure,  or  cause  to  be  injured,  de- 
injuring  dam,    faced  or  destroyed,  any  dam,  reservoir,  line  of  conduit,  water- 
pipe,  gate-house,  stop-cock,  or  other  thing  used  for  supplying 
the  city  of  Baltimore  with  water,  the  person  so  offending 
Penalty.  shall  forfeit  and  pay  a  sum  of  not  less  than  five  nor  more  than 

fifty  dollars  for  each  offence. 

1861,  c.  240  s.  4.      17.     All  fines  and  forfeitures  imposed  by  the  last  preceding 
Fines  and  for-    scctiou  shall  be  recoverable  by  warrant  before  any  justice  of 

feltures,  how 

recoverable.  the  pcacc  in  and  for  the  city  of  Baltimore,  or  in  and  for 
Baltimore  county,  according  to  the  respective  jurisdiction 
under  which  any  of  the  offences  herein  set  forth  may  be 
committed ;  one-half  to  the  informer  and  the  other  half  to 
the  Mayor  and  City  Council  of  Baltimore. 

Ibid,  s.  6.  18.     The  preceding  two  sections  shall  not  be  construed  to 

Action  of  dam-  cxcmpt  any  pcrsoD  or  persons  who  may  have  been  fined  for 
a  violation  thereof,  or  who  may  be  charged  with  a  violation 
thereof,  from  an  action  of  damages  for  any  injury  or  destruc- 
tion of  any  part  of  the  works  used  in  supplying  the  city  of 
Baltimore  with  water,  in  any  suit  for  damages  on  account  of 
said  injury,  brought  by  the  Mayor  and  City  Council  oT  Bal- 
timore. 

PUMPS. 

p.  L.  L.,  art.  4,      19.     The  Mayor  and  City  Council  have  power  to  erect  and 
Pumps.  regulate  pumps  in  the  streets,  lanes  and  alleys. 

Note. — Section  941  of  Article  4,  Public  Local  Laws,  section  14  of  City 
Code  of  '69,  relating  to  dams  at  Raven's  Rocks,  was  repealed  by  the  Act  of 
1876,  0. 17. 


Water.  1129 

Article  LIU. — Ordinances. 


ORDINANCES. 

WATER    BOARD. 

1.     There  shall  be  appointed  biennially,  in  the  month  ofNo.  lo.  s.  i, 
March,  as  other  city  oflBcers  are  appointed,  a  board  of  six  com-  no/ss,  bet.  s, 
missioners,  who  shall  be  residents  of  the  city  of  Baltimore,  who,  six  commis- 
with  the  Mayor,  shall  be  styled  the  Water  Board  of  the  City 
of  Baltimore ;  said  commissioners  to  be  men  of  undoubted 
character,  and  selected  with  a  view  to  skill  and  efficiency.  The 
Mayor  shall  be  the  president  of  said  Board,  and  preside  at  all  preBident. 
meetings  which  may  be  held  to  deliberate  upon  the  affairs  of 
the  Water   Department.     Any  fonr  members  of  said  Board  Quorum, 
shall  constitute  a  quorum  for  the  transaction  of  business.    The 
Board  shall  have  authority  to  appoint  a  secretary,  whose  duty  secretory, 
it  shall  be  to  keep  a  record  of  the  proceedings,  and  perform 
such  duties  as  may  be  assigned  to  him  by  the  Board.     They 
shall  have  authority  to  fill  any  vacancy  or  vacancies  that  may  vacancies, 
occur  in  their  body,  by  reason  of  the  death,  resignation  or  re- 
moval from  the  city  of  any  of  its  members  during  the  recess  of 
the  City  Council,  and  in  the  absence  of  the  Mayor,  to  appoint 
a  president  pro  tempore;  to  make  and  pass  all  rules  and  regu-  Rules  and  regu- 
lations  for  the  government  of  the  Board,  the  laying  and  tap- 
ping of  pipes,  or  for  the  protection  and  preservation  of  the  said 
pipes,  or  other  property  and  appurtenances  of  the  water-works ; 
and  to  affix  penalties,  and  to  enforce  the  same  for  any  viola- 
tion of  their  rules  and  regulations :  to  appoint  or  secure  the  Appointment  of 

'  police  &  watch- 

appointment  of  such  police  force  and  watchmen  as  may  be  men. 

necessary  for  the  protection,  care  and  preservation  of,  and  to  pre- 
vent obstruction  or  injury  to  the  water-works  and  their  append- 
ages, and  to  adopt  all  necessary  regulations  to  preserve  the 
purity  of  the  water,  and  to  enact  and  enforce  such  rules,  regu- 
lations and  penalties  as  they  may  deem  necessary,  in  accord- 
ance with  section  12,  statutes,  of  this  article. 


1130  Water. 

Article  LIII. — Ordinances. 


Ibid,  g.  1.  2.     It  shall  be  the  duty  of  said  Board  to  meet  once  in  every 

Meetings.  month,  and  ofteuer  if  required,  to  mature  and  decide  upon  all 
plans  in  reference  to  the  general  policy,  details  and  manage- 
ment of  all  other  matters  touching  the  city's  interest  in  said 
Water  Department,  consistent  with  existing  laws. 

Ibid,  s.  3.  3.     The  said  Water  Board  shall  arrange  and  keep  all  the 

Title  papers,     title  papers,  and  copy  the  same  in  a  book  to  be  kept  in  the 
Books.  office.     The  Board  shall  provide  suitable  books  in  which  the 

general  accounts  shall  be  regularly  posted,  showing  an  aggre- 
gate of  all  the  transactions  of  the  department ;  and  a  state- 
Monthly  state-  ment  of  said  general  accounts  shall  be  made  at  each  monthly 
meeting  of  the  Board.     And  on  or  before  the  twenty-fifth  day 
of  January,  annually,  the  Board  shall  present  to  the  City 
Report  to  Coun-  Council  a  report  containing  a  full  statement  of  the  condition  of 
the  water-works,  and  of  the  lands  and  other  property  con- 
nected therewith,  with  a  statement  of  the  general  accounts, 
Receipts  and     and  of  all  recciptsand  expenditures  for  the  precediug  year, 

disbursements.  ,  .      . 

together  with  any  information  or  suggestions  the  commission- 
Report  of  engi-  ers  may  deem  important.     And  they  shall  at  the  same  time 

neer  and  regis-  /.    i       -n       • 

trar.  transmit  to  the  City  Council  the  annual  report  of  the  iiUgineer 

and  Registrar. 

Ibid,  s.  3.  4.     No  member  of  the  Water  Board,  and  no  person  appointed 

Officers  not  to    to  officc  uudcr  this  Ordinance,  shall  be  interested,  directly  or 

be  interested  in.,  -i  •  ^  -i 

contracts,  &c.  mdircctly,  in  any  contract,  bargain,  sale  or  agreement  in  rela- 
tion to  the  water- works,  or  any  matter  or  thing  connected  there- 
with, wherein  the  city  is  interested,  without  an  express  vote  of 

When  contracts  the  City  Council  ;  and  any  and  all  contracts,  bargains,  sales  or 
agreements  made  in  violation  of  this  section,  shall  be  utterly 
void  as  to  the  city,  and  said  office  to  be  vacated. 

No.  64,  May  21,      6.     The  Said  Water  Board  shall  have  authority  to  appoint  a 

Officers  of        Water  Engineer,  a  Civil  Engineer,  a  Water  Registrar,  four 

ment.  clerks  and  two  collectors  in  the  Registrars  Department,  and  one 

clerk  in  the Engineer'sDepartment,  and  such  gate-keepers,super- 


Wateb.  1131 

Article  LIIL — Ordinances. 


intendents  and  watchmen  or  police  as  may  be  necessary  ;  and 

the  salaries  and  duties  of  all  such  appointees  shall  be  deter-  salaries. 

mined  upon  by  the  Water  Board,  and  they  may  be  dismissed 

at  any  time  by  the  Board ;  provided,  however,  that  no  salary  Proviso. 

of  any  employee  of  said  Water  Board  shall  exceed  that  now 

paid  the  Water  Engineer.     The  Board  shall  take  bonds  from  Bonds  from  em- 

"  ployees. 

any  or  all  employees,  to  be  approved  by  the  Mayor,  in  such 


penal  sum  as  may  be  required. 


WATER  REGISTRAR. 

6.  There  shall  be  appointed  annually  in  the  month  of  De-  no.  83,  oct.a, 
cember,  by  the  said  Water  Board,  a  Water  Registrar,  who  shall  The  water  Re- 
hold  oflSce  until  his  successor  is  appointed.     He  shall,  under  Duties. 

the  direction  of  the  Board,  with  the  assistance  of  the  collectors, 
assess  the  water-rates  on  all  buildings  where  the  rates  are  estab-  Water  r»tes. 
lished  by  law ;  and  with  the  assistance  of  the  clerks  in  his 
department,  shall  keep  suitable  books,  in  which  shall  be  entered  B»ok8, 
all  transactions  of  his  department,  the  names  of  all  persons 
who  take  the  water,  the  kind  of  building,  the  name  and  num- 
ber of  the  street,  the  number  of  taps,  and  the  amount  charged, 
the  names  of  the  owners  of  all  buildings,  with  the  street  and 
number  of  the  building,  and  the  front  feet.     He  shall  in  due 
time  prepare  bills  for  rents  and  other  accounts  due  the  Water  Biiis. 
Board,  and  require  the  collectors  to  deliver  said  bills  and  ac-  collectors, 
counts  promptly ;  and  he  shall  supervise  all  books  and  accounts 
the  Board  may  direct  to  be  kept  in  his  oflBce.     All  funds  re- 
ceived from  every  source  on  account  of  the  Water  Board  shall 
be  paid  to  the  Water  Registrar,  and  the  same  shall  be  deposited  Depositing 
daily  as  the  ordinances  of  the  city  may  direct. 

7.  It  shall  be  the  duty  of  the  Water  Registrar  to  pay  over  no.  lo  s.  12, 

•'  CI  f    ^  March  27,  '62. 

daily  to  the  City  Register  each  and  every  sum  of  money  re- Daii^  payments 
ceived  by  him  on  account  of  rents  or  other  dues  of  the  said  ter. 
Water  Department. 


1132  Water. 

Article  LIII. — Ordinances. 


Ibid,  s.  11.  8.     And  the  Register  is  hereby  authorized  and  directed  to 

Register  to  open  ODcn  an  account  iu  such  bank  as  the  Commissioners  of  Finance 

account  in  bank  •        -i    i         ii         -rrr    i  -r\  l 

may  direct,  where  all  moneys  received  by  the  Water  Depart- 
ment shall  be  deposited ;  the  fund  so  deposited  to  be  withdrawn 
from  said  bank  as  may  be  required  to  pay  the  expenses  incurred 
by  the  Water  Board ;  and  on  or  before  the  first  day  of  May 
Payment  of  in-  and  November  in  each  year,  a  sum  sufiicient  to  pay  the  interest 

terest  on   water  ,  in  •  ■, 

stock.  on  the  water  stock  debt  of  the  city ;  and  after  said  expenses 

and  the  interest  on  the  water  stock  shall  have  been  paid,  the 

Sinking  fund,  surplus  shall  be  applied  on  the  first  day  of  May  and  Novem- 
ber in  each  year  to  the  sinking  fund  of  the  water  stock. 

Ibid,  s.  12.  9.     And  no  funds  shall  at  any  time  be  drawn  from  the  Re- 

How  funds  gister,  unless  duly  authorized  by  the  Water  Board,  and  recorded 
gister.  on  the  journal ;  all  checks,  drafts  or  orders  on  the  Register,  so 

ordered  by  the  Water  Board,  shall  be  signed  by  the  president 

and  secretary  of  the  Board. 

Ibid,  s.  12.  10.     All  claims  upon  the  Board  shall  be  paid  monthly,  and 

Monthly  pay-    no  payments  shall  be  made  unless  the  bill  or  claim  be  certified 

ments  by  Board.  ,         ,  ~,  i    i  i        •       t  i 

by  the  onicer  or  other  person  duly  authorized  to  make  an  agree- 
ment or  contract  for  the  Water  Board,  and  all  payments  shall 
be  ordered  by  the  Board,  and  the  order  recorded  on  its  jour- 
nals. 

No.  85,  Oct  3,         11.     The  Water  Board  shall  keep  an  account  with  the  Water 

'66   8.  6. 

Account  with  Registrar,  in  which  he  shall  be  charged  with  the  water-rents 
and  other  indebtedness  due,  the  number  of  water-takers,  and 
the  amount  paid.  All  money  collected  and  paid  over  by  the 
Registrar  shall  be  credited  on  said  account,  and  all  abatements 
or  deductions  proposed  shall  be  submitted  to  the  Board,  and  if 

Abatements,  approved  by  the  Board,  the  abatements  may  be  made,  and  the 
Registrar's  account  credited  with  the  amount. 

Ibid,  s.  7.  12.     The  Water  Registrar  shall,  on  or  before  the  first  Mon- 

Registrarto      day  iu  cach  and  every  month,  make  a  detailed  statement  for 

make  state-  in-,  .  c  ^  •        -\ 

ment monthly   the  previous  mouth,  01  the  operations  of  his  department,  to 


Water.  1133 

Article  LIII. — Ordinances. 


the  Board,  and  on  or  before  the  lirst  Monday  of  January,  an- 
nually, shall  present  to  the  Water  Board  a  report,  containing 
a  statement  of  water-takers,  the  number  of  cases  where  the  water-tokere. 
water  has  been  cut  off,  tiie  number  and  amount  of  abatements, 
the.  new  supplies  made,  the  receipts  and  expenditures  of  the  Receipts  and 

•  expenditures. 

Water  Board,  and  such  other  matters  as  he  may  deem  ex- 
pedient. 

WATER  ENGINEER. 

13.  The  Water  Board  shall  appoint,  annually,  in  the  month  ibia.s.  s. 
of  December,  a  Water  Engineer,  who  shall  hold  his  office  until  Duties, 
a  successor  is  appointed.  He  shall  take  charge  of  all  the 
works  connected  with  or  in  any  way  appertaining  to  the  Water 
Department,  and  have  the  general  out-door  arrangement  of  all 
matters  relating  to  the  water-works,  and  the  appurtenances 
thereto,  as  the  Water  Board  may  from  time  to  time  direct.  He 
shall  make  all  connections  of  service  pipe  extending  from  the 
water-mains  to  the  outside  of  any  building  where  the  water  is 
taken  ;  and  no  lead  pipe  shall  be  laid  connecting  with  the 
main  pipe  less  than  thirty-six  inches  beneath  the  surface ;  and 
the  quality  and  size  of  all  service  pipe  used  by  the  engineer 
must  be  approved  by  the  Water  Board.  He  shall  keep  a  re- 
cord in  his  office,  showing  the  number  of  water-takers,  their  Recerd  of  water, 
location,  and  the  prices  charged  to  each,  and  a  record  showing 
the  streets,  lanes,  alleys,  &c.,  wherever  the  water  pipes  are  or 
may  hereafter  be  laid,  the  size  of  the  pipes,  the  openings  in 
the  mains,  the  number  and  position  of  fire  plugs,  and  of  all 
new  supplies,  and  all  cases  where  the  supply  has  been  stopped 
off,  and  the  reasons  for  stopping  off  the  water.  And  no  pipe  pipeg,  &c. 
or  main  shall  be  tapped,  opened  or  re-opened  for  a  supply  of 
water,  unless  it  be  done  under  the  direction  of  the  Water  En- 
gineer exclusively. 

14.     He  shall  make  out  bills  as  soon  as  the  work  is  done  for  iMd,  s.  8. 
tapping,  laying  service  pipe  and  other  charges  for  new  sup-  to  make  out 
plies,  and  all  bills  for  materials  sold  by  order  of  the  Board, 


1134  Watbr. 

Article  LIII. — Ordinances. 


and  deliver  said  bills  to  the  Registrar  for  collection.  And  it 
shall  be  the  duty  of  the  said  Engineer,  with  the  sanction  of  the 

To  employ  la-  Water  Board,  to  employ  such  labor,  and  conduct  such  opera- 
tions as  may  be  needed  from  time  to  time ;  to  report  to  the 

Monthly  and     board  at  its  monthly  meeting,  a  detailed  statement,  showing 

annual  state-  ,  '  <=>     .  ^  o 

ments.  the  Operations  of  his  department  for  the  preceding  month,  and 

annually,  on  the  first  Monday  in  January,  a  full  statement  of 
the  work  under  his  charge;  the  amount  expended  during  the 
year,  for  what  purpose,  the  quantity  and  value  of  materials  on 
hand,  and  all  such  other  information  as  may  be  required  by 
the  board.  He  shall  be  responsible  to  the  Board  for  the  good 
condition  of  the  works,  and  for  the  faithful  performance  of  the 
duties  of  all  persons  employed  on  the  water-works,  or  in  ex- 
tending, repairing  or    removing  water-mains,  and  all  other 

Tohoid  no  other  work  in  his  department  I  and  during  the  period  for  which  he 

public  office.  .  ^  , 

is  appointed,  he  shall  hold  no  other  public  office  whatever. 

WATER  RATES. 

Ibid,  s.  10;  No.      15.     All  charges  for  water-rates  shall  be  made  for  the  cur- 
es, May  9,  »64.  ° 

When  payable,  rent  Calendar  year,  and  shall  be  due  and  payable  yearly  in 
advance,  on  the  first  day  of  January,  in  each  and  every  year  ; 
and  all  bills  for  water-rates  charged  by  the  year,  if  paid  at  the 
office  of  the  Water  Registrar  on  or  before  the  first  day  of 

Discounts.  March,  shall  be  entitled  to  a  deduction  of  ten  per  cent.;  if 
paid  on  or  before  the  first  day  of  April,  eight  per  cent.;  if 
paid  on  or  before  the  first  day  of  May,  six  per  cent.;  if  paid 
on  or  before  the  first  day  of  July,  four  per  cent.;  if  paid  on  or 
before  the  first  day  of  September,  two  per  cent.  No  discount 
shall  be  made  after  the  first  day  of  September,  and  all  bills 
not  paid   by  the  first  day  of  October  shall  be  placed  in  the 

How  bills  col-    hands  of  collectors,  and  shall  then  be  collected  in  the  same 

lected,  , 

manner  and  subject  to  the  same  costs  as  the  City  Collector  is 
or  may  be  authorized  to  demand  in  collecting  taxes  overdue  to 
the  city,  or  they  may  be  collected  as  other  small  debts  are  col- 
lected, before  a  justice  of  the  peace. 


Water.  1135 

Article  LIII. — Ordinances. 
16.     The  followiner  charsres  or  rateafor  the  use  of  hydrant  iwd.s.  ii ;  no. 

o  o  -^  41,  May  23,  '62. 

water  shall  be  for  one  year  as  follow3,  viz  :  water  rate*. 

For  stores  and  warehouses  not  occupied  as  dwellings, 

22  feet  front  and  over $10  00 

For  stores  and  warehouses  not 'occupied  as  dwellings, 

17  feet  and  less  than  22  feet  front 8  00 

For  stores  and  warehouses  not  occupied  as  dwellings, 

under  17  feet  front 6  00 

For  a  private  family  in  a  house  over  22  feet  front 14  00 

For  a  private  family  in  a  house  over  17  feet  front  and 
not  over  22  feet  front 12  00 

For  a  private  family  in  a  house  over  14  feet  front  and 
not  over  17  feet  front 9  00 

For  a  private  family  in  a  house  over  12  feet  front  and 

not  over  14  feet  front 7  50 

For  a  private  family  in  a  house  12  feet  front  and  under      5  00 

For  a  Louse  occupied  by  more  than  two  familie8,|^for 
each  additional  family,  $2  extra. 

For  bath  tubs  for  each  house  occupied  by  a  private 

family 2  00 

For  attachments  to  hydrants  for  washing  pavements, 

&c 3  00 

For  bathing  tubs  for  public  hire  or  use,  each 10  00 

For  water  closets  in  private  families,  each  house 2  00 

For  horses,  each 1  50 

For  carriages,  each 1  50 

For  cows,  when  stabled,  each 1  00 

For  taverns,  refectories,  livery  stables,  lager  beer  houses, 
boarding  houses,  barber  shops,  daguerreotype  saloons 
and  offices,  and  for  the  use  of  water  in  any  form  (un- 
less otherwise  herein  expressly  provided)  the  charges 
or  rates  may  be  prescribed  by  the  Water  Board,  as 
they  deem  proper,  and  in  the  assessment  of  water- 
rates  on  buildings  of  large  front  and  comparatively 


1136  Wateb. 

Article  LIII. — Ordinances. 


small  depth,  not  exceeding  twenty-four  feet,  the 
Water  Board  is  authorized  to  modify  the  assess- 
ment of  water-rates. 

No.  65,  Api.  28.      The  charge  per  annum  for  all  steam  boilers  used  for  gener- 
steam  boilers    atiug  stcam  for  engines  only,  when  using  the  water  supplied 

used  for  gener- 
ating steam  for  bv  the  citv,  sball  be  fixed  at  the  rate  of  five  dollars  per  horse- 
engines.  ^  .1  >  I 

power,  but  in  case  other  excessive  uses  are  required  for  the 
water,  a  meter  may  be  substituted,  by  which  the  usual  rates 
will  be  charged. 

No.  66.  April        17.     No  charge  shall  be  made  for  the  use  of  water  for  build- 

29,  '76.  " 

No  charge  for    iug  purposcs,  and  all  persons  using  water  for  building  purposes 

M^fttcr  usBd  for 

building  pur-     shall  havc  the  use  of  it  under  such  restrictions  as  may  be  pre- 

poses.  ""  *■ 

scribed  by  the  Water  Department. 

No.  66,Api.  29,      18.     Parties  using  water  for  building  purposes,  shall,  within 
Completion  of   One  wcck  after  the  completion  of  the  building  or  buildings, 

building,  to  be  •/»!/.  i        . .,  x-»       •  i  i  /» 

certified  to        Certify  the  fact  to  the  Water  Kegistrar,  under  a  penalty  oi  ten 

Water  Regis-  ''  &  '  r  J 

trar.  dollars  failure  or  neglect  so  to  do,  the  fine  to  be  collected  as 

Penalty.  . 

other  fines  and  penalties  are  collected. 

No.  7,  Dec.  92,      19.     Where  large  quantities  of  water  are  required,  as  in  the 
Water  Meters    casc  of  railroads,  hotels,  manufacturing  and   other  establish- 
hoteis,&c.  '     ments,  whether  for  steam  engines  or  otherwise,  the  Water 
Board  shall  have  power  to  ascertain  by  meters  the  amount  of 
water  used,  and  the  proprietors  or  occupants  of  hotels,  taverns, 
boarding  houses  or  any  other  establishments  using  large  quan- 
tities of  water  shall  also  have  authority  to  place  within  their 
premises,  at  their  own  expense,  a  sufficient  water-meter,  to  be 
approved  by  the  Water  Registrar,  for  the  purpose  of  measuring 
the  quantity  of  water  by  them  respectively  used ;  the  charge 
Charges.  for  the  usc  of  Water  by  meter  shall  be  two  cents  for  one  hun- 

dred gallons,  to  be  collected  quarterly  by  the  Water  Registrar ; 
When  supply    and  all  such  bills  shall  be  paid  within  ten  days  thereafter,  or 
the  Water  Registrar  shall  cut  off  the  supply. 


Water.  1137 

Article  LEI. — Ordinances. 


20.  No  abatement  from  the  above  charges  will  be  made  No.  41,8  ii, 

^  May  23,  '62. 

unless  the  property  be  reported  at  the  office  as  vacant,  and  when  abate- 

ments  made  at 

the  supply  having  been  stopped  off  for  three  months ;  all  Registrar's 
abatements  must  be  made  at  the  office  of  the  Water  Begistrar ; 
where  parties  have  paid  their  bills  in  advance,  the  Water 
Board  may  direct  the  amount  of  the  abatement  to  be  returned, 
and  no  abatement  will  be  made  unless  the  parties  show  that  they 
have  applied  at  the  Registrar's  office  to  have  the  water  shut  off. 

21.  All  bills  in  arrears  may  be  deemed  a  sufficient  reason  ibw.s.  n-.  No. 

*'  ^  83,  Oct.  3,  '66. 

for  stopping  the  water  until  all  arrears  are  paid ;  whenever  when  water 

,       ~,   „  -  may  be  stopped. 

the  water  is  stopped  off  for  non-payment  of  water-rents,  one 
dollar  shall  be  paid  to  the  Water  Registrar  before  the  supply 
is  turned  on  again  ;  the  owners  of  property  will  in  all  cases  be  owners  respon- 
held  responsible  for  the  payment  of  water-rates ;  all  persons 
using  the  hydrant  water  without  the  knowledge  of  the  Engi- 
neer or  Registrar,  and  all  persons  permitting  their  neighbors 
not  entitled  to  use  the  water  without  a  written  permit,  will  be 
subject  to  a  fine  of  not  less  than  one  dollar  nor  more  than  Fine  for  permit- 
three  dollars  for  each  offence;  and,  in  such  cases,  the  Regis- use  water, 
trar  shall  shut  off  the  water  from  the  premises  of  all  such 
persons ;  and  no  person  or  persons  will  be  permitted  to  intro- 
duce the  hydrant  water  on  his,  her  or  their  prenyses,  without 
the  authority  of  the  Water  Board,  and  in  case  of  discovery, 
the  water  shall  be  stopped  off;  provided  that  nothing  herein  proviso, 
contained   shall   be  so  construed   as  to   prevent   any  citizen 
from  furnishing  water,  in  necessitous  cases,  in  quantities  not 
exceeding  two  gallons.     Any  person  tapping,  or  causing  to  Fine  for  tap- 

,  piog  pipes,  (&c. 

be  tapped,  any  pipe  belonging  to  the  city,  or  any  private  pipe 
connecting  with  the  city  pipe,  will  be  subject  to  a  fine  of  twenty 
dollars ;  all  fines  to  be  collected  as  other  fines  and  forfeitures 
are  now  collectable. 

22.  And  all  the  officers  and  employees  of  the  Water  Board  iMd.s.  ii. 
are  hereby  directed  to  report  at  the  Water  Registrar's  office  officers  to  re- 
ail  cases  coming   to  their  knowledge  of  persons  using   the  trar. 


1138  Water. 

Article  LIII. — Ordinances. 


hydrant  water  without  authority,  as  provided  in  the  preceding 
section. 

Ibid,  A  H.  23.     The  Water  Board  is  hereby  authorized  and  required 

Rates  printed     to  have  printed  on  the  back  of  each  bill  distributed  to  the 

on  bills.  ' 

water  consumers,  the  tarifi'  of  rates  upon  which  water  is  served 
to  them,  together  with  the  terms,  discounts,  fines  and  penalties 
prescribed  by  this  ordinance. 

No.  55,  May  14,      24.     It  shall  uot  be  lawful  for  the  Water  Board  to  charge  the 

'78.  ° 

Free  use  of  wa-  Mavor  and  Citv  Council  for  the  use  of  water  in  any  of  the  de- 
ter by  munlci-  J  J  J 

paiity.  partments  of  the  city  government,  embracing  the  City  Hall, 

City  Jail,  Bayview  Asylum,  market  houses,  market  halls,  pub- 
lic schools,   engine   houses,    public   parks   or  squares,   court 

Proviso.  houses,  and   Harbor   Board   department;  provided,  that  this 

section  shall  not  be  construed  so  as  to  require  the  Water  Board 

To  what  not  ap-  to  lay  dowu  free  of  charge  pipes  for  conducting  water  to  or 
distributing  water  in  any  of  the  public  squares  or  parks,  or  any 
of  the  public  buildings  of  the  city  of  Baltimore,  or  to  erect 
any  fountain  or  other  water  fixture  or  ornament  therein  or 
thereat ;  it  being  the  true  intent  and  meaning  of  this  section 
that  it  shall  apply  only  to  the  use  of  Water. 


WORKS. 

LAYING  PIPES  IN  STREETS. 

No.  43,  B.  1,  R.      25.     The  Water  Board  of  the  City  of  Baltimore  shall  have 
Permission  to    full  powor  and  authority  to  convey  water  under  and  along  any 

lay  pipes.  t->    i    •  j 

of  the  streets,  lanes  and  alleys  of  the  city  of  Baltimore,  and 
to  lay  a  pipe  or  pipes  in  any  of  the  said  streets,  lanes  and  al- 
leys, for  the  purpose  of  conveying  and  distributing  the  said 
water;  and  the  said  pipes  from  time  to  time  to  renew  and  re- 
pair, and  for  that  purpose  to  dig,  break  up  and  open  all  or  any 
part  of  such  street,  lane  or  alley,  and  of  the  pavement  or  foot- 
ways thereof,  leaving  at  all  times  a  suflicient  passage-way  for 
carriages,  horses  and  foot  passengers,  if  the  same  will  admit 


Water.  1139 

Article  LIII, — Ordinances. 


thereof,  and  restoring  forthwith  to  their  former  condition  all  streets  to  be  re 

1,1  J  n  in  stored  to  their 

such  streets,  lanes  and  alleys,  pavements  and  rootways,  as  shall  former  condi- 
from  time  to  time  and  at  any  time  be  so  dug,  opened  and  taken 
up,  and  mending  and  repairing  all  injuries  to  said  streets,  lanes 
and  alleys,  pavements  and  footways,  arising  from  their  so  dig- 
ging, opening  and  taking  up  the  same  as  aforesaid. 

26.  Whenever  the  Water  Board,  or  any  of  their  agents  or  iwd,  s.  2. 
workmen,  shall  take  up  any  part  of  the  pavement  or  dig  up  streets  when 

/.     ,  1,  /.    1  •  i>  Tt    ^    •  ^^^  up,  how  to 

any  part  01  the  streets,  lanes  or  alleys  01  the  city  01  xJaitimore,  be  repaired, 
for  the  purpose  of  laying  or  repairing  the  pipes  for  conducting 
the  water  through  the  city,  or  into  the  houses  or  lots  of  the  cit- 
izens, they  shall  proceed  without  delay  to  putting  down  or  re- 
pairing the  pipes,  as  the  case  may  be,  and  immediately  there 
after  fill  in  the  earth  or  otherwise  secure  the  place  so  dug  up 
from  becoming  a  nuisance  or  endangering  the  persons  riding 
or  driving  through  the  same,  and  shall  also  when  the  same  is 
repaved,  as   hereinafter  provided,  remove  without  delay  the  RnbWsh.&c, 

,  ,  .   ,  ....  1        I       •  when  to  be  re- 

stone,  earth,  sand  or  rubbish  remaining  irom  the  laying  or  re-  moved, 
pairing  such  pipes. 

27.  As  often  as  any  of  the  said  pipes  shall  prove  defective,  ibia,  s.  3. 

so  as  to  cause  the  water  to  flow  on  the  surface  of  the  ground  or  Defective  pipes 
pavement,  it  shall  be  the  duty  of  the  said  Board  to  have  the 
same  immediately  repaired. 

28.  The  pipes  mentioned  and  referred  to  in  the  preceding  ibid,s.4. 
section  are  hereby  declared  to  mean  and  be  any  pipes  laid  by  what  pipes, 
the  said   Board  or  in  connection  with  the  works  under  their 

care,  under  or  along   any   street,  lane  or  alley   of  the   city, 
whether  the  same  be  under  or  along  the  space  covered  or  de- 
signed to  be  covered  with  the  foot  pavement  or  not,  and  a 
notice  of  the  fact,  by  any  person  whatsoever,  left  at  the  office  Notice, 
of  said  Board,  shall  be  a  sufficient  notification.     And  it  shall  Duty  of  water 

be  the  duty  of  the  said  Water  Board,  whenever  they  shall  be  to  defective 

.  .      pipes, 

notified  that  any  pipe  or  pipes  laid  by  them  or  m  connection 


1140  Water. 

Article  LIII. — Ordinances. 


with  the  works  under  their  charge,  within  the  limits  of  any 
private  property  in  the  said  city,  are  defective,  so  as  to  prevent 
or  cause  the  water  to  flow  upon  the  surface  of  the  ground  or 
pavement,  to  make  immediate  application  to  the  owners  or  oc- 
cupants of  said  property,  should  the  occupant  not  be  the  owner 
thereof,  for  permission  to  send  their  workmen  upon  the  prem- 
ises to  repair  the  same,  and  if  any  owner  or  occupant  of  any 
property,  or  agent  of  such  owner,  shall,  upon  such  application, 
refuse  permission  to  said  Board  thus  to  repair  defective  pipes 
as  aforesaid,  or  refusing  the  said  permission,  shall  not  imme- 
Penaity  for  re-  diatcly  repair  the  same  themselves,  they  shall  be  subject  to  a 
board  to  repair  penalty  of  ten  dollars  for  every  day  after  such  application  until 

defective  pipes.  ^  -^  J         J  rr 

such  repair  is  made  and  such  pipes  secured. 


PAVEMENTS. 

ibid.fs.  5.  29.     In  all  cases  where  the  said  Board  or  any  of  their  agents 

Pavements        Or  workmcu  shall  take  up  the  pavement  for  the  purpose  afore- 

when  to  be  re-   said,  and  shall  not  repave  the  same  in  a  reasonable  time,  at  the 
p*v^<i>  .  .  .  .  .    .         ^ 

City  commis-    discretion  of  the  City  Commissioner,  the  said  commissioner 

sioti6r> 

shall  give  notice  to  the  said  Board  to  have  the  same  immediately 
repaired  ;  and  if  the  Board  refuse  or  neglect  to  have  it  done  the 
City  Commissioner  shall  proceed  to  have  it  repaired  at  the  ex- 
pense of  said  Water  Board. 

Ibid,  3.6.  30.     It  shall  not  be  lawful  for  any  person  or  persons,  com- 

pavements  not  pany  or  Corporation,  to  remove  any  of  the  stone  or  brick  pave- 
without  permis-  ments  of  the  city  for  the  introduction  of  water-pipes  without 

sion.  "  1      .  /. 

permission  from  the  Water  Board,  and  the  replacing  of  said 
pavement  to  be  under  the  superintendence  of  the  City  Com- 
missioner, at  the  expense  of  the  party  removing  the  same  ;  and 
any  person  or  persons,  company  or  corporation,  who  shall  vio- 
Penaity.  late  this  scction,  shall  forfeit  and  pay  a  fine  of  twenty  dollars, 

to  be  applied  as  provided  in  section  44  hereof 
Ibid,  8. 7.  31.     In  all  instances  where  the  pavement  of  any  street,  lane 

Kepaving  regu-  Or  alley  which  may  have  been  heretofore  or  may  hereafter  be 
opened  or  dug  up  by  said  Water  Board,  has  not,  in  the  judg- 


Wateb.  1141 

Article  LEU. — Ordinances. 


raent  of  the  City  Commissioner,  been  well  and  effectually  re- 
paved,  the  said  Water  Board,  being  informed  thereof  in  writing 
by  the  said  Commissioner,  shall  forthwith  proceed  well  and 
effectually  to  repave  the  same,  and  the  expenses  thereof  shall 
be  chargeable  to  and  paid  by  the  said  Board. 

32.  Whenever  it  becomes  necessary  to  pave,  repave  or  re- no.  3,  Feb,  5, 
pair  any  street,  lane  or  alley  in  the  city  of  Baltimore,  it  shall  Paving,  ic, 
be  the  duty  of  the  paver  or  contractors  to  distinctly  mark  by 

three  bricks  on  edge,  or  iron  box,  all  water-stops  of  private  Bricks  to  mark 

.  r  r  water  stops. 

water-pipes  leading  from  the  city's  main  pipes  to  the  property 
opposite  to  which  the  stop  may  be  found.     He  or  they  so 
offending  shall  forfeit  and  pay  for  each  and  every  neglect  the 
sum  of  ten  dollars,  to  be  paid  to  the  Register  for  the  use  of  Penalty, 
the  Water  Department. 

33.  It  shall  be  the  duty  of  the  owners  of  property,  plumbers,  ibid,  s.  2. 
bricklayers  or  other  person  or  persons,  in  paving  or  repaving  water  stops, 
the  side-walks,  yards  or  alleys,  to  distinctly  mark  by  three  bricks 

on  edge,  or  iron  box,  the  water-stops  that  may  be  covered  by 
said  paving  or  repaving,  under  a  penalty  of  ten  dollars  for  each  Penalty, 
and  every  neglect  of  the  same,  to  be  paid  to  the  Register  for 
the  use  of  the  Water  Department. 

HYDRANTS  AND  FIRE  PLUGS.* 

34.  It  shall  not  be  lawful  for  any  person  or   persons   to  No.  50,  April  5, 
erect  any  hydrant  which  wastes  in  the  earth,  or  from  which  unlawful  to 

erect  hydrants 

the  water  in  the  pipe,  between  the  valve  and  the  nozzle,  runs  which  waste  m 

^  ^    '  th«  earth . 

back  into  the  ground  when  the  lever  is  let  down,  nor  any  fix- 
ture of  any  kind  by  which  the  waste-water  from  the  pipes  is 
discharged  below  the  surface  of  the  pavement ;  any  person  or 
persons  who  shall  violate  this  section,  upon  conviction  thereof 
before  any  justice  of  the  peace  of  the  city,  shall  forfeit   and 

*  See  p.  291,  ante. 


1142  Water. 

Article  LIII. — Ordinances. 


Penalty.  pay  the  sum  of  twenty  dollars,  to  be  paid  as  provided  in  the 

preceding  section. 

No.  43, 8.  8,  B.  35.  All  persons  who  may  use  the  water  from  the  hydrants 
Hydrants  regu-  Under  the  charge  of  the  Water  Board,  or  any  water  company 
within  this  city,  shall  conveyor  cause  to  be  conveyed  all  the 
surplus  water  from  their  respective  hydrants  by  means  of  gut- 
ters, trunks  or  pipes,  into  the  public  streets  or  otherwise,  in 
such  manner  as  not  to  injure  the  public  footways  or  the  pro- 
perty of  their  neighbors,  under  the  penalty  of  five  dollars  for 
each  and  every  offence. 

Ibid,  s.  9.  36.     If  any  owner  or  owners,  occupier  or  occupiers  of  any 

Penalty  for  ai-  housc  or  tenement,  shall  let,  permit  or  suffer  any  hydrant  or 

lowing  water  to 

flow  from  hy-    hvdrants   attached  to  such   house  or  tenement,  to  discharge 

drants.  ''  , 

more  water  than  may  be  necessary  for  the  use  of  such  owner 
or  occupiers;  if  such  discharge  shall,  by  the  freezing  of  the 
water  in  any  street,  lane,  alley  or  yard  in  this  city,  or  from  any 
other  cause,  occasion  any  injury  or  inconvenience  to  the  public 
or  to  individuals,  such  owner  or  occupier  shall  forfeit  and  pay 
a  sum  not  exceeding  ten  dollars. 

Ibid,  s.  10.  37.     If  any  person  shall  break,  injure,  carry  away  or  des- 

Penaity  for  in-   troy  any  of  the  fire  plugs  or  instruments  belonging  thereto; 

juring  fire  plugs 

or  opening  the  or  if  auj  persou  Or  pcrsous  not  authorized  by  ordinance,  or 
otherwise,  shall  open  and  sufier  any  tire  plug  to  discharge 
water  therefrom,  such   person   shall,  for   every  such  offence, 

Proviso.  forfeit  and  pay  the  sum  of  twenty  dollars ;  provided  that  this 

section  shall  not  extend  in  any  case  to  any  person  performing 
the  necessary  cleaning  of  apparatus  of  the  Fire  Department, 
or  attending  to  any  duties  required  by  the  corporation. 

INJUEING  WATER  WORKS. 

Ibid,  s.  11.  38.     If  any  person  or  persons  shall  do  or  cause  to  be  done 

Penalty  for  in-  any  act  whatsocvcr  whereby  the  water-works  belonging  to  the 

juring  water  ■  /.  t->    i  <=><=> 

works.  city  of  Baltimore,  or  any  pipe,  plug,  cock  or  any  engine  or 


Watee.  1143 

Article  LIIl. — Ordinances. 


machine  appertaining  to  the  same  shall  be  stopped,  obstructed, 
impaired  or  injured,  the  person  or  persons  so  offending  shall 
forfeit  and  pay  a  sum  not  exceeding  twenty  dollars. 

NEW  HYDRANTS. 

39.  No  new  hydrant  shall  be  used  unless  the  principle  of  ibtd,s.  13. 
said  hydrant  be  first  approved  by  the  Water  Board  :  and  any  New  hydrants, 

•'     .  .  ^'^  ''  '  *'    principle   to   be 

person  violating  this  section  shall  forfeit  and  pay  a  fine  of  ten  approved  by 
dollars,  to  be  paid  to  the  Register  for  the  use  of  the  Water 
Department. 

NEW  FIRE  PLUGS. 

40.  The  Water  Board  is  hereby  directed  to  have  at  least  ibw,  a.  u;  No. 

58,  Oct.  1,  '58. 

thirty  fire  plugs  erected  annually  hereafter,  and  placed  at  Board  to  erect 

fire  plugs. 

such  points  or  places  as  in  their  judgment  will  best  serve  for 
the  extinguishment  of  fires  ;  provided  the  Water  Board  shall  Proviso, 
place  at  least  one  fire  plug  to  the  front  or  face  of  each  square 
of  ground  or  buildings  where  water-pipes  may  be  laid  down. 

41.  The  sum  of  five  thousand  dollars  is  hereby  appro- ibia,  s.  15. 
priated  annually,  to  pay  the  expenses  of  erecting  fire  plugs  ;  Annual  appro- 
and  the  Register  is  hereby  directed,  with  the  approbation  of  plugs. 

the  Mayor,  to  pay  such  sum  or  sums  to  the  order  of  the 
Water  Board,  not  exceeding  the  annual  appropriation  for  that 
purpose. 

CONTROL  OF  WATER  REGISTRAR. 

42.  Should  any  person  or  persons,  occupant  or  occupants,  iwd,  s.  n. 
make  the  connection  or  turn  or  let  on  the  water,  without  the  connection  not 

.  to  be  made  or 

written  consent  of  the  Registrar,  to  his,  her  or  their  pre- water  turned  on 

o  ■••  without  consent 

mises,  he,  she  or  they  shall  forfeit  and  pay  a  sum  of  not  less  °^  Registrar, 
than  one  dollar  nor  more  than  ten  dollars. 

43.  Should  any  person  or  persons,  occupant  or  occupants,  ibid.s.  is. 
refuse  to  permit  the  Registrar  or  his  agent  to  visit  his,  her  penalty  for  re- 

1  n  1  •      1  fusing  to  allow 

or  their  premises,  when  in  the  official  discharge  of  his  duty.  Registrar  to 

■•^  '  o  1  '  yjg,t  premises. 

he,  she  or  they  shall  forfeit  and  pay  a  sum  of  not  less  than 
one  dollar  nor  more  than  ten  dollars. 


1144  "Water. 

Article  LIII. — Ordinances. 


FINES  AND  PENALTIES  AND  POLICE. 
Ibid,  s.  19 ;  No.      44.     All  fines  and  penalties  imposed  by  this  ordinance 

36,  Mar.  24, '71.  ^  , 

Fines  and  pen-  shall  be  recovered  as  other  fines  and  penalties  are,  and  shall 

allies— how  re-  ■,        -n,        •  /•  i  r-     ^         ttt  -r\ 

covered.  be  paid  to  the  Eegister  for  the  use  of  the  Water  Depart- 

ment. 

Ibid,  s.  20.  45.     It  shall  be  the  duty  of  the  police  to  report  all  viola- 

Poiiceto  report  tious  of  Water  Ordinances,  all  new  buildings  using  the  water 

violations  or  or-  ,  .  „ 

dinance,  &c.  from  hydrauts  or  fire  plugs  for  building  purposes,  wasting  of 
water  from  hydrants,  fire  plugs  out  of  order,  bursted  pipes, 
and  person  or  persons  who  are  using  the  water  from  the  fire 
plugs,  or  causing  the  water  to  flow  from  them  contrary  to 
the  provisions  of  any  city  ordinance. 

FOUNTAINS. 

No.  107,  June  8,      46.     The  Water  Board  of  the  City  of  Baltimore  is  hereby 
Public  foun-      authorized  and  empowered,  wherever  in  their  judgment  it 

tains  for  human 

beings  and       shall  bc  neccssary,  to  erect  or  cause  to  be  erected,  under  the 

dumb  animals.  "^  ' 

supervision  of  the  Water  Engineer,  public  fountains  for  the 
use  of  human  beings  and  dumb  animals,  in  such  localities 
throughout  the  corporate  limits  of  the  city  of  Baltimore  as 
will  best  subserve  the  public  interests ;  the  expense  of  the 
same  to  be  taken  out  of  the  annual  appropriation  for  plugs,  . 

pumps  and  fountains. 

PRIVATE  PUMPS. 
No.  108,  Junes,      4*7.     Whenever  permission  shall  be  granted  to  any  person 

'76. 

Private  wells,  or  pcrsous  to  siuk  a  well  and  erect  a  pump  therein  on  the 
highways  of  the  city  of  Baltimore,  the  person  or  persons  to 
whom  such  permission  shall  be  granted  shall  comply  in  full 
with  the  instructions  given  by  the  Water  Engineer,  under 
whose  supervision  all  private  wells  shall  be  sunk  and  private 
pumps  erected!     No  permission  shall  be  granted  to  any  per- 


Water.  1145 

Article  LIII. — Ordinances. 


son  or  persons  to  sink  a  well  and  erect  a  pump  therein  on  use  of  water, 
any  of  the  highways  of  the  city  of  Baltimore,  unless  the 
water  thereof  shall  be  subject  to  the  free  use  of  the  public. 

48.  All  pumps  known  as  private  pumps,  erected  by  per-  iwa.s.s. 
mission  of  the  Mayor  and  City  Council  of  Baltimore,  shall  care  of  private 

pumps. 

be  taken  care  of  by  the  owner  of  the  property  in  whose  in- 
terest the  permission  to  erect  the  same  may  be  granted,  and 
any  change  in  the  ownership  of  said  property  shall  transfer 
the  obligation  to  take  care  of  such  pumps,  unless  the  same 
shall  have  been  ceded  to  the  corporation,  as  provided  in  sec-  ceded  tocity. 
tion  58  of  this  article. 

49.  Any  person  or  persons  violating  any  of  the  provisions  ibid,  *.  4. 
of  the  preceding  two  sections  shall  be  liable  to  a  penalty  of  Penalty, 
five  dollars,  and  a  further  penalty  of  one  dollar  for  every  day 

the  violation  shall  be  permitted  to  exist,  to  be  recovered  as 
other  fines  for  violating  city  ordinances  are  recoverable. 

PUMPS. 
60.    Whenever  the  owners  of  property  in  any  locality  which  no.  eo,  s.  1, 

May  12  '59. 

may  be  so  situate  that  it  cannot  be  supplied  with  hydrant  Application  for 
water,  desire  a  well  to  be  sunk  or  pump  to  be  erected,  within  pumps, 
the  limits  of  direct  taxation,  sixteen  or  more  of  them,  and  if 
outside  the  limits  of  direct  taxation,  and  within  the  limits  of 
the  city,  eight  or  more  of  them  shall  make  application  to  the 
Water  Board  in  writing,  describing  the  place  where  the  new 
well  or  pump  is  required,  the  Water  Engineer  shall  examine  Duty  of  water 
the  location  and  report  to  the  Water  Board  the  situation  of 
the  property  surrounding,  together  with  the  distance  the 
water-pipes  are  from  the  said  location  ;  if,  in  the  judgment 
of  the  Water  Board,  the  well  and  pump  are  requisite  to  the 
public  good,  the  Water  Engineer  shall  forthwith  cause  the 
work  to  be  done  by  contract  to  be  given  to  the  lowest  re- 
sponsible bidder,  after  due  notice  for  proposals  shall  have 


1146  Water. 

Article  LIII. — Ordinances. 


been  published  in  two  of  the  daily  papers  of  the  city,  and 
Apportionment,  when  Completed  he  shall  apportion  the  expense  on  all  the 
assessable  property  which,  in  his  judgment,  will  be  bene- 
fited by  the  erection  of  said  pump  or  sinking  said  well.  The 
Water  Engineer  shall  make  or  cause  to  be  made  a  correct 
list  of  the  persons  who  are  liable  to  pay  said  apportionment, 
Proviso.  and  the  amount  to  be  paid  by  each  person ;  provided  that 

all  property  which  may  be  supplied  with  hydrant  water 
shall  be  exempt  from  any  such  assessment ;  and  the  said 
Water  Engineer  shall  not  assess  any  person  having  a  pri- 
vate pump  in  good  order  more  than  one-half  the  cost  for 
which  said  person  would  otherwise  have  been  liable ;  he  is 
also  hereby  directed  to  deliver  to  the  Water  Registrar  a  du- 
plicate of  such  list  under  his  hand  and  seal,  with  directions 
for  collecting  the  same,  neverthless  correcting  any  mistakes  ; 
Duty  of  Water  the  Registrar  shall  collect  the  same,  through  the  agency  of 

Registrar.  o         ./ 

the  collectors  of  water-rents  for  the  use  of  the  city,  under 
the  direction  of  the  Water  Board,  adding  ten  per  cent,  as 
Distress.  commission  for  said  collection,  by  distress  or  otherwise,  and 

pay  the  amount  to  the  City  Register. 

Ibid,  s.  2.  51.     It  shall  be  the  duty  of  the  Water  Registrar,  immedi- 

water  Regis-    atcly  upou  recciviug  from  the  Water  Engineer  any  assess- 

Irar  to  furnish  -i      c  '    -i  •  n  •  p  •    i 

each  person  as-  ment  made  for  sinking  wells  or  erecting  pumps,  to  furnish 

f^me.^'  ^"^  °^   ®^^^  ^^  *^®  persons  assessed  with  a  bill  of  his,  her  or  their 

proportion  of  the  expense  assessed  as  aforesaid ;  and  if  the 

person  or  persons  so  charged  shall  not  pay  the  same  within 

sixty  days  after  the  bills  have  been  delivered,  it  shall  be  the 

Enforcing  pay-  duty  of  the  Water  Registrar  forthwith  to  proceed  to  enforce 

ment. 

payment  according  to  law. 


Ibid,  8. 3.  52.     Whenever    any  public  pump  or    well  without  the 

Pumps  out  of     limits  of  direct  taxation,  and  within  the  limits  of  the  city, 

limits  of  direct  .  .,  ,  i-iniii 

taxation.  shall  requu'c  to  be  repaired  or  deepened,  it  shall  be  the  duty 

of  the  Water  Engineer,  upon  the  application  in  writing  of 


Water.  1147 

Article  LIII. — Ordinances. 


any  seven  proprietors  of  houses  or  lots,  who  may  be  liable 
to  be  assessed  for  such  repairs  or  deepening  of  such  wells,  to 
cause  the  same  to  be  done,  and  to  assess  the  expenses  thereof 
on  the  property  benefited  thereby,  and  the  Water  Engineer 
shall  also  issue  his  warrant  to  the  Water  Registrar,  who 
shall  collect  the  same,  in  the  manner  provided  for  collecting 
the  expense  of  new  pumps  and  wells. 

53.     If  any  person  shall  think  himself  or  herself  aggriev-  ibid,8.4. 
ed  by  the  pump-tax  herein  directed  to  be  levied,  he  or  she  Appeal  to  water 

board. 

may,  within  ten  days  after  being  furnished  with  his  or  her  Tax. 
account,  appeal  in  writing  to  the  Water  Board,  which  is 
hereby  authorized  and  directed  to    nominate  and  appoint 
three  persons  of  integrity  and  ability,  not  interested  or  re-  Referees, 
lated  to  the  parties,  to  examine  the  assessment  or  tax,  and 
either  alter  or  confirm  the  same,  as  they,  or  any  two  of  them, 
may  determine,   and  shall  return  the  same  to  the  Water 
Board,  with  their  decision  in   writing,  which  shall  be  final 
and  conclusive,  and  each  of  the  persons  so  appointed  shall 
be  entitled  to  one  dollar  for  his  service   as  aforesaid,  to  be 
paid  by  the  person  or  persons  appealing,  in  case  the  first 
assessment  should  be  confirmed,  otherwise  it  shall  be  charged 
in  the  expenses  of  erecting  the  pump,  and  levied  and  col-, 
lected  in  the  same  manner  as  other  charges  thereof. 

ARTESIAN  WELLS. 

64.     The  provisions  of  the  preceding  sections,  50  to  53,  are  ibid,s.  5. 
hereby  made  applicable  to  the  construction  of  artesian  wells  Artesian  weiu. 
as  fully  as  to  the  ordinary  wells  and  pumps;  provided  that  the  Proviso, 
petitioners  shall  be  responsible  for  all  expenses  that  may  ac- 
crue from  sinking  such  artesian  well,  if  a  failure  should  taka 
place  in  the  attempt  to  procure  water.* 

*In  case  of  a  failure  to  procure  water,  the  petitioners  who  have  applied 
for  the  sinking  of  the  artesian  well,  are  to  be  responsible  for  the  expenses 


1148  Watee. 

Article  LIII. — Ordinances. 


CAKE  OF  PUMPS  AND  FIRE  PLUGS. 

Ibid,  s.  6.  55.     The  Water  Registrar  is  hereby  authorized  to  draw  on  the 

Repairine  wells  Register  of  the  City  for  such  sums  as  may  be  necessary  to  keep 

such  wells  and  pumps  in  repair  as  may  subserve  the  public 
Proviso.  good ;  provided  that  no  greater  sum  shall  be  expended  in  any 

one  year  than  that  which  shall  be  appropriated  for  repairs ; 

the  expense  whereof  shall  be  borne  by  the  corporation  ;  and 
Reportto  Water  the  Water  Registrar  shall,  once  in  every  three  months,  render 

to  the  Water   Board  a  just  and  true  account  of  all  money  by 

him  expended  in  repairing  or  deepening  pumps  and  wells, 

with  vouchers  for  the  same. 

Ibid.  8.7.  56.     It  shall  be  the  duty  of  the  Water  Engineer  to  examine 

Water  Engineer  evcry   pump   bcforc   it   is   put  iuto   the   well,  and   ascertain 
pumps.  whether  the  work  and  material  be  of  good  quality,  and  also 

Dimensions  of   866  that  all  wclls,  whcu  Completed,  are  of  at  least  five  feet  in 
diameter,  clear  of  the  walls ;  in   all   public  pumps  hereafter 
repaired  or  constructed,  the  platforms  shall   be  of  stone,  and 
Nozzles.  .all  new  pumps  shall    have  metal  nozzles  with  screws  corres- 

ponding with  those  on  the  hose  used  by  the  Fire  Department. 

Ibid  s.  8.  57.     If  any  person  or  persons  shall  wilfully  break,  defile, 

Persons  break-  Tcmove,  dcfacc,  or  Carry  away  the  handle,  or  ladle,  or  cover, 

&c.' pumps,  fire  or  obstruct  any  pump  standing  in  the  streets,  lanes  or  alleys 

of  the  city,  or  otherwise  damage  or  injure  the  same,  or  injure 

or  deface  any  fire  plugs,  every  person  so  ofiending,  or  aiding, 

Penalty.  or  assisting  in  such  ofifence,  shall  forfeit  and   pay  a  sum  not 

exceeding  twenty  dollars. 

Ibid,  S.9.  58.     The  Water  Board  is  hereby  authorized  and  empowered 

Water  Board  to  to  reccivc  all  such  wclls  and  pumps  within  the  limits  of  direct 
erected  by  in-    taxation,  as  havc  becu  erected  by  individuals  who  are  willing 

divlduals.  •'  ° 

Proviso.  to  cede  the  same  to  the  corporation ;  provided,  such  wells  and 

whicli  may  be  incurred  in  the  attempt  to  sink  tlie  said  well,  and  not  the 
Mayor  and  City  Council.    Ruppert  vs.  May(yr,  &c.,  23  Md.  184. 


Water.  1149 

Article  LIII. — Ordinances. 


pumps  be  so  situate  that  at  the  time  of  receiving  them  they 
are  of  public  utility,  and  in  good  order. 

ASSESSMENT  FOR  SINKING  WELL  OR  ERECTING  PUMP. 

69.     Whenever  a  new  well  shall  be  sunk,  or  pump  erected,  ibid.s.  lo. 
which  may  require  an  assessment  on  property,  to  defray  the  water  Engineer 
expense  thereof,  and  the  Water  Engineer  shall  have  made  the  ment  and  return 

-ITT  -r.       •  same  to  Regis- 

assessraent,  and  returned  the  same  to  the  Water  Registrar, 'rw.  &c. 
and  a  copy  thereof  to  the  Water  Board,  said  Registrar  is  hereby 
authorized  to  pay  to  the  person  or  persons  employed  to  do  the 
work,  or  furnish  materials  for  new  wells  or  pumps  sunk  or 
erected,  the  amount  of  his  or  their  respective  bills,  in  ninety 
days  after  he  shall  have  received  the  certificate  of  the  Water 
Engineer  that  the  work  has  been  performed  in  accordance  with 
the  contract  made,  and  that  the  materials  furnished  were  duly 
delivered   and   approved ;    provided,  that  nothing  herein  con-  Proriso. 
tained   shall   be  so  constructed  as  to  allow  any  expense  for 
repairs  of  wells  and  pumps  to  be  incurred,  which  shall  cause  an 
excess  of  expenditure  beyond  the  amount  of  the  annual  ap-  Appropriation, 
propriation  for  the  repairs  of  wells  and  pumps. 

REMOVAL  OP  PUMPS. 

60.  The  Water  Engineer  is  authorized  to  remove  all  pumps  Re"-  ^  V^' 
which  upon  examination  may  be  found  to  be  of  no  practical  Removal  of 

i-  •/  1  pumps. 

use  within  the  limits  of  the  city ;  provided,  two-thirds  of  the 
owners  of  property  and  residents  within  the  distance  of  one 
square  of  the  pump  proposed  to  be  removed,  shall  first  give 
their  written  consent  to  said  removal. 

61.  When  the  Water  Engineer  shall  remove  any  pumps,  he  N"-  h,  Mar.  zt, 
shall  have  the  wells  securely  covered  with  stone  platforms,  not  weiistobecov- 
less  than  two  feet  below  the  kerb,  filled  with  dirt  and  repaved ; 

the  expense  thereof  to  be  taken  from  the  appropriation  for  the 
repairs  of  pumps. 


1150  Water. 

Article  LIU. — Ordinances. 


Na63,8.  i,May      Q2.     The  Water  Engineer  is  authorized  and  directed  to  have 

Places  to  be      a  piece  of  granite  or  marble,  not  less  than  twelve  inches  square, 

placed  in  the  pavement  near  or  about  the  centre  of  the  wells 

where  pumps  have  been,  or  may  hereafter  be  removed  from  the 

public  streets,  lanes  or  alleys  in  the  city. 

ibid.s.  2.  63.     If  any  person  or  persons  shall  remove  said  stone  or  mark 

Penalty  for  re-  for  the  purposo  of  repairing  the  pavement,  or  for  any  other 

moTing  marks.  ,  .  .  , 

purpose,  and  refuse  or  neglect  to  replace  it,  said  person  or  per- 
sons shall  be  subject  to  a  fine  of  five  dollars  for  each  and  every 
ofience. 


PIPES  OR  SEWERS  NOT  TO  BE  INTRODUCED  INTO  WELLS. 

Ibid,  s.  3.  64.     If  any  person  or  persons  shall  introduce  a  pipe  or  sewer 

Pipes,  Ac,  not  iuto  any  of  the  wells  belonging  to  the  city,  for  the  purpose  of 

toDeintro-  ■,      .    .  ,  „  > 

ducedinto  draining  water  closets,  or  for  any  other  purpose  whatever, 
each  and  every  person  for  each  and  every  such  ofi'ence  shall 

Penalty.  forfeit   and    pay   a   sum   not    exceeding   twenty   dollars,  to 

be  paid  to  the  Register  for  the  use  of  the  Water  Depart- 
ment. 

OBSTRUCTION  OF  PUMPS,  HYDRANTS  OR  FOUNTAINS. 

No.  33,  s.  13,  R.      65.     It  shall  not  be  lawful  for  any  person  or  persons  to  place 
Pumps  and  hy-  any  hogshcad,  barrel  or  cask,  for  the  purpose  of  filling  the  same, 

drants  not  to  be  i  i.  •         i. 

obstructed.  SO  near  any  public  pump  or  hydrant  as  to  be  an  obstruction  to 
citizens  going  to  and  from  the  same,  or  by  any  other  method 
obstruct  the  free  use  of  the  water  in  any  pump  or  hydrant;  but  all 
hogshead,  barrels  and  casks  shall  be  placed  at  a  distance  of  at 

Penalty.  Icast  ten  feet  from  any  pump  or  hydrant,  under  a  penalty  of  not 

more  than  five  dollars  or  less  than  one  dollar. 


Ibid,  s.  14,  66.     If  any  person  shall  clean,  scale  or  wash  any  fish,  meat, 

Pumps,  foun-     clothcs,  or  any  other  thing  which  may  be  liable  to  create  a 

tains,  &c.,  pro-  .  ,  ^^         ^      ^  ^ 

tected  fromnui-  nuisancc,  or  render  the  street,  lane  or  alley  loul  or  unclean,  near 
any  of  the  public  pumps,  springs  or  foumtains  in  the  city,  every 


Water.  1151 

Article  LIII. — Ordinances. 


person  so  offending  shall  forfeit  and  pay  a  sura  not  exceeding  Penalty, 
five  dollars. 


LAKES  AND  RESERVOIRS  IN  DRUID  HILL  PARK. 

67»    With  a  view  of  increasing  the  storage  of  water  for  No.37,8. 5, 
the  supply  of  the  city  by  the  construction  of  lakes  and  re- Lakes,  &c.. in 
servoirs  in  Druid  Hill  Park  and  the  land  adjoining  thereto,  Paric. 
the  Park  Commission,  under   the   direction   of  the   Water 
Board,  is  authorized  to  lay  a  pipe  from  Hampden  Reservoir 
or  from  the  conduit  to  a  reservoir  or  reservoirs  within  the 
park,  (to  be  constructed  by  the  Park  Commission,)  and  to 
keep  the  latter  supplied  with  water  from  the  former,  under 
the  control  of  the  Water  Board,  having  regard  to  the  exi- 
gencies of  the  city,  it  being  understood  that  the  Park  Com- 
mission will  appropriate  to  the  use  of  said  Board  for  a  still 
further  storage  of  water,  any  land  under  the  control  of  the  storage  of  wa- 
Park  Commission   outside  of  the   limits   of  the  park,  not 
affected  by  any  existing  agreements,  and  the  Park  Commis- 
sion is  hereby  authorized  to  make  such  appropriation. 

68.     For  the  purpose  of  supplying  such  portions  of  the  iMd,  s.  e. 
city  as  cannot  be  supplied  from  the  present  reservoirs,  the  Power  of  water 
Water  Board  shall  have  power,  at  their  discretion,  to  use 
any  of  the  reservoirs  or  lakes  in  Druid  Hill  Park,  and  to 
open  the  ground  and  lay  down  pipes  in  the  said  park,  as 
they  are  now  authorized  to  do  within  the  limits  of  the  city  ; 
provided,  that  the  Park  Commission  shall  be  consulted  in  the  Proviso, 
location  of  said  pipes,  and  that  the  same  shall  be  agreed 
upon  by  the  two  commissions.* 


*  The  large  lake,  covering  50  acres,  constructed  in  Druid  Hill  Park,  was 
called  Lake  Chapman  by  Res.  No.  87,  May  19,  '65  ;  but  the  name  was  changed 
to  Druid  Lake  by  Res.  No.  Ill,  Mar.  30.  '68.    See  p.  683,  anU. 


1152  Water. 

Article  LIII.— Ordinances. 


GUNPOWDER  RIVER. 
No.  115,  Oct.  25,      69.     The  Water  Board  of  the  City  of  Baltimore  is  hereby 

'72. 

Water  Board     authorized  and  directed,  for  and  ia  behalf  of  the  Mayor  and 

authorized  to 

introduce  water  City  Council  of  Baltimore,  to  commence  and  prosecute  to 

of  Gunpowder  •'  '  '■ 

'''^^'■•'  completion  the  work  of  introducing  the  water  of  the  Gun- 

powder river  into  the  city,  upon  such  plan  as  may  be  deter- 
mined upon  by  the  said  Water  Board  as  best  and  most 
effectual,  and  to  exercise,  in  the  name  of  the  said  Mayor  and 
City  Council,  all  the  powers  granted  by  the  Legislature  for 
the  purpose  herein  named. 

No.  3,  Dec.  2C,      70.     The  Water  Board  of  the  City  of  Baltimore  is  hereby 
Contract  for      authorized  and  directed  to  proceed  without  delay  to  enter 

construction  of  pit 

works.  into  contract  with  some  one  or  more  of  the  persons  who 

have  heretofore  submitted  proposals  to  the  City  Council  or 
to  the  Water  Board,  for  the  construction  of  works  capable 
of  and  properly  incident  to  furnishing  a  supply  of  water  of 
not  less  than  ten  millions  of  gallons  from  the  Gunpowder 
river  into  the  city  reservoir,  known  as  Lake  Roland.* 

Ibid,  s.  2.  71.     The  basis  and  substance  of  the  said  contract  so  to  be 

Basis  and  s«b-  entered  into  shall  be,  that  the  city  of  Baltimore  shall  secure 

stance  of  con- 
tract, and  furnish  at  its  own  cost  all  the  water-rights,  rights-of- 
way  and  the  right  to  use  and  occupy  ground  necessary  for 
the  purpose  ;    and  the  other  contracting  party  or  parties 

*By  No.  1,  Feb.  1,  1866,  and  No.  38,  April  5,  1866,  the  Water  Board  was 
authorized  to  purchase  water  rights,  lands  and  other  property  in  the  Great 
Falls  of  the  Gunpowder  river  from  the  Pattersons,  Georges  and  from  the 
Gunpowder  Copper  Works,  and  by  Ordinance  No.  5,  February  23, 1867,  the 
Water  Board' was  authorized  to  purchase  lands,  water  rights  and  parts  of  the 
property  known  as  Glen  Ellen,  Summerfield  and  Rockwood. 

By  Ordinance  No.  40,  July  17,  1856 ;  No.  3,  Jan.  30, 1857 ;  No.  53,  July 
11, 1857 ;  No.  43,  May  7,  1861 ;  No.  59,  August  27,  1863,  and  No.  7,  Feb.  12, 
1864,  the  Water  Board  was  authorized  to  carry  into  effect  the  plan  of  in- 
troducing the  water  from  Jones'  Falls,  &c.,  into  the  city  and  for  constructing 
necessary  works,  making  contracts  and  selling  property,  &c. 


Water.  1158 

Article  LIII. — Ordinances. 


shall,  on  his  or  their  part,  agree  and  bind  and  oblige  him- 
self or  themselves  to  supply  the  city  of  Baltimore,  within 
seven  months  from  the  date  of  the  execution  of  said  contract, 
with  at  least  ten  millions  of  gallons  of  water  in  ea6h  twenty-  10,000,000  gai- 

,.  1  .,,..  .  I'ipii  ^°^^  P®''  diem. 

tour  hours  in  addition  to  its  present  supply,  in  the  lollow- 

ing  manner,  viz  :  by  the  erection  of  a  dam  and  steam  pump-  Basis  and  sub- 
stance of  con- 
ing machinery  at  or  near  Meredith's  Ford,  on  the  Gunpowder  tract. 

river,  and  laying  thence  a  line  of  cast  iron  pipe  of  thirty- 
six  inch  diameter,  connecting  with  the  pumping  machinery 
crossing  the  ridge  at  the  point  of  greatest  depression,  near 
Lutherville,  and  extending  to  the  north  branch  of  Roland's 
run,  at  a  point  on  said  run  at  or  near  the  Northern  Central 
Railway  crossing,  which  said  pipe-line  between  the  points 
indicated  shall  be  definitely  determined  and  laid  down  by 
the  said  Water  Board,  undef  the  advice  of  their  engineer ; 
and  by  doing  all  other  matters  and  things  necessary  to  ac- 
complish the  purpose  aforesaid,  of  pumping  not  less  than 
ten  millions  of  gallons  of  water  in  each  twenty-four  hours 
from  the  Gunpowder  river  into  the  north  branch  of  Roland's 
run,  near  Lutherville.     The  pumping  engine  shall  be  of  the  Pumping  en- 

gine. 

character  known  as  Duplex,  and  of  the  best  quality,  and  so 
arranged  that  either  pump  can  be  worked  independently  of 
the  other,  and  to  be  operated  by  condensing  steam,  machin- 
ery supplied  with  ample  steam  generating  capacity  to  permit 
the  cleaning  or  repairing  of  a  portion  of  the  boilers  without 
stopping  the  engine.  A  stipulation  shall  be  made  that  all 
cast  iron  pipes  are  to  be  inspected  and  laid  under  the  direc-  pipes, 
tion  of  the  engineer  appointed  by  the  Water  Board,  and  each 
section  of  the  pipe  shall  be  tested  with  three  times  the  pres- 
sure due  to  the  elevation  or  head  of  water  which  it  is  required 
to  sustain.  Suitable  and  appropriate  buildings  shall  be 
erected  to  enclose  the  boilers  and  pumping  machinery.  All 
the  pipes  are  to  be  laid  in  an  excavated  trench  and  covered 
with  not  less  than  eighteen  inches  of  earth,  except  where 


1154  Watbb. 

Article  LIII. — Ordinances. 


rock  is  encountered,  when  they  shall  he  laid  upon  the  sur- 
face and  covered  with  not  less  than  three  feet  of  earth.     An 
Estimate  of      approximate  estimate  by   the  engineer   appointed  by   the 
Water  Board  of  the  value'  of  the  work  done  and  materials 
furnished  upon  the  line  of  its  construction  shall  be  made 
monthly,  and  payments  pf  ninety  per  cent,  thereon  shall  be 
made  by  the  city  of  Baltimore  to  the  contractor  or  contract- 
certificates,      ors,  upon  proper  certificate  of  the  Water   Board ;  ten  per 
cent.,  however,  of  the  entire  sum  named  in  the  contract  shall 
Ten  per  cent,  re-  be  retained  by  the  city  until  the  completion  and  acceptance 

tained  by  city.  J       ■  J  ir  r 

of  the  work  by  the  Water  Board  and  their  certificate  of  the 
facts,  which  they  shall  immediately  file  with  the  Register  of 
the  City,  when  the  money  shall  be  paid  to  the  contractor  or 

contractors. 

« 

Ibid,  s.  8.  72.     The  sum  agreed  upon  in  the  aforesaid  contract  to  be 

What  amount    paid  for  the  work  done  and  materials  furnished  in  and  about 

to  be  paid. 

the  premises  shall  not  exceed  seven  hundred  thousand  dollars, 

and  the  said  contracting  party  or  parties  shall  give  a  good  and 

Bond  from  con- suflBcient  boud  to  the  city  of  Baltimore,  to  be  accepted  and 

tracting  party.  

approved  by  the  Water  Board  before  the  execution  of  said 
contract,  in  the  penalty  of  one-half  of  the  contract  price  of 
said  entire  work  and  materials  to  be  done  and  furnished  and 
contracted  for,  with  at  least  two  sureties,  residents  of  the  city 
of  Baltimore,  conditioned  for  the  faithful  performance  of  the 
said  contract  in  the  manner  and  within  the  time  therein  set 
forth  and  specified. 

Ibid,  s.  6.  73.     The  Water  Board  of  the  City  of  Baltimore  is  hereby 

Rights  of  way,  invcstcd  with  all  the  authority  of  law,  for  and  in  the  name  of 
the  Mayor  and  City  Council  of  Baltimore,  to  secure  all  rights 
of  way  and  to  do  all  other  matters  and  things  necessary  to  the 
carrying  out  of  the  provisions  of  this  ordinance  as  fully  as  the 
said  authority  is  given  to  the  said  Mayor  and  City  Council  in 


Watee.  1155 

Article  LIIL — Ordinances. 


the  Code  of  Public  Local  Laws  of  the  State  relating  to  the 
subject  matter.* 

WATER  STOCK  OF  1916. 

74.  By  Ordinance  No.  65,  June  30,  1877,  the  Department  No.  65,  June  ao, 
of  Finance  was  directed  to  advertise  for  the  period  of  thirty  Authority  to 
days  in  four  of  the  daily  newspapers  of  the  city  of  Baltimore, 

(one  of  them  in  the  German  language,)  asking  proposals  to  be 
made  for  the  purchase  of  the  whole  or  any  part  of  the  stock  or 
bonds  by  this  ordinance  authorized  to  be  issued ;  the  proceeds 
of  all  sales  of  said  stock  or  bonds  to  be  applied  to  the  pay- 
ment or  redemption  of  the  various  loans  of  the  city,  known  as 
the  Baltimore  Water  Stock,  redeemable  at  the  pleasure  of  the 
city  after  May,  1875.t 

75.  The  said  ordinance  authorized  an  issue  ot  stock  to  an  fs.ooo.tou. 
amount  not  exceeding  $5,000,000,  redeemable  at  the  pleasure 

of  the  Mayor  and  City  Council  of  Baltimore,  on  and  after 
July  1,  1916,  bearing  interest  at  the  rate  of  five  per  centum 
per  annum,  payable  semi-annually,  on  the  first  day  of  May 
and  the  first  day  of  November  ;  and  it  is  made  a  condition 
that  the  city  shall  pay  all  taxes  which  may  be  imposed 
upon  said  stock  or  bonds  by  the  State  of  Maryland.     By  the 

*  Note.— As  to  Ordinance  No.  44,  April  34,  1873,  and  Ordinance  No.  6, 
February  12, 1874,  [p.  913,  &c.  ante,]  see  in  Appendix,  p.  1171,  post,  Ordinance 
No.  91,  October  4, 1878. 

t  This  ordinance  is  entitled  an  ordinance  authorizing  the  issue  of  Stocks 
or  Bonds  of  the  city  of  Baltimore,  to  the  amount  of  five  million  dollars,  for 
the  purpose  of  redeeming  the  various  loans,  known  as  the  Water  Stock  of 
1875 ;  and  also  providing  for  the  issue  of  Stocks  or  Bonds  for  the  redemption 
or  negotiation  of  other  loans  already  created  or  authorized.  The  other  ordi- 
nances on  this  subject  are  No.  89,  May  33, 1876,  repealed  by  No.  125,  June 
19, 1876.  Ordinance  No.  136,  June  19, 1876,  was  submitted  to  the  voters 
and  duly  approved,  in  October,  1876.  It  is,  however,  superseded  by  this 
Ordinance,  No.  65,  June  20, 1877,  which  is  a  re-enactment  of  Ordinance  No. 
136,  June  19, 1876,  omitting  (and  substituting  other  provisions  for)  provisions 
relating  to  taxes  and  other  matters. 


1156  Watee. 

Article  LIII. — Ordinances. 


fourth  section  of  this  ordinance  it  is  provided  that  when- 
ever and  as  often  as  any  of  the  existing  loans  of  the  city 
of  Baltimore  shall  mature  and  become  payable,  or  whenever 
any  loan  or  loans  heretofore  authorized  by  law  are  to  be  nego. 
tiated,  the  Department  of  Finance  is  empowered  in  its  discre- 
tion, to  issue  for  such  loan  or  loans,  certificates  of  stock  or 
bonds  of  the  city,  bearing  the  same  rate  of  interest,  subject  to 
the  same  conditions  and  restrictions,  and  with  the  same  privi- 
leges to  the  holders  and  purchasers  thereof  as  are  prescribed 
and  granted  in  the  preceding  section  ;  provided,  that  the  sum 
thus  applied  shall  not  exceed  the  sum  of  $5,000,000,  as  afore- 
said.* 

*By  the  Act  of  1876,  c  237,  the  Mayor  and  City  Council  of  Baltimore 
were  authorized  to  issue  stock  or  bonds  of  said  city  to  an  amount  not  ex- 
ceeding five  millons  of  dollars,  and  to  make  provision  for  the  redemption  of 
the  said  stock,  and  for  the  payment  of  the  interest  thereon,  at  such  time  and 
in  such  manner  as  to  it  shall  seem  best ;  provided,  however,  that  the  rate  of 
interest  to  be  paid  on  the  same  shall  not  exceed  five  per  centum  per  annum; 
and  it  further  provided,  that  the  proceeds  of  the  sale  of  said  stock  or  bonds 
shall  be  applied  to  the  payment  and  satisfaction  of  that  portion  of  the  in- 
debtedness of  the  city  of  Baltimore,  commonly  known  as  the  water  stock  of 
1875,  which  said  loan  was  made  payable  at  the  pleasure  of  the  said  city,  on 
and  after  May,  1875,  and  in  consideration  of  the  reduced  rate  of  interest 
which  the  said  stock  is  to  bear,  the  said  Mayor  and  City  Council  were  au- 
thorized to  provide  for  the  payment  of  all  taxes.  State,  Federal  or  otherwise, 
which  may  be  imposed  upon  the  said  stock,  or  to  which  it  may  be  liable  at 
the  time  of  its  issue,  or  upon  the  interest  or  income  to  be  derived  from  the 
same  ;  further,  that  no  stock  shall  be  issued  under  the  provision  of  this  Act, 
until  the  ordinance  of  the  said  Mayor  and  City  Council,  authorizing  the 
same,  shall  have  been  submitted  to  and  approved  by  the  legal  voters  of  the 
City  of  Baltimore,  in  accordance  with  the  provisions  of  the  seventh  section 
of  Article  eleven  of  the  Constitution,  and  that  whenever,  and  as  often  as  it 
may  be  necessary  hereafter  to  issue  certificates  of  indebtedness  of  the  said 
city,  either  for  loans  of  the  city  already  created  and  authorized  by  law,  or 
for  the  purpose  of  redeeming  loans  of  the  city  which  shall  have  matured, 
provision  may  be  made  in  the  discretion  (Jf  the  said  Mayor  and  City  Council 
for  the  payment  of  all  taxes,  to  which  the  holders  of  the  said  certificates 
shall  or  may  be  legally  liable,  provided,  however,  that  the  rate  of  interest  . 
payable  on  said  loans  shall  not  exceed  the  rate  of  five  per  centum  pei' 
annum. 

Note.— Baltimore  Water  Stock  of  '75. — The  Acts  of  Assembly, 


Water.  1157 

Article  LUI. — Ordinances. 


issue. 


GUNPOWDER  RIVER  STOCK  OF  1894. 
76.     By  Ordinance  No.  5,  Feb.  12,  '74,  an  issue  of  stock  to  no.  s,  Feb.  la, 

•^  .  >74,  8. 1. 

an  amount  not  exceeding  $4,000,000  was  authorized,  the  pro-  Authority  to 
ceeds  to  be  applied  to  the  prosecution  of  the  work  of  intro- 
ducing the  waters  of  the  Gunpowder  river  into  the  city  of  Bal- 
timore, as  provided  for  by  an  ordinance  approved  Oct.  25,  '72, 
No.  115,  and  any  supplement  or  amendment  made  thereto.* 
Said  stock,  redeemable  at  the  pleasure  of  the  Mayor  and  City 
Council,  after  July  1,  1894,  interest  at  the  rate  of  six  per 
centum  per  annum,  payable  semi-annually,  on  the  first  day  of 
May  and  the  first  day  of  November,  and  on  condition  that  the 
city  of  Baltimore  shall  pay  all  State  tax  for  which  the  holders 
of  said  bonds  may  thereon  be  legally  liable.f 

authorizing  the  issue  of  what  was  known  as  Baltimore  Water  Stock  of  1875, 
paying  six  per  cent,  interest,  are  as  follows: 

The  Act  of  1853,  c.  376,  s.  3,  authorized  the  issue  of  $3,000,000 ;  Act  of  1858, 
0. 38,  authorized  the  issue  of  $1,000,000 ;  the  Act  of  1861,  c.  20,  authorized  the 
issue  of  $500,000 ;  the  Act  of  1866,  c.  38,  increased  tlie  amount  of  the  issue 
to  $4,500,000,  and  by  the  Act  of  1870,  c.  24,  the  amount  of  issue  was  limited 
to  $5,000,000.  There  were  also  several  issues  (before  the  Constitution  of 
1867,)  by  virtue  of  sec.  866,  of  Art.  4,  P.  L.  L.,  being  sec.  1,  p.  903,  ante. 

The  ordinances  under  which  this  stock  was  issued,  (redeemed  in  1877  by 
virtue  of  the  Act  of  1876,  c.  237,  and  Ordinance  No.  65,  June  30, 1877,)  are 
as  follows : 

No.  80,  July  29, 1854;  No.  68,  Oct.  19, 1855;  No.  20,  May  13, 1856;  No. 
32,  June  25, 1856;  No.  40,  July  17, 1856;  No.  33,  April  27,  1857;  No.  52, 
July  7, 1857 ;  No.  53,  July  17, 1857 ;  No.  65,  Oct.  21, 1857;  No.  20,  April  25, 
1860;  No.  63,  July  23,  1860;  No.  42,  May  7, 1861;  No.  63,  August  1,  1861; 
No.  59,  August  27, 1863  ;  No.  7,  Feb.  12,  1864 ;  No.  51,  June  28, 1865 ;  No.  1, 
Feb.  1, 1866;  No.  33,  April  19, 1866;  No.  83,  Oct.  3, 1866;  No.  5,  Feb.  23, 
1867 ;  No.  31,  May  4, 1867 ;  No.  37,  May  15, 1867,  and  No.  32,  April  15, 1870. 

*  See  p.  1152,  ante. 

fThis  ordinance  contains  the  usual  clauses  for  its  submission  to  the  ap- 
proval of  the  voters  and  its  authorization  by  Act  of  Assembly.  It  was  duly 
submitted  and  approved  November  3, 1874.  By  the  Act  of  1874,  c.  209,  the 
Mayor  and  City  Council  were  authorized  to  issue  bonds,  in  addition  to  any 
water  stock  heretofore  authorized,  to  an  amount  not  exceeding  the  sum  of 
four  millions  of  dollars,  as  provided  in  this  ordinance. 


1158  Watbb. 

Article  LIII. — Ordinances. 


Decisions. — How  far  city  liable  in  case  of  inquisition  and  judgment  of  con- 
demnation of  Land  wJien  no  payment  or  tender  of  the  Valuation. — The  Act  of 
1853,  chapter  376,  (see  p.  1122,  &c.  ante,)  for  supplying  the  city  with  pure 
water,  authorized,  in  order  to  the  condemnation  of  land  for  that  purpose,  a 
jury  to  be  summoned  and  sworn  "  to  inquire  into,  assess  and  ascertain  the 
sum  or  sums  of  money  to  be  paid  by  "  the  city  authorities,  for  the  property, 
"  which  they  may  deem  necessary  to  purchase  and  hold  or  use  for  the  purpose," 
whose  inquisition  shall  be  returned  to  the  clerk  of  the  Circuit  Court  of  the 
county  where  the  property  is  situate,  and  "  sTmll  be  confirmed  by  said  court  at 
its  next  session,  if  no  suificient  cause  to  the  contrary  be  shown,  and  such  in- 
quisition shall  describe  the  property  taken,  or  the  bounds  of  the  land  con- 
demned, and  the  quantity  or  duration  of  the  interest  in  the  same  valued  to 
the  city" — "  and  such  valuation  wJien  paid  or  tendered  to  the  owner  or  owners  of 
the  property  "  sImU  entitle "  the  city  "  to  the  use,  estate  and  interest  in  the 
same  thus  valued  as  fully  as  if  it  had  been  conveyed  by  the  owner  or 
owners." 

Under  this  act  an  inquisition  was  taken  and  duly  confirmed  by  the  proper 
court,  valuing  the  damages  to  George  U.  Graff,  for  the  taking  and  use  of  his 
property  at  $30,000,  but  the  city  before  payment  or  ten^r  of  this  sum,  aban- 
doned the  design  to  use  the  property,  and  refused  to  pay  the  amount  so 
awarded,  and  upon  appeal  to  the  Court  of  Appeals  from  an  order  refusing  a 
mandamus  to  compel  such  payment,  it  was  held  by  the  Court  of  Appeals, 
that: 

1st.  The  judgment  of  condemnation  decides  the  valu^  of  the  land,  from 
which  there  is  no  appeal  directly  to  the  Court  of  Appeals ;  and  consequently 
its  propriety  cannot  be  inquired  into  in  this  collateral  way. 

2d.  The  city  is  not  bound  by  the  mere  inquisition  and  judgment  of  con- 
demnation thereon,  and  could  rightfully  abandon  the  location  in  question : 
•payment  or  tender  of  the  valuation  is  necessary  to  give  the  city  title  to  the 
property. 

3d.  The  city  may  be  made  liable,  in  another  form  of  proceeding,  to 
George  U.  Graff,  for  any  loss  or  damage  he  may  have  sustained  by  reason 
of  the  conduct  of  the  city  authorities  in  the  premises.  Oraff  v.  Mayor,  <&e., 
Balto.,  10  Md.  544. 

Condemnation  of  Waters-Course  and  Use  of  Water.— "The  Act  of  1853,  c.  376, 
(p.  1122,  &c.  ante,)  authorized  the  city  of  Baltimore  to  purchase  or  acquire 
title  to  property  by  condemnation,  not  for  aU  purposes,  but  "  for  the  purpose 
of  conveying  water  into  said  city  for  the  use  of  said  city,  and  for  the  health 
and  convenience  of  the  inhabitants  thereof." 

Under  this  law  the  city  may  acquire,  by  condemnation  of  the  bed  of  a 
stream  or  water-course,  a  right  to  the  use  of  the  water  in  perpetuity,  but  the  use 
must  be  tlie  one  specified  in  tlie  act. 

Such  a  condemnation  confers  on  the  city  the  use  and  occupation  of  the 
stream  for  tlie  purposes  mentioned  in  tlie  act,  but  leaves  in  the  owner  all  such 
use  of  it  as  does  not  injuriously  interfere  therewith. 


Water.  1159 

Article  LIII. — Ordinances. 


The  owner  has  the  right  to  use  the  water  in  the  manner  it  has  been  cus- 
tomary to  use  it  at  his  mill,  built  on  the  stream  so  condemned,  so  far  as  tliat 
use  may  not  interfere-  with  tTieuse  of  the  same  by  the  city  autftorities  far  supplying 
the  city  with  pure  water.    Kane  v.  Mayor,  dkc.,  Baito.,  15  Md.  240. 

Condemnation  of  Lands  and  Assessment  of  Damages  in  case  of  Tunnel :  and 
Use  of  Surface  of  the  Land. — In  pursuance  of  the  power  conferred  upon  the 
Corporation  by  the  statutes,  the  Mayor  and  City  Council  of  Baltimore  in 
the  course  of  the  work  for  introducing  into  the  city  a  supply  of  water  from 
the  Gunpowder  river,  undertook  to  lay  a  tunnel  through  land  belonging 
to  Elijah  G.  Taylor,  in  Baltimore  county,  79  to  120  feet  below  the  surface. 

Upon  the  return  of  the  inquisition  by  the  jury,  Taylor  objected  to  its  con- 
firmation and  asked  the  Circuit  Court  for  Baltimore  County  to  determine,  as 
a  matter  of  law,  that  the  measure  of  damages  could  not  be  less  than  the 
market  value  of  the  land,  estimated  according  to  the  vaiue  at  the  turfaae. 

On  appeal  to  the  Court  of  Appeals  it  was  held  by  that  Court :  that  power 
is  conferred  by  the  law,  to  subject  such  land  as  it  may  be  necessary  to  take 
to  precisely  the  use  and  occupation  that  may  be  necessary  to  acwm^ish  the 
purpose  and  end  designed  ;  that  is,  to  introduce  water  into  the  city  limits. 

The  construction  of  the  tunnel  at  the  depth  of  seventy  feet  does  not  pre- 
vent the  occupants  of  the  land  on  the  surface  from  using  and  cultivating 
the  land,  and  as  the  city  does  not  need  and  cannot  use  the  surface,  it  should  not 
be  required  to  pay  for  it. 

The  Act  of  1876,  chapter  19,  (see  p.  1124,  ante,)  gives  the  right  of  appeal  in 
these  cases,  but  it  limits  it  expressly  to  "  matters  of  law."  Taylor  et.  aZ.  v. 
Mayor,  &c.,  Baito.,  45  Md.  576. 

Rights  of  Riparian  Proprietors  —  Case  of  the  Introduction  of  Water  from 
Chinpowder  River  into  Roland's  Run. — The  city  had  nearly  completed  the 
works  necessary  for  the  introduction  of  an  additional  supply  of  water  into 
its  corporate  limits  to  be  used  as  the  exigencies  of  the  season  might  require, 
when  an  injunction  was  granted  against  the  city,  prohibiting  it  from  bring- 
ing the  water  from  the  Gunpowder  River  through  the  pipes  laid  by  it,  into 
the  stream  called  Roland's  Run,  which  flowed  through  the  land  of  the  ap- 
plicant for  the  injunction. 

The  plan  of  the  city  was  to  bring  the  water  from  the  Gunpowder  River 
through  pipes  to  a  point  on  Roland's  Run  above  the  land  of  the  complain- 
ant, at  which  point  it  was  to  empty  into  the  stream,  and  thence  flow  with  the 
stream  to  Lake  Roland,  the  main  water  reservoir  of  the  city. 

The  water  was  to  be  forced  into  the  pipes  by  engines  capable  of  furnish- 
ing a  supply  of  ten  millions  of  gallons  in  every  twenty -four  hours.  (See  Ordi- 
nance No.  3,  Dec.  3,  1872,  p.  1153,  ante.) 

The  Mayor  and  City  Council,  of  Baltimore  appealed  from  the  order  of  the 
Circuit  Court  for  Baltimore  County  granting  the  injunction,  and  the  Court 
of  Appeals,  in  afltaning  the  order  of  the  court  below,  held  that : 


1160  Water. 

Article  LIII. — Ordinances. 


The  right  of  every  riparian  owner  to  the  enjoyment  of  a  stream  of  run- 
ning water  in  its  natural  state,  in  flow,  quantity  and  quality,  is  incident  and 
appurtenant  to  the  ownership  of  the  land  itself,  and  being  a  common  right, 
it  follows  that  every  proprietor  is  bound  so  to  use  the  common  right  as  not 
to  interfere  with  an  equally  beneficial  enjoyment  of  it  by  others. 

As  such  owner,  he  has  a  right  to  insist  that  the  stream  shall  continue  to 
run  as  it  was  accustomed  to  run ;  that  it  shall  continue  to  flow  through  his 
land  in  its  usual  quantity,  at  its  natural  plape,  and  at  its  usual  height. 

But  there  must  be  allowed  to  all  a  reasonable  use  of  that  which  is  com- 
mon ;  and  such  a  use,  although  it  may  to  some  extent  diminish  the  quantity, 
or  effect  in  a  measure  the  flow  of  the  stream,  is  consistent  with  the  common 
right. 

It  is  impossible  to  lay  down  a  precise  rule,  defining  the  limits  which 
separate  the  lawful  from  the  unlawful  use  of  a  stream,  to  cover  all  cases  ; 
and  the  question  must  be  determined  in  each  case  by  taking  into  considera- 
tion the  size  of  the  stream,  the  velocity  of  the  current,  the  nature  of  the 
banks,  the  character  of  the  soil,  and  a  variety  of  other  facts :  the  true  test 
being  whether  the  use  is  of  such  a  character  as  to  effect  materially  the 
equally  beneficial  use  of  the  stream  by  others. 

An  attempt  to  carry  into  a  stream  an  artificial  supply  of  water  to  the  ex- 
tent of  ten  millions  of  gallons  in  every  twenty-four  hours,  is  a  user  incon- 
sistent with  the  common  enjoyment  of  the  stream  by  all  other  riparian 
owners. 

And  being  an  unreasonable  and  unauthorized  use  of  the  stream,  an  action 
will  lie  by  the  party  whose  rights  are  so  invaded,  even  though  he  may  not 
have  suffered  any  actual  damage. 

The  jurisdiction  of  courts  of  equity,  in  cases  affecting  the  rights  of  ripar- 
ian proprietors,  is  well  established,  and  rests  on  the  necessity  of  granting 
relief  to  prevent  permanent  and  lasting  injury;  or  where  full  and  adequate 
relief  cannot  be  had  at  law ;  or  where  it  is  necessary  to  prevent  a  multi- 
plicity of  suits  and  vexatious  litigation. 

Appold's  bill  for  an  injunction  to  prevent  the  introduction  of  an  artificial 
supply  of  water  into  Roland's  Run,  flowing  through  his  land,  as  before 
stated,  alleged  that  he  was  credibly  informed  and  verily  believed,  that  the 
introduction  of  the  proposed  additional  quantity  of  water  would  cause  the 
stream  to  overflow  its  banks,  render  valueless  his  land,  and  cause  great, 
continual  and  irreparable  damages,  &c.  Held  by  the  Court  of  Appeals, 
that: 

1st.  The  averment  that  he  was  "  credibly  informed  and  verily  believed," 
together  with  the  statement  of  facts  on  which  his  belief  was  founded,  was 
sufficient. 

2d.  He  was  not  obliged  to  wait  till  actual  damage  was  sustained,  nor  was 
he  bound  to  obtain  the  opinion  of  scientific  persons  as  to  the  probable  con- 
sequence resulting  from  this  artificial  addition  of  water. 


Water.  1161 

Article  LIII. — Ordinances. 


3d.  It  would  not  be  enough  that  the  injunction  should  merely  enjoin  the 
introduction  of  the  proposed  additional  supply  in  such  a  way,  or  to  such  an 
extent,  as  would  cause  the  stream  to  overflow  its  banks,  or  would  interfere 
with  the  ordinary  use  of  the  stream  by  Appold.  Mayor,  &e.,  Balto.  v.  Ap- 
pold,  42  Md.  442. 

Negligence  in  Laying  Mains  and  tlvareby  Obstructing  the  Street. — In  July, 
1872,  the  city  of  Baltimore,  through  its  Water  Department,  was  engaged  in 
laying  water  mains  along  a  portion  of  the  west  side  of  Charles  street,  the 
whole  work,  including  excavating  and  re-paving,  being  done  in  five  days. 

The  plaintiff  (Holmes)  was  employed  to  haul  material  from  a  house 
on  the  west  side  of  Charles  street,  above  Saratoga  street,  and  coming  to 
the  house  on  July  4th,  for  a  load,  found  a  ridge  of  stones,  occasioned  by 
the  work  referred  to,  along  the  west  side  of  the  street  in  front  of  and  be- 
yond the  house.  At  this  time  he  made  no  attempt  to  cross  over  the  stones, 
but  stopping  his  horse  on  the  east  side  of  the  street,  carried  the  materials 
with  the  assistance  of  persons  working  in  the  house  to  the  cart. 

On  8th  July,  the  street  being  obstructed  as  before,  he  made  his  first  load  in 
the  same  manner,  but  on  his  return  for  a  second  load,  not  finding  any  one 
to  help  him  and  the  materials  being  heavy,  he  attempted  to  lead  his  horse 
over  the  stones :  while  so  doing  the  horse  stumbled  and  in  falling  struck  the 
plaintiff  (Holmes)  on  the  leg  and  broke  it.  The  horse  was  sound  and  steady, 
and  Holmes  was  leading  him  carefully. 

The  plaintiff  having  brought  suit  against  the  city  for  damages,  the  de- 
fendant offered  evidence  that  Holmes  had  been  cautioned  by  the  owner  of 
the  materials  to  be  careful  in  crossing  the  ridge,  because  he  thought  it  was 
dangerous ;  and  that  the  work  which  caused  the  obstruction  had  been  care- 
fully and  promptly  done  by  experienced  and  competent  workmen. 

At  the  trial,  the  court  submitted  the  question  of  negligence,  both  on  the 
part  of  the  plaintiff,  (Holmes,)  and  of  the  defendant,  (the  Mayor  and  City 
Council  of  Baltimore,)  to  the  jury. 

Verdict  and  judgment  being  for  Holmes,  on  appeal  by  the  city  to  the 
Court  of  Appeals,  it  was  held  by  that  court:  That  this  instruction  of  the 
court  below  was  proper;  the  act  of  Holmes  not  bdn^  contributory  negligence 
in  law. 

Negligence  is  the  want  of  such  care  as  men  of  ordinary  prudence  would 
use  under  similar  circumstances ;  and  the  question  as  to  whether  the  act  of 
a  party  amounts  in  law  to  negligence,  depends  upon  the  danger  which  might 
reasonably  be  expected  to  result  therefrom.  Mayor,  &c.,  Balto.  v.  Holmes, 
39  Md.  243. 

As  to  obligation  on  city  to  keep  the  streets  free  from  obstructions,  see  notes 
of  cases  on  pp.  711,  1037,  ante. 


APPENDIX 

OF  ORDINANCES  OP  THE  SESSION  I8//-78, 

APPROVED   8IN0E  THE   AETI0LE8   OF   THIS   CODE  TO   WHICH 
THEY    RELATE    WERE    PRINTED. 


ARTICLE  I. 

MAYOR  AND  CITY  COUNCIL. 

MAYOR'S  DETECTIVE. 

The  Mayor  of  the  City  is  hereby  authorized  and  empower-  No.  85,0ct.  i, 
ed  to  appoint  annually,  as  other  city  officers  are  appointed,  Appointment, 
one  efficient  and  discreet  person,  to  be  known  as  and  called 
the  Mayor's  Detective,  who  shall  have  all  the  power  and  au-  Powers, 
thority  exercised  by  the  detective  police  force  in  relation  to 
the  observance  of  the  city  ordinances,  and  for  that  purpose  to 
arrest  offenders,  and  whose  duty  it  shall  be  to  lodge  informa- 
tion from  time  to  time  as  to  the  observance  of  the  city  ordi- 
nances.    Before  entering  upon  the  discharge  of  his  duties  the 
aforesaid  detective  shall  give  good  and  satisfactory  security  to  Bond, 
the  Mayor  in  the  sum  of  twenty-five  hundred  dollars,  and  he 
shall  be  paid  a  salary  of  one  thousand  dollars  per  annum,  salary. 
payable  monthly. 


1164 


Appendix. 


Articles  VIII  and  XXVIII. 


ARTICLE  VIII. 


CAERIAGES. 


No.  94,  Oct.  8,        It  shall  not  be  lawful  for  any  unauthorized  person  or  per- 
unauthorized    sons  to  ride  On  Street  cars,  stages,  omnibuses,  hacks,  or  any 

persons  not  '<>      , .  ,  „ 

ride  on  vehicles  hcenscd    Conveyance   for  passengers  or  merchandise,  on  any 


Penalty. 


NeTfsboys  ex- 
cepted. 


street,  lane  or  alley  opened  for  public  use  within  the  limits  of 
the  city  of  Baltimore,  under  a  penalty  of  one  dollar  for  each 
offence,  to  be  enforced  under  the  ordinances  and  regulations  of 
the  Mayor  and  City  Council  of  Baltimore,  and  to  be  recovered 
as  other  fines  and  penalties  are  recoverable ;  provided,  however, 
that  the  provisons  of  this  section  shall  not  apply  to  newsboys 
pursuing  their  avocation. 


ARTICLE  XXVIII. 


INSPECTIONS. 


GAS  METERS. 


See  p.  517,  ante. 


No.  100,  Oct.  23,      The  title  of  the  Inspector  and   Sealer  of    Gas   Meters  is 
General  Super-  hereby  changed,  and  the  official  title  of  the  person  who  per- 

intendent  of        „  ,  ,       .  .   /-i         -nr 

Lamps  and  In-  forms  tlic  dutics  of  luspector  and  Sealer  of  Gas  Meters,  with 

spector  and  -^  ' 

Meters?^  ^*^  the  additional  duties  herein  prescribed,  shall  be  General 
Superintendent  of  Lamps  and  Inspector  and  Sealer  of  Gas 
Meters. 

Ibid,  s.  2.  There  shall  be  appointed  in  the  month  of  February,  and 

Appointment,  annually  thereafter,  as  other  city  officers  are  appointed,  a  Gen- 
eral Superintendent  of  Lamps  and  Inspector  and   Sealer  of 


Appendix.  1165 

Article  XXVIII. 


Ga8  Meters ;  he  shall  execute  a  bond  to  the  Mayor  and  City  Bond. 
Council  of  Baltimore  in  the  penal  sum  of  five  thousand  dol- 
lars for  the  faithful  discharge  of  the  duties  of  his  office ;  he 
shall  perform  all  such  duties  as  are  defined  by  Article  XXVIII,  Duties, 
of  the  Baltimore  City  Code,  sub-title  Ordinances,  sections  2  to 
11  inclusive,  and  in  addition  thereto,  shall  also  discharge  such 
duties  as  are  devolved  upon  him  by  this  ordinance. 

The  said  General  Superintendent  of  Lamps  and  Inspect- ibia,  s.  a. 
or  and  Sealer  of  Gas  Meters  shall,  with  the  approbation  of  the  Powers  and 

.  duties. 

Mayor  of  the  City,  make  all  contracts  for  furnishing  lamps  and 
lamp  pillars,  and  for  erecting  and  repairing  the  same ;  he 
shall  regulate  the  lighting  and  cleaning  of  the  city  lamps,  and 
see  that  they  are  kept  in  proper  repair ;  he  shall  have  super- 
vision of  the  Superintendents  of  Lamps,  and  shall  require 
them  to  report  to  him  at  such  times  as  he  may  designate,  the 
condition  of  the  lamps  and  the  transactions  of  the  lamplight- 
ers ;  he  shall  erect  new  lamp  pillars  and  lamps  for  lighting  the 
streets,  lanes  and  alleys  of  the  city,  and  remove  any  lamp  pil- 
lar and  lamp  as  may  from  time  to  time  be  ordered  by  the 
Mayor  and  City  Council  of  Baltimore. 

The  said  General  Superintendent  of  Lamps  and   Inspect- ibid.s.  4. 
or  and  Sealer  of  Gas  Meters  shall  order  the  gaslight  company  Additional 

powers  and 

or  companies  to  lay  mains  as  directed  by  the  Mayor  and  City  du^es. 
Council  of  Baltimore,  and  keep  a  correct  account  of  the 
length  and  size  of  the  same ;  he  shall  require,  and  it  shall  be 
the  duty  of  the  said  gaslight  company  or  companies,  to  fur- 
nish him  monthly  a  correct  account  of  the  number  of  feet  of 
gas  mains  laid  by  order  of  the  Mayor  and  City  Council,  with 
the  cost  price  of  the  same ;  and  said  General  Superintendent 
of  Lamps  and  Inspector  and  Sealer  of  Gas  Meters  shall  re- 
port annually  to  the  City  Council  the  number  of  feet  of  gas 
mains  laid  by  said  company  or  companies,  by  order  of  the 
Mayor  and  City  Council ;  or  if  said  company  or  companies 
shall  have  neglected  or  refused  to  lay  the  gas  mains  ordered  by 


1166  Appendix. 

Article  XX. 

the  Mayor  and  City  Council,  the  said  General  Superintendent 
of  Lamps  and  Inspector  and  Sealer  of  Gas  Meters  shall  report 
such  neglect  or  omission  to  the  City  Council ;  he  shall  take 
monthly  statements  of  the  meters  in  all  public  buildings  oc- 
cupied by  the  city,  and  of  the  market-house  meters,  and  shall 
also  take  monthly  statements  of  the  street  lamps,  and  ascer- 
tain the  correct  average,  and  no  bill  for  g&s  furnished  to  the 
city  shall  be  paid  by  any  department  of  the  city  unless  the 
same  shall  have  been  certified  to  as  correct  by  said  General 
Superintendent  of  Lamps  and  Inspector  and  Sealer  of  Gas 
Meters;  and  he  shall  have  general  supervision  of  the  meters 
and  gas  apparatus  in  the  different  departments  of  the  city. 

iMd,  8. 6.  The  said  General  Superintendent  of  Lamps  and  Inspect 

Gasoline  lamps.  Or  and  Sealer  of  Gas  Meters  shall  have  power  to  change  gaso- 
line lamps  to  gas  lamps  when  in  his  judgment  the  same  may 
be  deemed  necessary.. 

Ibid,  s.  6.  The    General    Superintendent    of  Lamps    and    Inspector 

Salary.  and   Sealer  of  Gas   Meters   shall   receive  an  annual  salary  of 

two  thousand  dollars,  which  shall  be  in  full  of  all  compensa- 
tion paid  him  for  services  rendered  the  Mayor  and  City  Coun- 
Fees.  cil  of  Baltimore,  and  all  fees  collected  by  the  General  Super- 

intendent of  Lamps  and  Inspector  and  Sealer  of  Gas  Meters 
shall  be  paid  into  the  city  treasury. 


ABIICLE  XX. 

FIRE. 

FIRE  DEPARTMENT. 
See  p.  285,  ante. 

No.  87,  Oct.  4,        There    shall   be   appointed  by  the    Mayor,  subject  to  the 

Additional       approval  of  the  City  Council,  in  convention  assembled,  in  the 

'  month  of  October,  1878,  one  discreet  person,  who  shall   be  a 


Appendix.        .  1167 

Articles  XXIII  and  XXX. 


citizen  of  Baltimore,  to  serve  as  an  additional  member  of  the 
Board  of  Fire  Commissioners  of  Baltimore  until  the  month  of 
March,  1880,  and  in  the  month  of  February,  1880,  and  every 
second  year  thereafter  in  the  month  of  February,  there  shall  Three  members, 

lerm. 

be  appointed  in  the  same  manner  three  persons,  who  shall 
serve  for  the  term  of  four  years. 


ARTICLE  XXIII. 

HEALTH. 

MARINE  HOSPITAL. 
This  ordinance  repeals  and  re-enacts  sec.  113,  p.  435,  ante,  as  follows: 

113.    Said  Marine  Hospital  Physician,  through  the  Board  of  no.  loi.oct.aa, 
Health,  and  with  the  approbation  of  the  Mayor,  may  obtain  supplies  for 

1..,  /.iTT'iji'       support  of  Hos- 

the  necessary  supplies  tor  the  support  of  the  Hospital,  and  for  pitai,  how  fur- 

carrying  out  the  provisions  of  this  ordinance,  and  all  bills  for 

these  purposes  must  be  contracted   by  the  Board  of  Health . 

and  said   physician  may,  with  the  approbation  of  the  Mayor, 

draw  on  the  Comptroller  for  such  sums  as  may  be  required  for 

the  purposes  aforesaid  ;  provided  the  same  shall  not  exceed  the 

sum  appropriated  for  the  current  year  by  the  Mayor  and  City  Appropriation. 

Council  for  the  support  of  the  Marine  Hospital  Department. 


ARTICLE  XXX. 

JONES'  FALLS. 

IMPROVEMENT. 

Ordinance  No.  86,  October  4, 1878,  repeals  sec.  8,  of  ordinance  No.  131, 
November  9, 1874,  being  sec.  8  on  page  553,  ante. 


1168  .  Appendix. 

Article  XL. 

Ordinance  No.  99,  October  11, 1878,  repeals  sec.  2,  of  ordinance  No.  131, 
November  9, 1874,  and  also  ordinance  No.  4,  November  21, 1874,  being  sec. 
2,  on  page  549,  ante,  and  all  ordinances  inconsistent  herewith,  and  re-enacts 
the  same  as  follows : 

No,  89,  Oct.  11,       2.     The  Mayor  and  City  Commissioner  are   authorized  to 
Exc»Tation,      take  charge  of  the  improvement  of  Jones'  Falls,  and  to  have 

Ac,  of  Jones'  i      -i  j  • 

FaUa.  the  same  excavated  to  its  normal  depth  or  original  bed  ;  to  di- 

vest the  stream  of  its  abrupt  curvatures  near  Centre  street 
bridge,  and  between  Hillen  street  and  Low  street,  and  near 
and  above  the  outlet  of  the  Falls  into  the  basin,  at  their  dis- 
cretion ;  to  raise  the  walls  of  the  stream  to  such  a  height  as 
they  in  their  judgment  may  deem  essential,  to  construct  the 
bridges  that  span  the  stream  from  Charles  street  to  the  basin, 
all  in  such  a  manner  as  to  offer  no  impediment  to  the  passage 
of  the  entire  body  of  water  that  may  be  contained  within  the 
walls  of  the  stream ;  the  said  improvement  to  be  commenced 
prior  to  the  re-grading  and  re-paving  of  the  streets,  &c.;  and 
Authority  of  the  Mayor  and  City  Commissioner  are  authorized  and  directed 
Commissioner,  to  cmploy  a  Sufficient  force  by  the  day  to  complete  the  work, 
and  no  work  shall  be  given  out  by  contract  except  the  con- 
struction of  the  bridges,  which  shall  be  done  in  such  a  manner 
as  the  Mayor  and  City  Commissioner  shall  deem  best  for  the 
interest  of  the  city. 


ARTICLE  XL. 

KAILROADS. 
CITIZENS'  RAILWAY. 


See  p.  143,  ante. 


No.  88,  Oct. 4-        The  Citizens'  Railway  Company,  in  order  to  enable  it  to  run 
Tracks.  a  line  of  cars  giving  a  direct  communication  between  the  north- 

west and  eastern  sections  of  the  city,  is  hereby  authorized  and 
empowered  to  construct  a  double  or  single  track  of  their  rail- 


Appendix.  1169 

Article  XL. 

way,  commencing  at  and  connecting  with  their  track  at  Gil- 
mor  street  with  the  corner  of  Mosher  street,  and  to  run  along 
Gilmor  street  to  Fayette  street,  thence  along  Fayette  street, 
connecting  with  their  track  at  that  point  with  Carrollton  av- 
enue, connecting  again  with  their  track  at  the  corner  of  Frank- 
lin and  Carey  streets,  and  thence  along  Franklin  street  to  Cal- 
houn street,  thence  along  Calhoun  street  to  Harlem  avenue, 
and  thence  along  Harlem  avenue  to  Strieker  street,  thence 
along  Strieker  street,  and  connecting  again  with  their  track 
at  the  corner  of  Strieker  and  Townsend  streets. 

The  said  company  shall  have  the  right  to  run  over  their  iwd,  s.  2. 
line  cars  carrying  either  sixteen  or  twenty-two  passengers,  as  cars, 
the  exigencies  of  their  business  may  require ;  provided,  how- 
ever, that  if  said  company  shall  elect  to  run  their  smaller  class  of 
cars,  they  shall  be  run  subject  to  the  same  restrictions,  exemp- 
tions, privileges  and  liabilities  as  the  cars  of  the  Baltimore, 
Peabody  Heights  and  Waverly  qars  are  now  run. 

The  tracks  authorized  to  be  laid  by  this  ordinance  shall  be  iwd,  s.  3. 
commenced  within  thirty  days  from  the  date  of  its  passage,  and  Time  limited, 
shall  be  finished  and  completed  within  four  months  from  the  com- 
mencement thereof,  otherwise  the  privileges  hereby  granted 
shall  be  revoked  and  cease. 

PEOPLE'S  PASSENGER  RAILWAY. 

This  ordinance  repeals  and  re-enacts  sec.  108,  p.  765,  ante,  as  follows : 

108.  Wm.  Frederick,  Jacob  Tome,  Michael  P.  O  Hern  and  nj-  'os,  oct.  23, 
George  W.  *P.  Coates,  of  the  city  of  Baltimore,  in  the  state  of  Tracks. 
Maryland,  or  a  majority  of  them,  and  those  who  now  or  may 
hereafter  become  associated  with  them,  and  their  successors 
and  assigns,  are  hereby  authorized  and  empowered  to  lay  down 
and  construct  iron  railway  tracks,  as  hereinafter  specified,  and 
of  the  gauge  of  other  passenger  railways  now  in  use  in  the  city 
of  Baltimore,  and  to  run  thereon  passenger  cars,  to  be  drawn 


1170  Appendix. 

Article  XL, 

by  horses,  through,  along,  and  on  the  following  named  avenues 
and  streets,  that  is  to  say  :  commencing  on  Druid  Hill  avenue 
at  the  southeasternmost  line  of  North  avenue,  and  with  a 
double  track  on  Druid  Hill  avenue  to  Paca  street ;  thence  by 
a  double  track  on  Paca  street  to  a  point  sixty  feet  south  of  the 
south  side  of  Saratoga  street ;  thence  by  a  single  track  to  a 
point  sixty  feet  south  of  the  south  side  of  Fayette  street; 
thence  with  a  double  track  on  Paca  street  to  south  Paca  street, 
on  south  Paca  street  to  Warner  street,  on  Warner  street  to 
Henrietta  street,  on  Henrietta  street  to  Charles  street,  on 
Charles  street  to  Randall  street,  on  Randall  street  to  Johnson 
street,  on  Johnson  street  to  Fort  street,  on  Fort  street  to  Fort 
avenue,  oa  Fort  avenue  across  Webster  street,  connecting  with 
the  tracks  on  Fort  avenue ;  thence  on  Fort  avenue  to  Benja- 
min street ;  also  on  Hull  street  to  Nicholson  street ;  thence  to 
the  southwest  branch  of  the  Patapsco  river,  with  a  lateral 
branch  beginning  at  the  intersection  of  Randall  and  Charles 
streets,  on  Charles  street  to  the  water's  edge. 

Not  to  release  Provided  that  this  ordinance  shall  not  operate  to  release 
said  People's  Passenger  Railway  Company  from  any  of  the 
obligations  or  requirements  of  ordinance  No.  74,  approved 
June  28th,  1878,  entitled  An  ordinance  to  authorize  the  con- 
struction of  city  passenger  railway  tracks  on  Druid  Hill  av- 
enue, Paca,  South  Paca,  Warner,  Henrietta,  Charles,  and 
other  streets  in  the  city  of  Baltimore,  known  as  the  People's 
Passenger  Railway  Company,  [see  p.  765,  &c.,  ante,'}  to  which 
this  ordinance  is  a  suppplement,  from  any  contract  heretofore 
entered  into  with  the  Mayor  and  City  Council  of  Baltimore 
by  said  People's  Passenger  Railway  Company,  further  than  is 
herein  provided;  and  provided  further,  that  before  availing 
themselves  of  any  of  the  privileges  given  by  this  ordinance,  or 
commencing  any  of  the  work  by  this  ordinance  authorized  to 
be  done,  said  People's  Passenger  Railway  Company  shall 
either  execute  a  new  bond  to  the  Mayor  and  City  Council  of 


Appendix.  1171 

Article  XL  VI. 


Baltimore,  for  the  like  sum  and  similar  conditions,  as  required  Bond, 
by  said  original  ordinance,  and  with  sureties,  to  be  approved 
by  the  Mayor,  or  shall  furnish  to  the  Mayor  the  written  evi- 
dence of  assent  of  the  sureties  in  their  former  bond  to  the 
change  of  route  authorized  by  this  ordinance. 


ARTICLE  XL VI. 

STOCKS. 

PATTERSON  PARK  EXTENSION  STOCK. 

The  following  ordinance  cancels  the  stock  authorized  by  ordinance  on  p. 
684,  &c.,  ante,  and  also  the  stock  authorized  by  ordinance  on  p.  912,  &c.,  ante : 

The  Commissioners  of  Finance  are  hereby  authorized  no.  9 1,  oct.  4, 
and  directed,  in  the  presence  of  the  Mayor  and  of  the  Joint  what  bonds, 
Standing  Committee  on  Ways  and  Means  of  the  City  Council,  ceVied. 
to  cancel  and  destroy  all  the  bonds  or  certificates  of  the  loan 
of  the  city  of  Baltimore,  known  as  the  Patterson  Park  exten- 
sion loan,  issued  under  and  by  virtue  of  the  ordinance  No. 
116,  of  1871,  approved  June  23d,  1871,  entitled  An  ordinance 
for  the  extension  of  Patterson  Park,  and  which  said  bonds  or 
certificates  are  held  by  said  Commissioners  of  Finance  as  part 
of  the  general  sinking  fund  in  their  hands,  said  Patterson 
Park  extension  loan  being  part  of  the  public  debt  of  said  city, 
for  the  redemption  and  extinction  of  which  said  general  sink- 
ing fund  is  provided  ;  and  also  in  like  manner  to  cancel  and 
destroy  all  bonds  or  certificates  of  the  loan  of  the  city  of  Bal- 
timore, known  as  the  Funding  Loan,  1894,  and  which  said 
bonds  or  certificates  were  issued  under  and  by  virtue  of  the 
ordinance  of  the  -Mayor  and  City  Council  of  Baltimore,  No. 
6,  of  1874,  approved  February  12,  1874,  entitled  "An  ordi- 
nance to  provide  for  funding  the  floating  debt  of  the  city,  as 
authorized  or  existing  on  the  Slst  day  of  October,  1873,"  and 


1172 


Appendix. 


Article  XL VI. 


which  bonds  or  certificates  may  be  held  by  said  Commissioners 
of  Finance,  as  part  of  any  sinking  fund  held  by  them  for  the 
redemption  of  the  public  debt  of  the  city  ;  and  said  Commis- 
sioners of  Finance  are  hereby  further  authorized  and  directed, 
in^case  any  of  said  bonds  or  certificates  of  said  Funding 
Loan,  1894,  are  held  by  them  as  part  of  any  sinking  fund 
other  than  the  general  sinking  fund,  to  exchange  and  substi- 
tute for  said  bonds  or  certificates  so  held  by  them  as  part 
of  any  sinking  fund  other  than  the  general  sinking  fund 
aforesaid,  any  other  of  the  securities  of  the  city  of  Baltimore, 
now  held  by  them  as  part  of  the  general  sinking  fund,  so  that 
no  sinking  fund  other  than  the  general  sinking  fund  or  funds 
specially  provided  for  the  redemption  of  said  Patterson  Park 
extension  loan,  and  said  funding  loan,  redeemable  after  1894, 
shall  be  diminished  by  the  operation  of  this  ordinance,  and  by  the 
cancellation  of  said  certificates  and  the  extinguishment  of  said 
loans  as  are  herein  direeted. 

Ibid,  8,2.  The  Commissioners   of    Finance  shall,    as    soon  as   conve- 

Report.  nient  after  complying  with  the  requirements  of  this  ordinance, 

make  a  written  report  of  their  proceedings  thereunder  to  the 

Mayor  and  City  Council. 


No.  93,  Oct.  1 
'78. 

Issue  of 
$1,000,000. 


Proceeds  of 
sale. 


FUNDING  FLOATING  DEBT. 
This  ordinance  is  authorized  by  the  Act  of  1878,  c.  328  on  p.  914,  ante : 

The  Commissioners  of  Finance  are  authorized  and  di- 
rected, from  time  to  time,  to  issue  the  bonds  of  the  city  to  an 
amount  not  exceeding  one  million  of  dollars,  and  the  said 
bonds  shall  be  sold  or  disposed  of  by  the  Commissioners  of 
Finance,  with  the  approbation  of  the  Mayor,  provided  that 
said  bonds  shall  not  be  sold  or  disposed  of  at  less  than  par, 
and  the  proceeds  therefrom  applied  to  the  payment  of  the 
floating  debt  of  the  city,  as  authorized  or  existing  on  tae  31st 
day  of  December,  1877,  and  remaining  unpaid. 


Appendix.  1173 

Article  XLVH. 


The  said  bonds  shall  be  issned  in  sums  of  not  lees  than  ibia,  s.  2. 
one  hundred  dollars  each,  redeemable  at  the  pleasure  of  the  How  issued. 
Mayor  and  City  Council  of  Baltimore,  after  the  1st  day  of  when  redeem- 
July,  A.  D.  1916,  bearing  interest  at  the  rate  of  five  per  cen- interest, 
turn  per  annum,  payable  semi-annually  on    the  first   day  of 
May  and  the  first  day  of  November  in  each  and  every  year, 
and  on  condition  that  the  city  of  Baltimore  shall  pay  all  taxes  Taxes, 
imposed  by  the  State  of  Maryland  for  which  the  holders  of 
said  bonds  may  thereon  be  legally  liable. 


ARTICLE  XL VII. 

STREETS. 

REGULATIONS. 

The   several    gas  companies,  railroad  companies,    as  well  no.  loe,  Nov. 
as  other  corporations  and  individuals,  (including  all  ofiicers  Digging  up, 
and  employees  of  the  city,)  who  may  now  have,  or  who  may    *=•'*'  ^  • 
hereafter  receive  permission  to  dig  up  or  disturb  any  of  the 
streets,  lanes  or  alleys  of  the  city,  for  the  purpose  of  laying  or 
re-laying  railroad  tracks,  or  repairing  the  same,  or  constructing 
wells,  ditches,  drains,  sewers,  tunnels,  laying  pipes  of  any  kind, 
or  repairing  the  same,  shall  be,  and  they  are  hereby,  required 
to  take  the   proper  measures  to  insure  the  safety  of  passing  how  safety  of 
vehicles  and  pedestrians  from  loss  of  life  or  injury  to  person  or  hides  and  pe- 

,  ,  ■,   .      destrlans  In- 

property,  by  the  erection  of  a  fence  or  barrier  by  day,  and  in  sured. 
addition  thereto,  by  displaying  one  or  more  lanterns  at  night, 
at  the  portion  or  portions  left  open,  and  also  at  every  street 
crossing  on  the  line  of  the  work  where  the  same  may  be  left 
open,  and  upon  a  failure  so  to  do,  such  corporations,  compa- 
nies or  individuals,  (including  all  oflicers  and  employees  of  the 
city,)  shall  sufl'er  a  fine  or  penalty  of  not   less  than   twenty 


1174  Appendix. 

Article  XL VII. 


Penalty.  dollars,  nor  more  than  fifty  dollars  for  each  and  every  ofience, 

to  be  collected  as  other  fines  and  penalties  are  now  collected 
in  the  city  of  Baltimore. 

Ibid, s. 2.  Whenever  any    piles  of  bricks,    stones,  lumber  or    other 

Lamps  to  be      building  material  shall  be  left  in  any  of  the  streets,  lanes  or 

of  bricks,  lum-  alleys  of  the  city,  they  shall  during  the  night  be  designated  by 

displaying  a  lighted  lamp  or  lantern  at  such  part  of  the  same 

as  to  be  easily  observed  by  persons  passing  along  the  street ; 

and  any  person  or  persons,  or  body  corporate,  who  may  violate 

the  provisions  of  this  section,  shall  forfeit  and  pay  a  fine  of 

Penalty.  not  Icss  than  five  nor  more  than  ten  dollars  for  each  and  every 

offence,   to   be  recovered   as  other    fines   and   penalties   are 

recoverable. 


o  o 


IISTD  EX. 


ACCOUNTS—  8EC.  AET. 

of  departments. 84-87  1 

of  comptroller 2,  4  11 

of  register 22  11 

system  of  keeping,  in  departments 80-81  11 

ACROBATS— 

safety  of. 3  61 

ACTIONS  IN  LAW  COURTS— 

act  of '64,  c.  6 :  decisions,  7to^e» 1-13  14 

jurisdiction 1  14 

motions  for  new  trial 1  14 

paper  books  and  briefs 2  14 

terms 3  14 

return  days 4  14 

writ  may  be  made  returnable  to  next  return 

day 6  14 

writ  may  be  renewed 6  14 

same  proceedings  when  returned  at  return 

day  as  at  term 7  14 

judgment  by  default,  when  to  be  given :  when 

to  be  struck  out :  writ  of  inquiry 8  14 

trial  term,  when 9  14 

plaintiff,  how  and  when  entitled  to  judgment.  10  14 

piaintifiTs  affidavit,  &c 11  14 

assessment  of  damages  by  court 12  14 

writs  returnable  at  election  of  plaintiff. 18  14 

when  execution  may  issue  on  judgments 14  14 

ACTIONS— 

for  fines  and  penalties  1  19 

against  city  in  cases  of  paving  to  remove  nuis- 
ances  ; 6  23 


PAGE 

24 
158, 169 
165-166 
168-169 

1106 

198-200 
198 
198 
198 
198 
198 

194 
196 

196 

197 
198 
199 
200 
200 
200 
201 

270 
377 


ART. 

PAGE 

1 

20,62 

1 

62 

1 

62 

32 

572 

23 

398 

23 

381 

11 

160 

19 

199, 200 

14 

196-200 

1180  Index. 

ADVERTISEMENTS—  sec. 

publications,  &c.,  newspapers , 22,  51 

in  Gernoan  newspaper 50 

for  proposals  for  public  work  or  contract 51 

for  proposals  for  stationery,  &c 5 

ADULTERATION— 

ofmilk 48 

of  officinal  medicioes 19 

AFFIDAVIT— 

to  pay-rolls 4 

inactions 10,  11 

under  act  of  1864,  c.  6,  decisions,  note 

ALIEN  PASSENGERS— 

see  Immigrants 27 

ALMS-HOUSE— 

see  Bayview  Asylum 2 

ALUM— 

manufacture  of 63     23  403 

AMMONIA— 
crude,  manufacture  of. 63     23  403 

AMUSEMENTS— 

licensing,  regulating,  &c.,  theatrical,  &c 10 

penalty  for  keeping  unlicensed  billiard,  bag- 
atelle or  rondo  tables:  terms  of  license:  tax.  1 

persons  applying  for  license  to  give  bond : 

mayor  may  transfer  license 2 

what  games  at  billiards  lawful 3 

minors  not  permitted  to  play  at  billiards,  &c.  4 

nine  and  ten-pin  alleys  licensed :  cost  of  li- 
cense   5 

assent  for  same  from  property  holders 6 

not  to  be  used  after  11 J  o'clock  at  night,  &c..,  7 

minors  not  permitted  to  play 8 

shuffle  boardb  to  be  licensed  :  tax 9 

theatrical  performances  to  be  licensed :  tax 
for  theatrical  exhibitions :  for  circus :  for 
rope  dancing,  &c.:    for  live  animals:    for 

other  exhibitions 10 

penalty  for  performing  without  license 11 

payment  in  lieu  of  licentie 12 

balls 13 


33 

577 

33 

579 

33 

579 

33 

680 

33 

680 

33 

880 

33 

681 

33 

681 

83 

681 

38 

681 

33 

682 

33 

582 

83 

683 

33 

583 

Index. 


1181 


AMUSEMENTS— Cbnfinuerf.                                   bec.  art.  faob 

licenses  for  balls 14  33  gg3 

musical  parties  regulated:    concerts'  for  char- 
itable purposes I5  33  533 

penalty  for  defacing  bills  descriptive  of  per- 
formance            16  33  588 

destroying  bills  posted  for  advertisement 18-19       7  116 

mayor  authorized  to  refuse  or  revoke  license.           17  33  534 

city  solicitor  to  in  titute  proceedings 18  88  684 

prohibited i_4  51  1104-1105 

ANIMALS— 

cruelty  to 1-5,1-4  15  240-242 

removal  of IO3  23  416 

carts  for  removal  of 96  23  414 

APPEALS— 

bonds,  executed  by  mayor 3       1  16 

under  law  regulating  hackney  coaches 11-12       8  181 

approbation  of  mayor  aud  law  officers  of...    .             8  13  176 
from  justices  of  the  peace,  under  ordinances, 

&c 2,  10.  16  14  185,  18G,  189 

costs  in,  from  justices ,         103  14  281 

from  circuit  court:  decision,  no^e 14  201 

inaction  under  act  of '64,  c.  6:  decision,  notes.  14  199 

in  actions  for  fines  and  penalties 2,3,2  19  271,272,274 

to  health  commissioner 4  23  886 

frem  inspector,  &c.,  of  gas  meters 6  28  618 

in  case  of  sewers 3,9  44  863,870 

from  street  commissioners  to  city  court 1,  8,   10  47  984,  1000 

decisions  as  to,  in  matters  of  streets,  note 47  984.  1008,  1043 

to  mayor  from  city  commissioner 76  47  1022 

in  proceedings  to  dispossess  tenants 19-22  50  1098,1099 

to  water  board 53  52  1147 

APPEAL  TAX  COURT— 

appointment,  &e.,  of 15-22  1,49  1065,1067,1070 

powers  and  duties  of 1-21  49  1070,1077 

permits  from,  to  erect  building 22-27  49  1077-1078 

APPROPRIATIONS— 

not  to  be  exceeded 36       1  24 

duty  as  to,  of  comptroller  and  register 35,37  1  24 

deepening  and  improving  channel  and  harbor.  43, 1,  2  6,  22  105,  106,  333 

harbor  and  river  relief  board,  note 22  329 

for  court  house  and  record  office 3,7  14  237,238 

for  benefit  of  deaf,  dumb  and  blind 2,5,1-4  16  244,245,246 


1182 


Index. 


APPROPRIATIONS— Cbn/inMcd.  sec.  abt.  page 

annual,  for  old  defenders , 2  24  442 

hospitals 10  26  449 

hospitals  of  Washington  University  and  Uni- 
versity of  Maryland 14  25  451 

dispensaries 17  25  452 

House  of  Refuge,  House  of  Reformation,  St, 

Mary's  Industrial  School,  Boys'  Home,  &c.  12,  2  26              459,  469 

decision,  note 26  469 

dogs 28  33  687 

for  schools  not  to  be  exceeded 27  43  855 

for  cattle,  swine  and  goats 139,140  47  1041 

forfire  plugs 41  53  1148 

AQUA  FORTIS— 

manufacture  of 63  23  408 

ARBITRATION— 

court  of 1-3  3  75-80 

ARBITRATION  COMMITTEE— 

of  corn  and  flour  exchange 4-6  8  80-82 

AREAS— 

vaults,  cellars  and 96,  111  47  1028-1032 

ARKS  AND  LUMBER— 

arks,  lumber,  &c.,  not  to  drift  in  harbor 87  22  861 

duty  of  harbor  masters 88  22  .862 

penalty,  &c.,  how  recovered 89  22  862 

setting  arks,  &c.,  adrift 90  22  863 

spars,  lumber,  &c.,  afloat,  regulated 46  23  898 

ARTESIAN  WELLS— 

construction  of,  decision,  note 54  53  1147 

ASHES— 

where  not  to  be  kept :  notice 48,  59  20  299 

garbage,  &c.,  not  to  be  thrown  in  harbor 50  23  848 

removal  of 91  23  418 

coal  and  offal 92  23  418 

in  streets  prohibited 101  23  415 

ASHLAND  SQUARE— 

keeper  of 8  45  882 

monument  in,  note 46  880 

ASSAYER— 

of  silver  ware 1-14  5  86-89 


Index.  1183 

ASSESSMENl'S—  sec.  art.                page 

for  paving  in  front  of  schools 26     48                      866 

for  opening,  &c.,  sewers 4,  14     44              868,874 

see  Streets  and  City  Commissioner 47 

see  Taxes 49 

ASSESSORS— 

oftaxes 1,2,  14     49  1070,1071,1076 

ASSAULT  AND  BATTERY— 
in  streets,  public  places  of  resort  or  amuse- 
ment   1-3       4                  88-84 

ASYLUMS— 

insane,  not  to  be  erected  within  limits  of  city.  1-8     26                     446 

see  Hospitals 26 

ATTACHMENT— 
salaries,  &c.,  due  city  officers  not  attachable, 

decisions,  710^0 1                       62 

for  contempt  in  criminal  court,  decision,  note,  14                     207 

AUCTIONS— 

rates  of  duties 1-8       6                  91-98 

property  struck  off  to  highest  bidder 8       6                        98 

auctioneers 9-42       6                98-106 

what  duties  appropriated  to  deepening  har- 
bor  48-46,  1,  2  6,  22    106, 106,  883 

sale  of  leather,  iron  or  tobacco 47      6                     106 

in  streets 2       6                      106 

decisions,  note 6                     107 

by  board  of  health 24     28                      891 

prohibited  in  market  during  certain  hours....  42     36                      641 

sewers 7     44                      868 

by  city  collector 48     49                    1085 

time  and  place  for  sale  of  horses,  &c.,  in  cen- 
tre market 81     35                      666 

AUDITOR— 

office  of  city,  abolished,  no/« 49                   1061 

AWNINGS— 

permit  to  erect 26      7                     117 

regulated 85      7                     121 

flaps  and  lettered  flaps  on  awnings,  permits 

for 34      7                     121 

gutters  and  spouting  to 82      7                     121 


1184  Indbx. 

BAGATELLE—         '  sec.  art.  page 

license  for  tables 1-2     33  576-580 

BAILIFFS— 
tax  department 13-14,59     49  1075,  1090 

BALES— 

not  to  be  thrown  from  windows 128    47  1039 

BALL— 
playing  prohibited 3,  129  42,47        841,1039 

BALLS— 

licenses  for 18-14     33  683 

BALL  ALLEYS— 
not  to  be  open  on   Sunday 8     42  840 

BALTIMORE  COUNTY— 

when  formed,  note 1  10 

separation  of  from  city,  no/« 1  10 

almshouse,  note 1  73,74 

division  stock 31     46  917 

BALT.  CALVERTON  &  POWHATAN  R.  R.— 

incorporation,  &c.,  note 40  881 

BALT.  CATONSVILLE  &  ELLICOTT'S  MILLS 
MILLS  PASSENGER  RA.ILWAY— 

incorporation,  &c.,note 40  831 

decision  asto,note 40  832 

BALT.  CHESAPEAKE  &  DELAWARE  BAY 
RAILROAD— 
subscription  to,  authorized  by  act 46  979 

BALT.  &  DELTA  R.  R.— 

incorporation,  &c.,  noie 40  832 

BALT.  &  HALL'S  SPRINGS  RAILWAY— 

traeks,  &c 119-130  40  774-777 

act  of  incorporation,  note 40  774 

park  tax 129  40  777 

BALT.  HAMPDEN  &  LAKE  ROLAND  R.  R.— 
incorporation,  &c.,nate 40  832 

BALT.  HIGHLANDTOWN  &  RIVERVIEW 
RAILROAD— 
incorporation,  &c.,  note 40  882 


Index.  1185 

BALT.  &  HERRING  RUN  R.  R.—                  sec.  art.  page 

tracks,  &c 181-187     40  777-780 

BALTIMORE  AND  OHIO  RAILROAD— 

tracks  into   city 1J2-190     40  781-800 

decisions  as  to,  notes 40,  46 

800-801,  923,  924 
surplus  water  from  fountain  in  union  square 

soldto,no<c 45  901 

loans,  &c.,  by  city  to 38  46  922-930 

cattle  pens  of 137     47  1040 

BALT.  PEABODY  HEIGHTS  &  WAVERLY 
RAILROAD— 

tracks,  &c 78-91  40  755-762 

act  of  incorporation,  no^e 40  760 

BALT.  &  PIKESVILLE  R.  R.— 

inborporation,  &c,,  note 40  832 

BALT.  &  POTOMAC  R.  R.— 

tracks,  &c 191-203  40  801-808 

decisions  as  to,  no^e •  40  807 

BALTIMORE  &  RANDALLSTOWN  R.  R.— 

tracks,  &c 138-141  40  780-781 

decision  as  to,  no<« 40  780 

BALTIMORE  &  YORKTOWN  TURNPIKE 
ROAD— 

tracks 92-102  40  762-766 

fare  of  railway,  decision,  note 94  40  763 

tolls  of,  in  city  limits,  decision,  no<e 40  766 

acts  of  incorporation,  no^e 40  762,766 

BANDY— 

penalty  for  playing 3,  129  42,47  841,1039 

BANKS— 

property,  money,  &c.,  deposited  in,  by  cor- 
oner         4,3  12  171,172 

deposits,  &c.,  by  register  in 22  11  166 

when  register  to  obtainadvances  from 23  11  166 

moneys  deposited  in 13  46  907 

in  what,  collector  of  state  taxes  to  deposit 25  49  1068 

deposits  in,  by  city  collector 85  49  1081 


1186 


Index. 


BAR  ROOMS—  SEC.  art. 

on  election  days 16  17 

when  police  to  close 14  38 

decisions  as  to,  no^e 38 

retail  liquor  shops 2  38 

BARBER  SALOONS— 

not  to  be  open  on  sunday 3  42 

BARRELS— 

in  streets  regulated 115  47 

not  to  be  placed  so  as  to   obstruct  use  of 

hydrants  or  pumps 65  53 

BASIN— 

cleansing  authorized  by  act , 22 

BATHING— 

construction  of  bath  houses 6  7 

in  certain  limits  regulated 96  22 

on  sabbath 96  22 

BAYVTEW  ASYLUM— 
appointment  of  trustees  of  the  poor:  ordi- 

nance-i   to  be  passed:   effect  of  same 1  2 

title  to  property  :  powers  and  privileges 2  2 

oath  of  trustees  :  when  qualified 3  2 

what  sections  in  force 4  2 

book  of  minutes 6  2 

appointment  of  officers,  clerks,  &c     6  2 

their  duties:   compensation 7  2 

mode  of  admitting  inmates 8  2 

support  and  employment  of  inmates 9  2 

machinery  and  implements 10  2 

by-laws 11  2 

purveyor  of  provisions 12  2 

his  bond 13  2 

salary 14  2 

overseer 15  2 

his  bond 16  2 

list  of  inmates:  accounts  of  expenditures  and 

receipts 17  2 

inmates  to  work 18  2 

accounts  with  inmates:  inmates  to  be  retain- 
ed till  accounts  balanced :  leaving  without 

permission:  certificate,  evidence 19  2 

dismissal  of  inmates 20  2 


PAGE 

266 

702 

712-713 

709 

840 

1033 
1160 

331-333 

110 
866 


66 
67 
67 
68 
68 
68 
68 
68 
68 
69 
69 
69 
69 
69 
69 
69 

60 
70 


70 
71 


Index. 


1187 


BAYVIEW  ASYLUM— Ctintinued.  sec.  art.  page 

admission 21       2  71 

times  of  meeting  of  trustees 22       2  71 

punishment  of  paupers 23       2  71 

per  diem  of  trustees 24       2  71 

selling  liquor,  &c 25       2  72 

badges  to  be  worn  by  inmates:  refusing  to 

wear 26       2  72 

penalties  and  forfeitures:  how  recoverable 27       2  72 

what  officers  to  assist  trustees 28       2  72 

suits:   costs 29       2  72 

ward  managers  of  the  poor 30      2  72 

term  of  office 81       2  73 

powers  and  duties  of  managers 32      2  73 

persons  sent  to  almshouse  by  ward  managers  33       2  73 

how  payments  made  to  trustees  of  poor 2  73 

property,  no<e 2  78-74 

building  of,  &c.,  no^e 2  74 

stock 29    46  914 

see  Vagrants 62 

BAY  WINDOWS— 

permits  to  erect 26,28,80     7  117,119 

BEAR  BAITING— 

prohibited 6     15  241 

BELAIR  MARKET— 

limits,  &c.,  of 59     35  648 

bond  of  clerk 60     85  649 

rent  of  stalls  and  benches 61     85  649 

extensioD,  &c.,  notes 86              648-649 

BEQUESTS— 

McDonogh  and  note 9     84              695-618 

to  schools 24     43  854 

BILLIARDS— 

license  for  tables 1-3, 1-4     33 

675, 576, 679-580 

decision,  no^ 83  676 

BILLS— 

of  performances,  defacing 16     33  683 

destroying,  posted  for  advertisement 18       7  115 

consent  of  owners  of  property,  bills  to  be 

dated 19      7  115 


1188 


Index. 


BIRDS— 

insectivorous,  protected, 
boxes  for 


SEC.  ART. 

PAGE 

123  47 

1085 

123  47 

1035 

BIRTHS— 

and  deaths,  registration  of 1-10 

BLEACHING  ESTABLISHMENTS— 

over  lakes,  dams,  &c 


41 


BLEACHING  SALTS— 
manufacture  of,....  


BLIND— 

education,  &c.,  of. 


15     53 


63     23 


3-6     K 


BLOOD— 

not  to  be  thrown  into  streets, 
burning 


BOARD  OP  TRADE— 
court  of  arbitration  of.. 


32 
63 


1-3 


33 

23 


BOARDS— 

sliding  regulated...., 128     47 

BOATS  AND  SCOWS— 

licenses  for 1,  30,  32-33       8 


at  wharves. 


67     22 


BOILERS— 

permits  for  steam 26,  30 

inspection  of  steam 58-75 

BONDS— 

appeal  and  injunction 3 

what  city  officers  to  give 44 

when  not 45-46 

from  contractors 54 

of  purveyor  at  Bayview 18 

of  overseer  at  Bayview 16 

of  assayer  of  silver  plate 3 

of  auctioneers 10-14,  17-20,24,  87 


7 
28 


in  name  of  State,  decisions,  »o<e 

of  superintendents  of  chimney  sweepers. 

of  superintendent  of  city  hall 

of  comptroller 

of  clerks  to  comptroller 


1 
1 
1 
1 
2 
2 
5 
6 

93-95, 

6 

2   9 

1  10 

1  11 

15  11 


834-837 

1127 

,408 

245 

894 
403 

75-80 

1039 


127,  140,  141 
855 


117,119 
496-502 


16 
60 
61 
63 
69 
69 
86 

96-97,  97,  103 
94 
148 
155 
158 
168 


Indbx.  1189 


BONDS— Continued.  pec. 

of  register ; 17 

of  deputy  register 18 

of  coroner 1 

solicitor's  duty  as  to 4 

of  clerks  of  courts 13 

of  sheriff 18 

of  State's  attorney 24 

of  register  of  wills 48-50 

of  clerks  of  law  courts 61-55 

of  clerk  of  criminal  court 57-58 

of  clerk  of  circuit  court 59 

of  superintendent  of  court-house  and  record 

oflBce 5 

of  watchman  of  court-house  and  record  office,  5 

of  wharfingers 28 

of  vaccine  agent  to  State 28 

of  persons  permitted  to  clean  privies  in  day 

time 78 

of  superintendent  of  fire  alarm  telegraph 86 

of  telegraph  operators 37 

of  linemen 38 

of  nightmen 76 

of  marine  hospital  physician 132 

of  street  superintendents 115 

of    masters,  &c.,  of  vessels  bringing    emi- 
grants   2-6 

of  inspectors  of  hay  and  straw 13,  31 

of  weighmaster  of  live  stock 36 

of  inspectors  of  steam  boilers 58 

of  weighers  of  grain 78,  79 

of  general  superintendent  of  lamps  and  in- 
spector of  gas  meters 2 

of  inspector  of  illuminating  gas 12 

of  keepers  of  standards  of  weights  and  mea- 

measures 21 

of  warden  of  jail 16 

of  pawnbrokers 31,  35 

from  persons  obtaining  license  for  billiards, 

rondo  or  bagatelle  tables 2 

of  clerks  of  markets 4 

of  city  librarian 3 

of  police  commissioners 2 

of  clerk  of  police  commissioners 4 

of  clerk  to  marshal  of  police 7 


ABT. 

PAGE 

11 

163 

11 

164 

12 

171 

13 

175 

14 

188 

14 

190 

14 

192 

14 

208-209 

14 

209-210 

14 

211 

14 

211 

14 

287 

14 

287 

22 

821 

23 

884 

28 

408 

20 

295 

20 

296 

20 

296 

28 

407 

28 

426 

28 

419 

27 

472,478 

28 

483 

:,488 

28 

490 

28 

497 

28 

608 

28 

517, 

1166 

28 

520 

28 

624 

29 

535 

33 

587 

,689 

33 

679 

35 

680 

32 

671 

38 

691 

38 

698 

38 

697 

1190 


Tjstdex. 


BONDS — Ckmtintied.  sbc.  abt.  page 

of  treasurer  to  police  commissioners 18  38  701 

from  contractors  for  sewers 25  44  876 

of  private  contractors  to  grade,  &o 44  47  1018 

of  purchaser  of  material,  &c.,  sold  by  com- 
missioners to  open  streets 7  47  997 

of  city  commissioner  and  assistant 63  47  1019 

of  surveyor 8  48  1056 

of  collector  of  state  taxes 24  49  1068 

of  collector  appointed  by  governor 27  49  1069 

of  collector  of  city  taxes  28  49  1079 

of  water  oflScers 5  58  1181 

see  Stscks , 46 

BONES— 

purchase  of,  by  dealers 39  23  896 

boiling  and  grinding 56  23  401 

burning 63  23  408 

BOOTHS— 

on  wharves 83  22  860 

BOUNDARIES— 

of  the  city,  »o/e „  1,48  9,1052 

BOXES— 

in  streets  regulated 115  47  1083 

for  sparrows,  wrens,  &c.,  protected 123  47  1086 

BOYS'  HOME— 

purposes,  &c.,  of 27-29  52  1116 

BREAD— 

assize  of 108  28  618 

BRICKS— 

size  of 4  7  109 

buildings  of 8-10  7               111-112 

BRICK  KILNS— 

regulated 66  23  408 

BRIDGES— 

duty  of  city  commissioner 79  47  1028 

Harman's  bridge,  light  street,  &c.,  note 92  22,  47  363,  864, 998 

BRIDGES  AND  HIGHWAYS— 

purchase  of,  and  turnpike  roads 13,  16  47              990,993 

tax  for 13-14  49             1065,992 


Ikdbz. 


1191 


BROADWAY  MARKET—  sec.  abt.  pagk 

keeper  of  hall  over 62,64  35  650 

bond  of  clerk 63  85  650 

defacing  hall,  &c 65  85  650 

wagons,  &c 66  85  651 

note 35  650 

BUILDINGS— 

inspector  of 20-45  7  115-125 

spouting  and  gutters  on 32  7  120 

lightaing  rods  in  city 40  7  128 

fire  in 6  20  281 

permits  frona  inspector  of 26-31  7  217-120 

permits  to  erect,  from  Appeal  Tax  Court 2VJ-27  49  1077-1078 

of  wood 1-7  7  no-Ill 

of  brick  and  stone 8-10  7  111-112 

lamps  attached  to 11  7  112 

penalty  for  injuring  houses,  &c 12,  18  7  112 

builder's  privileges  on  streets 14  7  118 

may  enclose  front  of  houses 15  7  114 

Blate  and  other  roofs 16  7  114 

party  walls  and  partition  fences 41,  45  7  123-124 

for  livery,  hiring  or  sale  stables 38  8  148 

chimneys  in  new 11  9  151 

smoking  meat  in : 15  9  152 

fire  places  in 16  9  162' 

reports  to  mayor  of,  erected 17  9  158 

unoccupied 42  20  298 

ashes  in 48  20  299 

hay  and  cut  straw  in 49  20  299 

gunpowder  in 56-56  20  303 

when  of  frame,  to  be  raised  up 29  28  398 

of  city 28  7  116 

BULK  WINDOWS— 

fronting  on  streets 8  7  109 

BULL  BAITING— 

prohibited 1  16  240 

CALVES— 

muzzling  8  15  242 

confining  mouths  of 4  15  242 

CANDLES— 

when  lighted  not  to  be  taken  into  stables:  notice,  44,  69  20  298,  299 

manufacturing 1,  69  23  876,402 


1192  Index. 

CANTON  COMPANY—  sec.  art.  page 

incorporation  of,  no^e 44  878 

CANTON  MARKET— 

rents  and  licenses  of  stalls  in 67     36  661 

bond  of  clerk 68     35  652 

note 35  661 

CARION— 
to  be  buried 34     23  395 

CARS— 

railway  cars  not   to  stand  on  streets  unless 

chained :  mode  of  chaining :  not  to  remain 

on  streets  on  Sunday 1     40                      723 

removing  cars,  &c 2     40                      723 

where  cars  may  be  loaded  and  unloaded 3     40                       724 

cars,  &c.,  not  to  be  placed  across  flagstones,  4     40                       724 
streets  between  railroads  and  footways  not 

to  be  obstructed 5     40                      724 

railroad  cars  regulated 6     40                      725 

rate  at  which  railroad  cars  may  move 7     40                      725 

vehicles  in  passing  railways  to  take  the  right,  8     40                      725 
not  more  than  two  cars  in  connection  to  be 

moved  on  track 9     40                      725 

minors  not  to  jump  on  or  off  railroad  cars  : 

exception 10     40                      726 

right  of  way 24-26     40  730 

decision  as  to  engines  and,  no<e 40                      728 

see  Railroads 40 

CARRIAGES  AND  HORSES— 

sale  of,  at  auction  14,27,  28      6  95,98 

lien  of  livery  stable  keepers 14-16      8  132 

buildings  for  livery,  hiring  and  sale  stables..     38-40       8  142-143 

what,  a  hackney  carriage 2      8  128 

rates  of  fare  for  hacks  regulated 3,  4,  6,  7       8  128  129 

number  to  be  placed  on  carriage 5       8  129 

driver  refusing  number  :  refusing  to  give  cor- 
rect rates  :  misconveying  or  insulting  pas- 
sengers   7       8  129 

carriages  to  keep  to  the  right 1       8  132 

not  to  enter  narrow  streets  when  occupied.,..  2      8  133 

drivers  to  hold  reins  :  immoderate  gait  pro- 
hibited :  horses,  &c.,  not  to  be  turned  loose : 
drivers  to  hold,  or  be  within  reach  of  bridle : 
not  to  drive  over  footways 3       8  138-134 


5 

8 

134 

6 

8 

134 

7 

8 

134 

8 

8 

184 

9 

8 

134 

10 

8 

134 

11 

8 

135 

12 

8 

135 

13 

8 

135 

Index.  X,  1193 


CARRIAGES  AND  EOESES— Continued.  sec.  art.  page 

carriages  of  burden  not  to  go  faster  than  a 

walk • 4       8  134 

no  person  to  ride  or  drive  over  bridges  faster 
than  a  walk 

omnibuses 

racing 

express  riding  regulated 

riding  and  driving  regulated...'. 

sleighs  and  railroad  cars  to  have  bells 

-  drays  regulated 

mayor  to  regulate  cart  stands 

carriages  of  pleasure  regulated 

duty  of  drivers  occupying  stands  :  not  to  seek 

employment  on  Sunday 14       8  135 

vehicles  remaining  in  street*  over  night 
Sunday 

wagons  not  to  stand  on  streets  oo  Sunday 

passenger  railway  cars  not  to  be  obstructed  : 
fioe 

cracking  of  whips  prohibited 

wagons,  &c.,  not  to  stand  across  streets 

nor  stand  acro.ss  flagstones,  &c. 

nor  to  obstruct  approach  to  any  place,  ex- 
cept at  market  on  market  days 21       8  137 

wagons,  carts,  &c.,  not  to  remain  longer  than 
two  hours,  when  not  in  actual  use:  ex- 
ception   22       8  138 

distance  between  vehicles  in  driving;  fu- 
nerals  

riding  or  driving  across  the  line  of  funerals... 

taking  or  removing  vehicles,  &c.,  without 
permission  of  owners,  &c 

when  mayor  shall  withdraw  licenses 

comptroUor's  powers  as  to  licensing 

hacks,  &c.,  to  be  numbered  :  owner  to  take 
out  licenses 

licenses  when  to  terminate  and  be  renewed... 

register  to  provide  numbers,  &c.:  where  num- 
bers to  be  placed 

numbers  of  any  design  may  be  used 

rate  of  license 

false  entry  or  change  of  numbers 

carriages  not  to  be  used  for  hire  without  be- 
ing licensed  and  numbered 84       8  142 


15 

8 

136 

16 

8 

180 

17 

8 

186 

18 

8 

136 

19 

8 

130 

20 

8 

137 

23 

8 

138 

24 

8 

138 

25 

8 

138 

26 

8 

139 

27 

8 

139 

28 

8 

139 

29 

8 

140 

30 

8 

140 

31 

8 

140 

32 

8 

141 

33 

8 

141 

1194  Index. 

CARRIAGES  AND  KOB^SES— Continued.  sec.  abt.  page 
number  corresponding  with  license  only  to  be 

used 35      8  142 

register  to  give  uotice 36       8  142 

violating  rules  of  mayor  relating  to  carriages, 

&c 37       8  142 

standsfor 41-50       8  143-146 

unauthorized  persons  not  to  ride  in  vehicles...                    8  1164 

CARROLLTON  AVENUE  R.  R.— 

incorporation,  &c.,  nofe 40  .833 

CARTS— 

on  wharves 82-83  22  359-360 

slop 49  23  398 

night 76  23  407 

of  street  superintendents 109,  116  23  418,420 

garbage 91-92  23  413 

garbage,  to  have  sign  and  bells 93  23  414 

how  to  be  covered 96  23  414 

carrying  ofifal,  &c 97  23  415 

used  for  certain  purposes  to  be  tight 98  23  415 

hauling  cordwood:   measurement  of 101-105  28  511 

drivers  of  charcoal  wagons  and 46  28  531 

license  to  retail  charcoal  from  wagons  and...  47  28  531 

wagons,  &c.  at  markets 34,45,50  35       639,  642,  fi44 

wagons  outside  Institute  market  house 84  35  656 

at  Lexington  market 108  35  062 

passing  railroad  cars , 8  40  725 

wagons  and  drays,  breadth  of  wheels  of 3       8  128 

in  streets 41-50       8  143-146 

CASKS  AND  LIQUORS— 

gaugers  of ' 4-11  28  481-483 

CATTLE— 

driving  sheep,  swine  or,  in  streets 131-137  47  1039-1040 

swine,  goats  and,  not  to  run  at  large 138-141  47  1040-1041 

CELLARS— 

vaults,  areas  and 96-111  47  1028-1032 

CENTRE  MARKET— 

limits 69  36  652 

footways  around 69  26  653 

market  on  fish  market  space 70  35  653 

fresh  fish :  vegetables  and  fruits 71  35  653 

licenses  to  conform 72  35  658 


Index.  II95 

CENTRE  MARKET— Chntinued.  sec.  art.  page 

boxes,  fish,  &c 73    35  653 

stalls  for  tfale  of  cheese  and  salted  fish 74,  79  36  663,  654 

bond  of  clerk 75  86  '654 

assistant  clerk 76  35  664 

clerks  to  have  streets  washed 77  35  664 

rent  for  stalls  and  benches 78  86  664 

meats  and  cooked  provisions 80  35  655 

time  and  place  for  the  sale  of  horses  desig- 
nated :  where  horses  not  to  be  sold 81  35  666 

driving  across  Centre  market  space  at   Lom- 
bard and  Pratt  streets 82  35  656 

what  limits  hucksters  to  keep 83  86  665 

CERTIFICATE— 

of  stock,  form  of,  «fcc 1-4  46  905-906 

renewal  of 6-7  46  906-907 

CHANNEL— 

deepening  and  improving 48,1,2-3,6  22       105-108,333 

(jHARCOAL— 

mills  for  pulverizing 61  23  402 

measure  of:  deputies:  oath 40  28  629 

mayor  to  designate  stands '. 41  28  580 

to  be  measured 42  28  630 

retailers  of  exempt 43  28  630 

standard  for  measuring 44  28  530 

measurer  not  to  deal  in 46  28  631 

fraud  in  quantity 46  28  631 

retailing,  license 47  28  531 

CHARITABLE  MARINE  SOCIETY— 

rights  of,  protected 47,11  14,43           208,846 

CHARITABLE  PURPOSES— 

deed,  devise,  &c.,  of  property  to  city  for 2  1  9 

McDonogh  bequest,  &c 1-9  34              592-618 

concerts  for 16  38  583 

CHEMICAL— 

preparations  for  roofing,  &c.,  prohibited   in 

city 54  23  400 

CHEMICAL  LABORATORIES— 

how  erected 8  23  378 

what  preparations  allowed  in 63  23  403 


1196  Index. 

CHILDREN—  SEC.  art.  page 

houses  of  refuge  and  reformation  for 1-36  26  455-470 

of   non-residents  attending   public  schools: 

charges 22  43  854 

registration  of  births 1-10  41  834-837 

vagrant  and  mendicant  children 16-19  52  1110-1112 

CHILDREN'S  AID  SOCIETIES— 

powers  over  vagrant,  &c.:  minors 26-30     52  1114-1116 

CHIMNEYS— 

power  to  license  and  regulate,  and  sweeping,  19  147 
superintendents  of  sweepers  to  be  appointed 

andlicensed 1  9  148 

togivebond 2  9  148 

duty  of  superintendents:    persons  refusing 

to  allow,  to  be  swept 3  9  148 

neglect  of  duty  by  superintendents 4  9  149 

fees 5  9  149 

afire 6  9  150 

flues  of,   in   which   anthracite  coal  is  used, 

regulated 7  9  150 

width  of  funnels  regulated:  notice 8  9  160 

timber  resting  on,  regulated 9  9  150 

superintendents  to  enforce  regulations 10  9  151 

their  duty  in  relation  to  new  houses :  liability 

of  owners :  charge  for  scraping 11  9  151 

chimneys  annoying  neighbors  or  endangering 

property  prohibited 12  9  151 

spark  catchers 13  9  151 

pipes  through    sides  of    wooden  houses  or 

ceilings 14  9  152 

smoking  meat  prohibited 15  9  152 

superintendents  to  examine  fire-places,  &c.: 

notice  to  fire  inspector 16  9  152 

annual  report  of  superintendents  of  houses 

erected 17  9  153 

hours  for  sweeping 18  9  153 

when  fire  inspector  to  have   smoke  stacks, 

flues,  &c.,  altered 12  9  151 

CHLORIDE  OF  LIME— 

manufacture  of 63     23  403 

CHURCHES— 
penalty  for  injuring,  noie 13      7  113 


Index. 


1197 


CIRCUIT  COURT— 

jurisdiction 

habeas  corpus,  note 

terms  of 

clerk  of 1 1 

appeal  from  decision,  no<« 

jury  in,  decision,  note 

jurisdiction  of 

opinions  of  judge  of 

night  watchman  of  office  of  clerk  of. 64-65 

janitor  to 

watchman  to 

sale  and   redemption   of  property  sold    for 

taxes 10 


SEC. 

AET. 

PAGE 

8 

14 

184 

14 

184 

15 

14 

201 

13,59 

14 

186, 188,  211 

14 

201 

14 

201 

14 

202 

17 

14 

202 

64-65 

14 

218 

9 

14 

288 

9 

14 

289 

49 


CITY  OF  BALTIMORE— 

Constitution  as  to 

a  creature  of  the  Legislature,  powers  of,  note, 

incorporated  as  a  city 

corporate  powers  of 

origin  and  boundaries  of,  note 

separation  of,  from  Baltimore  county,  note... 

power  to  take  and  hold  property 2 

charitable  bequests  to 2 

leases  and  sales 2 

wards  and  precincts  in 8,  38 

mayor,  his  secretary  and  clerk .• 1,  5,  6,  4-11 


1-9 

1 
1 


city  council 2-5,  13-26,  7-27 

city  officers 27-28,  40-50 

oath 28 

claims  before  council 29-81 

iiscal  year 32-37 

legislative  and  congressional  districts 89 

city  contracts 51-54 

records 56-67 

seal 58-59 

faith  of,  pledged  that  city  stock  shall  not  be 

taxed 21 

see  Corporation 

CITY  COMMISSIONER— 

appointment  of,  and  assistants 62-67 

to  place  lightning  rods  on  city  buildings 40 

refuse  material  11-12 

duty  as  to  railroads  in  streets 19-22 


4,5 


49 


1062 

4-7 
7 
8 
8 
9 

10 
9 
9 

10 
10,25 

10-12,  16-17 

12-14, 17-22 

15,  59-62 

22 

23 

23-24 

58-59 

62-64 

64-66 

66 

1077 


47 

1019-1020 

7 

128 

7 

162 

40 

728-780 

1198  IliTDBX. 

CITY  COMMISSIONER— Cbnfo"nM«rf.                  sec.  art.  page 

sewers 1-29,  78  44,  47  864,  878,1023 

paving,  grading,  &c.,  streets 28-Gl  47  1008-1019 

repairing,  mending,  &c.,  streets  and  bridges,     62-83  47  1019-1024 
repairing    and    cleaning    private    wharves, 

docks,  &c 82  47  1024 

trenches  made  bj  gas  companies 83  47  1024 

permits  from 94-95  47  1027-1028 

vaults,  areas  and  cellars 96-111  47  1028-1032 

street  regulations 112-130  47  1032-1039 

decisions  as  to  paving,  grading,  &c.,  streets, 

noU 47  1048-1050 

notice  from,  as  to  lumber  in  streets 119  47  1034 

duty  as  to  street  trees 122  47  1035 

duty  of  city  surveyor  as  to 2,7  48  1052,1055 

see  Jones' Palls 80 

see  Streets  and 47 

CITY  COUNCIL— 
see  Council 

CITY  COURT— 

jurisdiction 2, 10,  13  14  183,  186, 188 

appeal  to,  under  law  regulating  hacks 11-12  8  131 

appeal  from  justices  under  ordinances 2,  10,  16  14  186,  186,  189 

costs  in,  on  appeals  from  justices 103-104  14  231 

decision  as  to  costs,  nofe 14  .    232 

decision  as  to  jurisdiction,  nofe 14  234 

clerk  of 11, 13,  51  14  186,  188,  209 

terms  of 3  14  193 

return  days  of 4  14  193 

officers  of 25,61,63  14  192,212,213 

janitor  to 9  14  239 

watchman  to 9  14  239 

appeal  to,  in  case  of  sewers 8,9  44  870 

appeal  to,  from  street  commissioners..  1,  10  47  984,  1000 

appeal    to,    in    proceedings    to     dispossess 

tenants 19-22  50  1098 

decision  as  to  tenants  by,  note 50  1102-1108 

CITY  HALL— 

superintendent  of 1  10  154 

city  messenger 2  10  155 

watchman 3-5  10  155 

engineers  and  firemen 6  10  156 

absence  from  duty 7  10  156 


Index. 


1199 


CITY  aALlr—Omiinued.  bec.  art. 

building,  &c.,  note 10 

stock 46 

CITY  OFFICERS— 

see  Officers  of  the  Corporation 

CITY  PASSENGER  RAILWAY— 

tracks,  &c 27-58     40 

decisions  as  to,note 40 

right  of  way  on  tracks 24-26    40 

CITIZENS'  RAILWAY— 

tracks,  &c 59-77     40 

decisions  as  to,  note 40 

right  of  way  on  tracks  of 24-26     40 

CLAIMS— 

limitations  on 29       1 

for  expenses  of  council 80       1 

joint  standing  committee  of  council  on 31       1 

for  property  destroyed  by  Marine  Hospital 

physician,  decision,  »o<c 23 

soldiers  and  seamen , 21     11 

against  city 25     11 

for  return  of  taxes 9     49 

CLEANERS  OF  MARKETS— 

salariesof 58     35 

CLERK— 

to  mayor 5,6       1 

to  comptroller 14     11 

of  courts 11     14 

bonds  of  clerks  of  courts ^....13,  51-59     14 

to  harbor  board : 9     22 

of  markets 1,58     35 

to  register 28     11 

in  tax  department 1,5-9     49 

see  Officers  of  the  Corporation 

COAL  AND  ASHES— 

removal  of 91     23 

duty  of  housekeepers 92     23 

COAL— 
flues  of  chimneys  in  which  anthracite,  is  used, 

regulated 7       9 

anthracite,  &C.5  how  to  be  sold 48     28 

prohibited  in  streets 113     47 


PAOK 

156 
915 


730-748 

746-748 

730 

743-754 

755-757 

780 

23 
23 
23 

437-441 

165 

166 

1037 

646 

17 

162 

187,212 

188,  209-211 

336 

628,646 

167 

1070,  1090 


413 
413 


150 

531 

1032 


1200 


Index. 


COCK  FIGHTING— 
prohibited 


SEC.  ART. 

1     15 


COFFEE— 

damaged,  not  to  be  brought  into  the  city. 


137     23 


COLLECTOR— 

annual  levy 

public  sale  of  property  for  taxes 

payments  to,  from  property  sold  by  conip- 

troller 

to  furnish  to  clerk  of  court  list  of  taxable 

males 2 

school  fund 25 

sewers 10-13 

of  taxes 2-3,28 

clerks 59 

decisions,  note 

of  water  department 5 

see  Streets  and  City  Commissioner 


11 
11 


10     11 


COLORED  CHILUREN- 
s<ihools  for 


31 
43 
44 
49 
49 
49 
49 
47 


38-40     43 


COMMISSIONERS  OF  FINANCE— 

school  fund 26     43 

appointment  of 8     46 

vacancy 9     46 

certificates  of  stock 1-7     43 

department  of  finance 8-28     46 

sinking  funds  and  funding  Hoating  debts 17-28     46 

stocks 29-37     46 

see  Stocks. ; 46 

COMMISSIONERS  FOR  OPENING  STREETS— 

sewers 1     44 

powers  and  duties 1     47 

duties  of  surveyor  as  to 3,7     48 

COMPTROLLER— 

as  to  city  contracts 51-54 

keeper  of  title  deeds,  &c 57 

system  of  keeping  accounts 30-31 

expenses  of  council 30-81 

fiscal  year,  and  reports  to  council 32-35 

when  to  withold  warrant  from  city  officers...  37 

to  report  indebtedness  over  appropriations...  36 

auction  duties  for  deepening  harbor,  &c 43 


PAGE 

240,  242 

429 

159 
161 

161 

658 

854 

872-873 

1068,  1079 

1090 

1092-1093 

1080 


858 

865 

907 
907 
905-907 
907-914 
910-914 
914-922 


864 

993 

1053, 1055 

62-64 

65 

168-169 

23 

23-24 

24 

24 

105 


Index. 


1201 


COMPTROL  LER—  Continued. 

when  to  grant  special  licenses  to  hackmen... 

to  issue  licenses  for  carriages,  wagons  and  ve 

hides:  rates 27,32 

for  boats  and  scows:  rates 27,32 

numbers  for  carriages,  &c 28,30, 

appointment  of :  salary  :  terra  of  office :  bond. 

duties  of  as  to  fiscal  concerns,  accounts,  &c... 

to  examine  contracts,  issue  licenses,  &c  :  open 
accounts  with  all  the  departments  :  certify 
to  correctness  of  claims  :  report  all  con- 
tracts to  council :  report  when  appropria- 
tions are  exhausted  :  examine  and  certify 
to  correctness  of  pay  rolls 

public  improvements 

to  represent  city  when  property  insured  is 
destroyed  by  fire 

insurance  of  city  property 

to  bid  at  public  sale  for  property  sold  for 
taxes 

to  sell  for  cash  property  purchased 

to  pay  to  collector  and  register 

to  take  charge  of  refuse  material:  to  sell 
same,  and  old  metal 

refuse  material,  «&c.,  to  be  handed  over  to 

separate  account  for  refuse  material 

clerks:  salaries:  extra  assistance 

bonds  of  clerks 

when  chief  clerk  to  act 

licenses  from,  for  cleaning  privies 75-76 

returns  to,  from  commissioners  of  pensions, 
war  of  1812 

to  procure  sets  of  weights  and  measures 

standards  to  be  deposited  m  office  of. 

license  to  retailers  of  charcoal 

licenses 

licenses  and  renting  of  stalls  in  markets 16-19 

what  dealers  at  markets  to  obtain  licenses 

from 84-36 

Belair  market,  note , 

Broadway  market,  note 

Canton  market,  note 

Centre  market,  note 

Hullins  street  market,  note 

Richmond  market,  noit 


SEO 

.  AST. 

PAGE 

8 

8 

130 

,32 

8 

189,141 

,32 

8 

139,  141 

,81 

8 

139,  140 

1 

11 

158 

2-3 

11 

158 

4  11 

169 

5  11 

160 

6  11 

160 

7  11 

161 

8  11 

161 

9  11 

161 

10  11 

161 

11  11 

162 

12  11 

162 

13  11 

162 

14  11 

162 

15  11 

168 

16  11 

168 

.-76  23 

407 

8  24 

448 

23  28 

624 

24  28 

624 

47  28 

531 

-42  33 

57^-591 

^19  35 

633-635 

1-36  36 

639-640 

86 

640 

85 

660 

85 

661 

86 

653 

86 

660 

86 

666 

1202 


Index. 


COMPTROLLER— (7onfmMe(f. 

fewers 

return  by  surveyor  of  plats  to 

statement  to,  from  appeal  tsx  court 

certificate  to,  from  collector  before  payment 

of  damages  for  property  condemned 

description  of  lots  coudemned   for   opening 

streets,  &c 

see  Streets  and  City  Commissioaer 

CONCEALED  WEAPONS— 
carrying... 

CONGRESSIONAL  DISTRICTS— 
third,  fourth  and  fifth,  note 


SEC. 

ART. 

PAQB 

25 

44 

876 

8 

49 

1056 

5 

49 

1072 

61  49 

62  49 
47 

22     38 


CONSTABLES— 

mayor  and  city  council  to  appoint 16,  96 

number  of. 

when  to  be  removed :  no  deputy  in  serving 

writ 

fees  of 

CONSTITUTION  OP  MARYLAND— 

as  to  city 1-9, 1-25  1, 

term  of-office  of  mayor 

election  for  mayor,  when  held 

city  council 

debts  created  by  city 

oath  prescribed  by,  noie 

legislative  and  congressional  districts,  note... 

courts  in  city 

surveyor 

as  to  taxation,  note 

CONTAGIOUS  DISEASES— 

prevention  of,  in  city , 

persons  with,  sent  to  marine  hospital , 

infected  districts  to  be  fenced  in., 

when  mayor  to  convene  council 

see  Quarantine 


1091 


1091 


706 


59 


6,96 

14 

189, 227 

96 

14 

227 

97 

14 

228 

101 

14 

230 

1-25] 

1,14 

4-7, 182-192 

1 

4 

1 

4 

2-4 

5 

7 

6 

28 

22 

39 

58-59 

1-25 

14 

182-192 

48 

1061 

49 

1059 

1 

23 

376 

136 

23 

429 

129 

23 

423 

130 

23 

423 

CORPORATION  OP  BALTIMORE  CITY— 

incorporated 11  8 

municipal  powers  of,  decisions,  notes 1  7 

origin  and  boundaries,  no<e 1  9 

claims  against 29-31, 26  1, 11  28, 166 


Index. 


1203 


1,25 


CORPORATION,  &a.~-Oontinued.  beo.  abt. 

fiscal  year  of. 82 

advertisements  of 50 

contracts  of. 51-54 

records 55-57 

seal 58 

as  to  auction  duties 48-46 

constructing  or  repairing  buildings  of 23-25 

lightning  rods  on  buildings  of 40 

insurance  of  property  of 4,7 

see  City  of  Baltimore 

see  Officers  of  the  Corporation 

CORPORATIONS— 
powers  of,  decisions,  notes 

CONTRACTS— 

members  of  the  city  council  not  to  be  interest- 
ed in  city 

mayor  not  to  be  interested  in  city 

city  officers  not  to  be  concerned  in  city 

extra  compensation  to  city  officers,  contract- 
ors, &c ,     47-48 

proposals  to  be  laid  before  mayor 

mayor,  comptroller  and  register  to  award 

time  and  place  of  opening  proposals 

bonds  from  contractors 

for  constructing  or  repairing  city  buildings... 

comptroller  to  examine  and  report  to  council 

decision,  note 

harbor  board  not  to  be  interested  in 

for  removing  garbage,  &c 108-106 

members  of  school  board  not  to  be  interested 


record  kept  by  inspector  of  buildings  of  pro- 
posals for  city 

private,  of  owners  for  grading,  &c 

officers  of  water  board  not  to  be  interested  in. 


18     48 


25 

44 

4 


7 
47 
68 


COPAL  VARNISH— 
manufacture  of. 


CORN  AND  FLOUR  EXCHANGE— 

.    arbitration,  committee  of, 

CORONER— 

four  for  Baltimore:  term  of  office:  salary: 
oath  and  bond 


66     28 


4-6       3 


1     12 


PAGE 

23 

62 

62-64 

64-65 

65 

105-106 

116-117 

123 

169, 161 


8, 16, 445 


5      1 

5 

6       1 

5 

43       1 

60 

47-48       1 

61 

61       1 

68 

51       1 

63 

62       1 

63 

63       1 

63 

23-25       7 

116-117 

64,4  1,11 

63,  169 

1 

64 

8     22 

886 

18-106     23 

416-417 

863 

117 
1013 
1130 

401 
80-82 

170 


1204 


Ikdbz. 


CORONER—  Continued. 

assigned  to  districts:   deputies 

duties:  jury:  expenses ■. 

report  to  police  commissioners 

property  and  money  deposited  in  bank  to  or- 
der of  orphans'  court 

duties  as  to  registration  of  deaths 


COSTS— 

security  for,  when  given  by  mayor 

in  criminal  cases 25,  28,  30,  34,  35,  39,  42 


SEC. 

ART, 

PAGE 

2 

12 

171 

8 

12 

171 

4 

12 

171 

4,3 

12 

171,172 

2 

41 

834 

3 

1 

16 

,42 

14 

to  justices  of  the  peace 100,  103,  104 

for  warrant,  commitment,  &c.,  for  vagrants, 

&o.,  note 36,15  29,52 

decisions  as  to  justices' 

in  inquisitions  for  land  for  water  department,  8 

in  actions  for  wrongs 203 

in  appeals  from  justices 104 

in  actions  for  fines  and  penalties 3,  6,  10 

see  Fees 


204,  205,  206,  207 
14  228,231 


9,52 

540,1110 

14 

232 

53 

1124 

14 

231 

14 

231 

19 

274,  275 

COTTON  WADDING— 
laps  and  bats,  manufacture  of. 


64     23 


403 


COUNCIL— 

two  branches 

election  of  members  of. 3, 

what  first  branch  to  consist  of.  

what  second  branch 

sessions  of. 

members  not  to  hold  any  other  office :  city 

contracts 

action  of  mayor  on  ordinances  of 

when,  may  pass  ordinances  over  mayor's  veto 
effects  of  non-return  of  ordinance  by  mayor 

ordinances  and  resolutions  of,  evidence 

qualifications  of  electors , 

vacancies 

duty  of  judges  of  election 

time  of  meeting 

absent  members 

presidents  of  branches 

when  president  of  branch,  mayor  ex-officio... 

qualification  of  memberf 

expelliag  members 


2,13 

I         5,12 

16.17 

I         5,  13 

14 

I          12 

15 

1          13 

4 

1           5 

5,15 

I        5,18 

9-11   ] 

I          12 

10   ] 

[          12 

11   ] 

12 

12   ] 

I          12 

18 

I          13 

19 

I          13 

20,  26  1,  ] 

7   13,263,259 

21 

I          13 

22,9 

I        14,  17 

22 

I          14 

6   ■ 

L          11 

23 

I          14 

23 

L          14 

Index. 


1205 


COUNCIL — Continued.  sec.  art, 

rules 24 

officers 24 

fees 24 

journal .  24 

deliberations  public 24 

compensation  to  members 25,11 

what  ordinances  noayor  and  council  empow- 
ered to  pass 26 

may  pass  ordinances  as  to  appointments  te 

office 27 

when  mayor  to  appoint  officers  with  consent  of  27 

appointment  of  register  by 27 

vacancies  in  office,  how  filled 27 

salary  of  mayor  ex-officio 2 

penalty  for  absence  from 7 

ines,  how  collected 8 

absence  during  session 9 

adjournment 10 

not  to  hold  any  other  office 12 

duty  of  clerks  to 13 

journal  of 13 

when  clerks  to  be  paid 13 

clerks  to  endorse  papers 14 

to  furnish  proceedings  to  city  printer 15 

on  what  paper  copy  of  journal  to  be  printed  16 
copy  of  journal  to  be  signed   by  clerk  and 

president  of  each  branch 17 

to  be  delivered  to  register 17 

journals,  evidence  of  proceedings 17 

clerks  to  engross  ordinances  and  resolutions..  18 
register  to  have  engrossed  ordinances  and  res- 
olutions bound  and  indexed 19       1 

register  t'>  send  copies  of  ordinances,  &c.,  to 

heads  of  city  departments 20 

to  furnish  ordinances  and  journals  to  State 
Library,  Baltimore  Bar  Library,  and  Pea- 
body  Institute 21 

publication  of  ordinances,  &c.,  in  newspapers: 
register  to  examine  proofs  of  ordinances, 

&c:  index 22 

when  newspapers  paid 23 

duty  of  assistant  clerk  of  the  first  branch 24 

per  diem  sheet « 25 

clerk  of  two  branches  la  convention 26 


RT. 

PAOE 

14 

14 

14 

14 

14 

14,18 

14 


15 

15 

15 

15 

16 

17 

17 

17 

18 

18 

18 

18 

18 

18 

19 

19 

19 

19 

19 

19 

19 

20 

20 


20 

20 

21 

21 

22 

1206 


IlTOEI. 


COUNCIL— Con/inwed!.  sec. 

weekly  statements  of  appropriations 27 

oath  of  members  of 28 

limitation  on  claims  before 29 

payments  by  register 30 

joint  standing  committee  on  claims 31 

fiscal  year  of  corporation 32 

when  officers  to  make  reports  and  returns  to  33 

expenditures  and  appropriations 34-37 

confirmation  of  appointments  42 

election  for 21,26,  1-3 

reports  from  comptroller  to 2,4 

reports  from  solicitor  to 3 

counselor  and  solicitor's  duties  to 1-9 

when  to  sanction  manufacture  of  composition 

roofing  in  city:  application  to  be  published  55 

soap  and  candle  factories:  application 59-60 

mills  for  pulverizing  charcoal 61 

statement  of  expenses  of  health  commissioner 

to 10 

to  be  convened  when  contagious  disease  in 

city 130 

visiting  committee  to  marine  hospital 153-154 

to  fill  vacancies  in  ofiice  of  register 20 

report  to,  from  register 22,  25 

to  fill  vacancies  in  school  board 4,  6 

report  to,  from  superintendent  of  public  in- 
struction   11 

report  to,  from  school  commissioners 14 

report  to,  from  sewer  commissioners 17 

report  to,  from  finance  commissioners 13 

to  be  convened  on  death,  &c.  of  city  collector  32 

report  from  Water  Board  to 3 

see  Reports 

COUNSELOR— 

appointment  of. 1 

duties  of 2 

solicitor  to  advise  with 2 

substitute 5 

extra  counsel 6 

salary  of 7 

appeals 8 

how  writs  to  be  endorsed 9 

test  of  writs 8 

actions  for  fines 1-10 

opinion  as  to  issuing  stock 8 


1 
1 

13 
13 

23 
23 
23 

23 


PAGB 

22 

22 

23 

23 

23 

23 

23 

24 

60 

259, 263, 264 

158,  159 

175 

174-177 

401 
402 
402 

387 


23 

423 

23 

437 

11 

164 

11 

166 

43 

848,  849 

43 

851 

43 

852 

44 

874 

46 

908 

49 

1080 

53 

1130 

13 

174 

13 

174 

13 

175 

13 

176 

13 

176 

13 

176 

13 

176 

13 

177 

14 

186 

19 

270-275 

46 

905 

Index.  1207 

COUNTY—  SEC.  ABT.  PiQB 

when  Baltimore,  formed,  no^e 1  10 

separation  of  Baltimore  city  from  Baltimore, 

note 1  9,10 

wharf,  decision,  Tio^e 18  266 

streets  in  Baltimore,  no^e 47  993 

COURTS— 

assault  and  battery 14  88 

Appeal  Tax 1     49  1070 

appeal  under  law  regulating  hacks 11-12      8  181 

property,  &c.,  deposited  by  coroner  to  order 

of  orphans' court 4,3     12  171,172 

counselor  and  solicitor 1-9     13  174-177 

Supreme  Bench.  1-18     14  182-188 

Orphans' Court 14-15     14  188-189 

jurisdiction  of 1     14  193 

terms  and  rule  days  of. 3-18     14  193-200 

court  officers 61-67     14  212-214 

pay  of  witnesses  in 76     14  218 

jurors  in 1-24,  1-2     31  667-669 

decisions  as  to  jurors,  no^ex 81  666-669 

when  dockets,  &c.  of  justices,  delivered  to 

clerk  of  City  Court 99     14  228 

salary  of  judges  of 1     14  283 

decisions  on  rule  day  law,  no<e» 14  194-200 

persons  committed  by,  for  fines,  decision,  no<e  14  207 

decisions  by  City  Court  as  to  justices,  &c.  note  14 

219-222,232-235 
jurisdiction  of  City  Court,  in  cases  ot  tenants 

holding  over,  decisions,  rto^e* 60  1099 

equity  judges' opinions 17     14  202 

sheriff's  attendance  in 72     14  217 

see  Appeals 

COURT  OF  COMMON  PLEAS— 

jurisdiction... 1-2     14  182-183 

clerk  of 11,12,61     14       186,  187,209 

terms  and  return  days  of 3-4     14  193 

officers  of 26,61     14  192,212 

night  watchman  of  office  of  clerk  of 66-67     14  213,214 

stenographer  to 68     14  214 

commissions  on  licenses,  &c.,  to  clerk  of,  one 

par  cent,  under  1876,  c.  368,  note 83  577 

CRACKERS— 

fire 10,46-47     19  282,299 


1208 


Ikdez. 


CRIMINAL  COURT— 

juris'iictioD 

clerk  of. 11,  1* 

State's  attorney 

officers  of 

terms' 

cases  

commitmeuts  and  recognizances 

witnesses  to  be  recognized  to 

warden's  duty 

warden  to  bring  prisoners  before  court 

original  commitment 

costs 

when  capias  to  be  re-ifsued :  time  within 
which  to  be  returned 

fees 

subpoenas  for  witnesses 

fees 

renewal  of  subpoenas 

penalty  on  sberiflf. 

Saturday  court:  no  jury 

when  prosecutor  to  pay  costs 

bow  costs  recovered 

prosecutor's  name  on  indictment  for  misde- 
meanor  

judge  or  court  to  accept  surrender  by  bail.... 

children  of  convicts 

fine  on  witnesses 

when  bail  liable  to  attachment  for  contempt 

to  be  commiitt,d  till  payment 

fees  to  Slate's  attorney  in  removed  cases 

assistant  counsel 

action  of  debt  for  fines  in 

jurisdiction  over  premises  of  State  cattle  scales 

bond  of  warden  to  be  recorded  in 

duty  of  warden  as  to  prisoners:  commitments 

list  of  vagrants  to  be  sent  to,  by  warden 

see  Jail 

see  Vagrants 

CROSS  STREET  MARKET— 

limits  of 

clerk 

bond 

stalls 


SEC.  ART. 

1,4,20  14 

1, 67-58  14 

19-24  14 

25,  61  14 

18  14 

19  14 

21  14 

22  14 

23  14 

24  14 

25  14 

26  14 

27  14 

28  14 

29  14 
80  14 

31  14 

32  14 

33  14 
84  14 

35  14 

36  14 

37  14 

38  14 

39  14 

40  14 

41  14 

42  14 
43,44  14 
1, 3-6  19 

54  28 

16  29  . 

19-20  29 

36  29 

29 

62 


90 
91 
92 


35 
36 
35 
36 


PAQE 

182.184,203 

186,187,211 

190-192 

192,  212 

202 

203 

203 

203 

203 

204 

204 

204 

204 
204 
205 
205 
206 
205 
206 
206 
206 

206 
206 
206 
206 
206 
207 
207 
207 
270,  273 
495 
537 
537 
540 


657 
658 
668 
668 


Index. 


1209 


CURBSTONES—  sec.  abt. 

see  Streets  and  City  Commissiouer 47 

DANCING  SALOONS— 

Dot  to  be  opened  on  Sunday 8     42 

DEAD— 

coroner's  duty  as  to  the 3     12 

disposal  of  unrecognised  bodies 74     28 

morgue  or  dead  house 1-4     12 

DEAF  AND  DUMB— 
education,  &c.  of 1-2,1-4     16 

DEATHS— 

and  births,  registration  of 1-10    41 

DEBT— 
not  to  be  created  or  credit  given  without  au- 
thority of  legislature  and  approval  of  vo- 
ters   7       1 

as  to  police 7       1 

renewal  and  extension  of,  created  before  con- 
stitution   7       1 

comptroller's  duties  as  tc  city 2-5     11 

term  "debt"  in  constitution,  no<e» 14,19 

DEEDS— 

comptroller,  keeper  of  title 67       1 

recording  of,  by  comptroller 67       1 

examiner's  duties  as  to 11-12     13 

lecording  of,  by  clerk  of  Superior  Court 12     14 

list  of,  furnished  to  Appeal  Tax  Court 7     49 

DEFENDERS— 

of  city  in  1814:  annual  appropriation,  &c....  1-4     24 

DIRECTORS  OF  CITY— 

in  House  of  Refuge 1     26 

in  House  of  Reformation,  &c.,  for  colored 

children 13    26 

in  Maryland  Industrial  School  for  girls 23     26 

in  St.  Mary's  Industrial  School  for  boys 26    26 

in  Union  Railroad  Company 42    46 

in  Western  Maryland  Railroad  Company 44    46 

DISABLED— 

firemen 25-26    20 


840 


171 

406 

172- 

-173 

243- 

-246 

834- 

-837 

6 
6 

7 
158-160 
220,  271 

65 

65 

177-178 

187 

1073 


442-448 

455 

459 
463 
464 
950 

968 

291-292 


1210  Index. 

DISPENSAKIES-  sec.  aet.  .page 

fines  and  penalties  appropriated  to 18,5  8,19  131,272 

appropriations   for    furnishing  medicine  to 

sick 17  25  451 

to  preserve  virus,  &c 127  23  423 

DISTILLERIES— 

erection  of. 58  23  401 

of  spirits  of  turpentine  or  varnish,  decision, 

note 58  23  401 

DISTRAINT— 

by  clerks  of  markets,  for  rent  of  stalls 6,  6  35  624,  630 

for  taxes 4,  38,  42  49  1060,1082,1084 

DISTRICTS— 

legislative 89  1  58 

congressional,  note 1  59 

coroners' 2  12  171 

of  superintendents  of  chimney  sweepers 1  9  148 

of  inspectors  of  steam  boilers 59  28  497 

of  lamplighters 91  47  1025 

fire 18  20  290 

infected  with  yellow  fever,  &c 129  23  423 

mayor  to  divide  city  into,  for  standard  keepers  38  28  529 

of  street  superintendents,. 107  23  417 

DOCKS— 

fire  aboard  vessels  in 51  20  300 

corporation  lo  have  control  of. 15  22  319 

entitled  to  land  made  by  improvements 16  22  320 

obstructing  passage  in  Smith's,  &c 17  22  320 

what  term  vessel  to  include 18  22  320 

vacantplace 19  22  320 

vessel  obstructing  passage,  to  make  room 20  22  821 

penalties,  how  recovered 21  22  821 

duty  of  health  commissioner  as  to 18  23  389 

see  Harbor,  Docks  and  Wharves 22 

DOGS— 

cruelty  to 1,6  15              240,241 

not  to  go  at  large  without  licensed  number...  19  83  684 

amouut  of  license 20  33  684 

persons  may  be  appointed  to  destroy  :  de- 
stroyed, how  to  be  disposed  of :  compen- 
sation   21  33  684 


Index. 


1211 


DOGS — Continued.  sec.  abt. 
running  at  large  during  certain  months:  bow 

disposed  of 22  83 

licensed;  to  be  muzzled 28  83 

penalty   for  removing  a   licensed  collar  or 

muzzle 24  83 

execution  of  ordinance 26  83 

powers  of  mayor  wben  complaints  are  made 

against  troublesome 26  88 

poisoned   meat,   &c.,   not  to   be  thrown  in 

streets 27  88 

appropriation 28  88 

DOLAN  CHILDREN'S  AID  SOCIETY— 
incorporated,  &c 80     52 

DRAWBRIDGE— 

keeper  of 93  22 

his  duties 93  22 

salary 94  22 

penalty    for    opening,   without    consent    of 

keeper 95  22 

DRAYS— 

see  Carriages,  Horses,  Boats  and  Scows 8 

tjee  Carts 

DRUID  HILL  PARK— 
see  Parks 87 

DRUID  HILL  PARK  RAILWAY— 

on  North  avenue,  &c 117-118     40 

on  Madison  avenue  extended,  note 40 

DYEING  ESTABLISHMENTS— 

over  lakes,  dams,  &c 15     53 

DYNAMITE— 
regulations  as  to 67-69     20 

EARTHENWARE— 

manufacture  of.....'. 58     23 

EASTERN  CITY  SPRING— 
commissioners  of 13     45 

EDUCATION— 

deed,  devise,  &c.,  of  property  to  city  for  pur- 
poses of 2       1 

of  deaf,  dumb  and  blind 1-6     16 


585 
685 

586 
586 

586 

586 
587 

1116 

365 
366 
366 

366 


773 
773 

1127 

806-307 

401 

884 


9 
243-246 


ABT, 

PAGE 

84 

692-618 

43 

859 

43 

4,10 

17 

265 

6 

13 

18 

13 

13 

184 

186 

188 

189 

190 

191 

248 

248 

1B12  Index. 

EDU  GATlOl^— Gontinued.  sec. 

McDonogh  fund  for 1-9 

Peabody  prizes,  no^e 43 

see  Schools 

ELECTIONS— 

of  mayor 1,4 

decisions,  note 

of  city  council 3 

for  first  branch 16 

for  second  branch 17 

qualificationsofelectorsof  members  of  council  18 

duties  of  judges  of 20 

of  judges  of  supreme  bench 5 

of  clerks  of  courts 11 

of  judges  of  orphan's  court 14 

of  register  of  wills 15 

of  sheriff 18 

of  State's  attorney ^ 19 

redivision  of  wards  into  election  precincts....  1 
precincts  to  be  as  nearly  equal  as  practicable  1 
numbered  :  numbers  to  be  recorded  and  pub- 
lished   2     17                      248 

votes  to  be  received  only  in  precinct  where 

voter  resides 3 

board  of  supervisors  of  elections 4 

judges  of  election,  noic 4 

names  of  judges  to  be  published 4 

complaints  to  board 4 

vacancies  among  judges 6 

judges  conservators  of  the  peace 6 

to  preserve  order  and  suppress  riot 6 

places  of  voting :  barriers 7 

power  of  judges  to  commit 8 

power  of  sheriff  and  posse 8 

penalty  for  refusing  to   obey   summons  of 

judge 9 

for  refusing  use  of  jail 10 

reservation  of  powers  to  board  of  police 10 

clerks 11 

per  diem  of  judges  and  clerks 11 

what  expenses  paid  by  mayor  and  city  coun- 
cil   11 

oath  of  judges  and  clerks 12 

notice  of  places  of  election 13 


17 

249 

17 

249 

17 

249 

17 

250 

17 

251 

17 

251 

17 

251 

17 

251 

17 

251 

17 

252 

17 

252 

17 

253 

17 

253 

17 

263 

17 

254 

17 

254 

17 

254 

17 

254 

17 

256 

Index. 


1213 


ELECTIONS— Goniinued.  sec.  abt. 

hours  of  voting 14  17 

ballots 16  17 

when  drluking  houses  closed 16  17 

judges  to  go  before  grand  jury 17  17 

grand  jury,  presentment,  &c 18,19  17 

penalty  on  judges  failing  to  preserve  peace...  20  17 

sherifif  to  give  notice  of  election 21  17 

special  elections,  no^c 21  17 

places  of  election  :  judges  refusing  legal  or 

allowing  illegal  votes :  imprisonment 21  17 

penalty  for  preventing  legal  or  procuring 
illegal  voting:  for  voting  illegally:  repeat- 
ing   22  17 

penalty  for  conspiring  to  prevent  legal  or 
procure  illegal  voting  :  for  assaulting  or 
intimidating  voters  :  for  destroying  ballots 
or  ballot-boxes  :  for  violence  to  judges  or 
clerks:  for  resisting  officers:  for  destroy- 
ing naturalization  papers 23  17 

power  to  seize  arms 24  17 

powers  of  board  of  police  saved 26  17 

how  provisions  to  apply  to  elections  in  Balti- 
more: federal.  State  and  municipal  elec- 
tions: board  of  police 26  17 

want  of  notice  not  to  invalidate  election 27  17 

returns  by  judges 1  17 

penalty  for  illegal  voting 2  17 

vacancy  in  city  council 8  17 

fines  and  forfeitures 4  17 

ELEVATOR  RECEIPTS— 
legal  import  of 100     28 

EMIGRANTS— 

see  Immigrants 27 

ENGINEERS— 

and  firemen  of  city  hall 6     10 

water 13     53 

ENGINEMEN— 
of  fire  department 5     20 

EVIDENCE— 

of  ordinances  and  resolutions 12       1 

commissions  to  city  officers 28       1 


PAGE 

266  • 
266 
26(5 
266 
267, 258 
258 
268 
269 

269 


260 


261 
262 
262 


263 
263 

264 
264 
264 
265 

599 


156 
1133 


286 


12 
16 


1214 


Index. 


EVIDENCE— Continued.  sec.  art. 

•   of  proceedings  of  council 17       1 

seal  of  city 59       1 

EXAMINER  OF  TITLES— 

appointment,  duties,  salary 10-13     13 

EXPENDITURES— 

by  city  officers 34-37       1 

FEES— 

of  superintendents  of  chimney  sweeps 5       1 

of  register  for  seal 21     11 

of  State's  attorney 21,42     14 

collection  of  officers' 72-75     14 

and  nosts  of  justices  and  constables 100-104     14 

decision,  note 14 

when  justices  not  paid 88     14 

costs  at  station-houses 95     14 

of  surveyor 5    48 

see  Inspections '. 28 

see  Salaries 

see  Costs 

FELL'S  POINT  MARKET— 

water  not  to  be  drawn  from   reservoir  for 

shipping  purposes 52     35 

limits  of 93     35 

stalls  to  be  occupied  every  day  of  the  week...  94     35 

regulations 95     35 

bond  of  clerk 96     35 

rent  of  stalls  and  benches 97     35 

FERRY— 

Broadway  and  Locust  Point  steam 1-7     18 

rights  of,  in  county  wharf,  decision,  note 18 

FIFTH  REGIMENT,  M.  N.  G.— 

to  occupy  hall  over  Richmond  market,  note...  35 

exemption  from  jury  service 24     31 

decision,  note 31 

FILTH— 

in  basin 50-54     22 

in  stables 33     23 

to  be  buried 84     23 

not  to  be  deposited  on  premises 36-87     23 

not  to  be  brought  into  city 38    23 


PAGE 

19 
65 

177-178 

24 

149 

165 

191,207 

217 

228-232 

232-234 

226 

227 

1054 


644 
658 
'  658 
659 
659 
659 

266-269 
266 

665 
566 
666 

348-350 
894 
395 

395-396 
396 


Index. 


1215 


FILTH — Continued.  beo,  akt. 

■bone  (dealers 39  23 

in  streets  prohibited 101  23 

removal  of,  from  street?,  &c 90-109  23 

in  market-houses 113,3  23,35 

see  Privies 28 

FINANCE— 

comptroller's  duty  as  to  accounts 2,  4,  13  11 

fiscal  concerns 8-5  11 

fiscal  year 82-35  1 

commissioners  of 8  46 

department  of 8-16  46 

funding  floating  debt,  &c 17-28  46 

stocks 29-37  46 

loans,  endorsements,  &c.,  by  city 38-45  46 

subscriptions  authorized 46 

see  Appendix 46 

FINES— 

on  members  of  council,  and  how  collected...  7-10  1 

on  superintendents  of  chimney-sweepers 4  9 

accoun  ted  for  by  j  us  tices  of  the  peace 78,92,93  14 

how  collected  under  ordinances 1  19 

rightofappeal 2  19 

when  suits  in  court  to  be  tried 3  19 

to  whom  payable 4  19 

dispensaries 6  19 

no  security  to  bo  taken  for  payment  of,  and 

costs:    person  to  be  committed 6  19 

city  oflScers  to  commence  suits  before  justices  1  19 

suits:  what  officers  to  report  to  mayor 2  19 

register  to  pay  costs 8  19 

mayor   to   make   compensation :  register  to 

pay:  statement 4  19 

mayor  to  take  measures  to  recover  money 

from  justices,  &c 5  19 

when  informer  to  pay  costs 6  19 

informer  not  entitled  to  part  of 7  19 

superseded  judgments  of  justices :  copies  to 

be  filed  with  register 8  19 

when  mayor  may  remit :  list  of  remitted  for 

register 9  19 

when  to  pay  costs  and  jail  charges 10  19 

when  persons  committed    for,  to    be    dis- 
charged   19 


Page 

896 

415 

413-418 

419, 629 


158,  159 

158-160 

23-24 

907 
907-910 
910-914 
914-922 
922-978 

979 
1171 

17-18 
149 
218,  226,  227 
270 
271 
272 
272 
272 

273 
274 
274 
274 

274 

274 
276 
275 

275 

275 
275 

271 


1216 


Index. 


FINES — Continued.  sec.  ARr,  page 

public  general  laws  as  to 19  270-272 

decisions,  note 19  271-272 

FIRE— 

lamps  attached  to  wooden  buildings  regulated  11  7  112 

chimneys 1,6  9  147,149 

forsmoking  meat 15  9  152 

places 16  9  152 

city  property  destroyed  by 4,6,7  11        159,160,161 

men  with  apparatus,  &c.,  to  pass  free  over 

ferry 7  18  269 

department 1,1-28  20       278,285-293 

see  Appendix 20  1166 

alarm  telegraph 31-40  20  279-'82,  297-'8 

inspector 2-9,  41-43 

crackers,  squibs,  rockets,  torpedoes,  &c 10.  45-47  20  282,  299 

lights  in  stables 44  20  298 

ashes 48  20  299 

hay  and  cut  straw 49  20  299 

aboard  vessels 51  20  300 

salvage  corps 29-30  20  293 

relief  of  disabled  members  of  department 25  20  291 

life  insurance  of  firemen,  &c 27-28  20  292-293 

gunpowder  and  combustibles 11-12,52-58  20       282,300-304 

inflammable  oils 13-22  20  282-284 

manufacture  of  oils 59  20  304 

storage  of  oils,  (fee 60-66  20  805-306 

dynamite,  nitro-glycerine,  &c 67-69  20  306-307 

shavings 70  20  307 

alarm  telegraph,  use  of  by  police 15  38  703 

department,  reward  for  arrest  of  persons  in- 
juring apparatus,  «&c.,  of 1  38  709 

when  not  to  be  made  in  streets 120  47  1034 

FIREARMS— 

firing  prohibited 112  47  1032 

carrying  concealed 22  38  705 

FIREMEN— 

disabled 25-26  20  291-292 

life  insurance 27-28  20  292-293 

FIRE  CRACKERS— 

prohibited 10,  45-47  20  282,  299 

decision  as  to,  7»o<c 88  713 


\ 


Index.  1217 

FIRE  PLUGS —  SEC.  art.                page 

obstructing 23     20                       291 

control,  &c.,  of 20-22     20                       291 

see  Water 58 

FIREWOOD— 

on  wharves 44-46,64     22       326-327  354 

on  Bowly's  wharf, 65     22                      354 

on  Light  street  wharf. 69-72    22              856-357 

measurer 101-105     28  509-511 

wharfage  on 21,23,57     22       341,842,351 

notice  from  harbor-master  to  remove 22    22                      341 

landing 24    22                      842 

harbor-masters  not  to  deal  in 25     22                      342 

sales  of,  regulated 49     22                      531 

in  streets,  regulated 114    57                     1032 

FISCAL  YEAR— 

of  the  municipality 32-35       1                  23-24 

FISH— 

to  be  placed  under  roof 50     23                      398 

FISHERMEN— 

of  what  wharf  to  have  exclusive  use 78     22                      869 

FLAGSTONES— 

and  stepping-stones 37,81    47           1011,1023 

see  Streets  and  City  Commissioner 47 

FLYING-HORSE— 

whirligigs,  &c.,  prohibited 61     23                      399 

FOOTWAYS— 

removal  of  ice  and  snow  from 108,126-127  23,47  417, 1036-'38 

decisions,  note 47                    1036 

FOREIGN  PASSENGERS— 

see  Immigrants 27 

FORTUNE-TELLERS— 

penalty  against 8     88                      709 

when  deemed  vagabonds 2    52                    1107 

FOUNTAINS— 

public 46     53                     1144 

FOWLS— 

cruelty  to • 2     16                      242 


1218 


Index. 


FRAME   SHEDS—  sec.  art. 

permits  for 26      7 

privies  and  bath-houses 5       7 

buildings 6       7 

FUNERALS— 

distance  between  vehicles. 23       8 

riding  or  driving  across 24       8 

to  pass  free  over  ferry 7     18 

GAMING— 

statutes  and  decisions,  note 21 

penalty  for  fraudulent,  and   betting 1     21 

penalty  for,  in  ordinaries :  liability  of  keepers 

of  ordinaries 2     41 

penalty  for  keeping  faro  bank,  ganaing  tables, 

&c 3     21 

police   to   give  information   and    suppress: 

mode  of  proceeding :  penalty  for  refusing 

to  open  rooms  to  police 4     21 

horse-racing  prohibited 5     21 

long  bullets  prohibited 6     21 

on  Sunday 3     42 

GARBAGE— 

removal  of 91-106     23 

carts  and  drivers 91-98     23 

not  to  be  thrown  in  harbor 50-64     22 

GAS— 

light  companies  not  to  discharge  tar  or  dregs 

into   harbor 54     22 

companies  digging  up  streets 62     23 

trenches  made  in  streets  by  gas-light  com- 
panies   83     47 

lamps  and ,     84-93     47 

companies,  decision,  note 47 

general  superintendent  of  Inmps  and  inspector 

and  sealer  of  gas  raeters,see  Appendix 28 

GAS,  ILLUMINATING— 

inspectorof  appointed  by  city  :  gas  company: 

bond:  oath 12     28 

duties  :  report  to  mayor 13     28 

quality  of  gas  :  illuminating  power 14     28 

defective  gas... 15     28 

apparatus 16     28 

salary 17     28 


PAGE 

117 
110 
111 

138 
138 

269 

308-311 
308 

309 

310 


311 
312 
312 

841 

413-417 
413-415 
348,  350 


350 


1024 

1024-1027 

1026 

1164-1166 


530 
520 
521 
521 
522 
622 


Index.  1219 

GAS  METERS- 
apparatus    for    registering    consumption   of 

S*s 1     28  480 

amount  of  gas  registered 2     28  480 

certificate :  wheu  company  to  refund  to  con- 

«"™er 3     28  480 

test  by  inspector  and  sealer  of 3     28  480 

general  superintendent  of  lamps  and  inspector 

and  sealer  of,  appointed  by  city :  bond : 

^^^^ 2  28  617,1164-1)66 

h'8  duties 3  28  517 

apparatus 4  28  617 

to  inspect  and  prove:  fee  to  inspector: 
when  fee  to  be  returned:  gas  company: 

two  per  cent.:  appeal :    referee 5  28  518 

new  meter  to  be  inspected  :  penalty  on  gas 

company:  fine 6  28  618 

to  be  sealed  and  stamped 7  28  619 

used  gas  meters  to  be  reinspected  and  stamped: 
penalty  on  gas  company  ;  notice  from  in- 
spector   8  28  619 

inspector  to  visit  premises :  instructions :  fee  9  28  619 

inspector's  record  :  report  to  mayor  :  fees 10  28  519 

counterfeiting  or  defocing  eeal 11  28  520 

GAUGER  OF  CASKS  AND  LIQUORS— 

powers  and  duties 4-11     28  481-483 

to  conform  to  Baltimore  standard 8     28  482 

GERMAN  NEWSPAPER— 
city  advertisements  to  be  published  in 22,  60,  97   1  22         20,  62,  307 

GERMAN  SOCIETY— 

for  help  of  immigrant*,  Mo<e 27  472 

GOATS— 
cattle  and  swine  going  at  large 138-141     47  1040-1041 

GOODS,  WARES,  &c. 

on  streets,  inspection  of 116  47  1033 

how  far  not  to  project :  not  to  obstruct  streets  116  47  1033 

for  sale  in  streets 117  47  1033 

GOVERNOR— 

to  appoint  auctioneers 9,39  6  93,104 

coroner 1  12  170 

justices  of  the  peace 16,  17,77  14  189,190,218 


1220 


Index. 


GOYER:>!OTi— Continued.  sec.  art.  page 

duty  as  to  deaf,  dumb  and  blind 1-6  16  243-245 

to  appoint  State  wharfingers 22  22  321 

vaccine  agent 21  23  382 

vaccine  agent  to  report  to 29  23  384 

to  appoint  State  inspectors  of  hay  and  strawl2,  26,  32  28       483,  486,  489 

to  appoint  State  inspectors  of  live  stock 35  28  490 

when,  to  appoint  police  commissioners 3  38  692 

to  appoint  State  inspectors  of  steam  boilers,  58  28  496 

to  appoint  weighers  of  grain 76  28  502 

to  appoint  measurer  of  wood  carts 101  28  509 

when,  to  appoint  collector  of  State  taxes 27  49  1069 

GRADES— 

grading,  paving,  &c.,  streets 4-8,  28-61  47  987-988,  1008- 

1019 

GRAIN— 

weighers  of 76-99  28  502-509 

elevator  receipts  for 100  28  509 

GRAVES— 

penalty  for  injuring 13  7  113 

GUNS— 

firing  prohibited 112  47  1032 

GUNPOWDER— 

storage,  &c.,  of 52-58  20  300-304 

lauding  from   vessels  :  quantity,  &c,,  in  city 

regulated 53-55  20  302-303 

GUNPOWDER  RIVER— 

supply  of  water  from  69-73  53  1162-1154 

stock., , 76  53  1157 

GUTTERS— 

to  buildings 32  7  120 

to  be  kept  clean 31  23  394 

not  to  be  dug  without  permit  from  city  com- 
missioner   96  47  1027 

water  from,  not  to  be  thrown  on  streets 124  47  1036 

see  Streets  and  City  Commissioner 47 

HABEAS  CORPUS— 

jurisdiction  in 3  14  184 

HACKS— 

hackney  coaches,  draymen,  &c.,   to   be  li- 
censed and  regulated 1  8  127 


Index. 


1221 


HACKS — Continued.  8EC.  art. 

what  a  hackney  coach 2  8 

rates  of  fare 4  8 

number  to  be  placed  on  carriage  :  rates  of  fare 

to  be  placed  inside 5  8 

charging  higher  rates,  &c 6  8 

refusing  number :  refusing  to  give  correct 
rates  :  misconveying  or  insulting  passen- 
gers   7  8 

special  licenses 8,10  8 

fines,  penalties,  how  recovered,  &c 9,  11,  13  8 

right  of  appeal 12  8 

licenses,  numbers  and  regulations 1-87  8 

lien  of  livery  stable  keepers 14-16  8 

buildings  for  livery,  hiring  or  sale  stables...  38-40  8 

stands  for 41-60  8 

HANOVER  MARKET— 

limits  of 98  35 

bond  of  clerk 99  85 

rent  of  stalls  and  benches  in 100  36 

what  limits  hucksters  to  keep 101  35 

HARBOR— 

deepening  channel  and 43-46,1,2  6,22 

corporation   to  provide   for  preservation   of 

navigation  in  basin  and  Patapsco 1  32 

throwing  obstructions  iu  river,  &c 2,3,  22 

power  to  regulate  mooring  of  vessels 4  22 

power  to  survey,  and  river,  and  erect  buoys.  5  22 

to  remove  obstructions  from  :  to  levy  tonnage  6  22 

ordinances  to  protect  wharves  and 7  22 

fines 8  22 

limits  of  wharves 9,10  22 

pay  of  harbor  master  from  vessels 11-12  22 

tonnage  duty  on  lumber 13  22 

harbor  masters,  &c. 14  22 

harbor  masters:  their  duties 19  22 

return  from  sixth  harbor  master 20  22 

rates  of  wharfage :  lumber  and  fire  wood 21  22 

notice  to  remove  lumber,  &c 22  22 

rates  to  be  charged  when  lumber  sixteen  feet 

from  wharf  front 23  22 

persons  landing  lumber,  &c 24  22 

harbor  master  or  deputy  not  to  deal  in  wood  26  22 


PAGE 

128 
128 

129 
129 


129 
130, 181 
130,  181 

181 
132, 142 

132 
142-143 
143-146 


G59 
659 
660 
660 


105-106,333 

317 
317 
817 
317 
818 
818 
318 
318,319 
319 
819 
819 
840 
840 
841 
841 

842 
842 
842 


1222  Indbx. 

HARBOR — Continued.  sec.  art.  page 

tonnageduty 26  22  342 

penalty  for  refusing  to  exhibit  license  of  ves- 
sel   27  22  342 

penalty  for  obstructing    ingress  or  egress  of 

vessels 28  22  342 

penalty  for  neglecting  to  pay  wharfage 29  22  348 

propellers,   barges   and  canal  boats   to   pay 

tonnage 30  22  343 

monthly  returns  to  register :  compensation..,  31  22  343 

vessels  lying  at  the  public  wharves 32  22  343 

yards,  &c.,  regulated 33  22  344 

wharfage,  how  collected 34  22  344 

harbor  masters' books 35  22  844 

fires  on  board  vessels  regulated '  36  22  344 

limits  in  which  vessels  may  not  remain    at 

anchor.  '. 37  22  345 

vessels  not  to  enter  public  docks  without  per- 
mission   38  22  345 

public  wharf  on  Pratt  street 39  22  345 

retailing  goods  prohibited  on  said  wharf 40  22  346 

retailing  goods  at  public  wharves  regulated..  41  22  34fi 
what  vessels  not  to  enter  dock  without  per- 
mission   42  22  346 

vessels  not  to  lie  in  second  tier  without  per- 
mission   43  22  346 

vessels  to  be  pumped  out  once  a  week 44  22  346 

notice  of  regulations  to  be  served  on  masters 

of  vessels 45  22  347 

vessels  not  to  be  hove  down,  nor  wharves 

obstructed,  without  permission 46  22  347 

ballast  not  to  be  put  on  board  without  per- 
mission   47  22  347 

nor  landed  without  permission 48  22  347 

vessels  in  ballast  to  haul  to  a  wharf 49  22  348 

vessels  in  quarantine 49  22  348 

ashes,  shells,  &c.,  not  to  be  thrown  in 50  22  348 

duty  of  harbor  masters  and  police 51  22  348 

logs  at  private  wharves,  no/e 22  848 

ballast,  dirt,  oyster  shells  thrown  in  harbor  :  52  22  349 

fish,  crabs,  gas  tar,  offal,  &c 53  22  349 

gas  light  companies  not  to  discharge  gas  tar 

or  dregs 54  22  350 

anchorage  buoy :  where  vessels  to  anchor 65  22  360 


SEC.  ART. 

PAGE 

56  22 

360-351 

22 

329, 340 

96  22 

366 

22 

331-338 

Index.  1223 

RAHBOR— Continued. 
vessels  not  to  anchor  in  channels  of  harbor, 

between  Fort  McHenry  and  Light  street 

wharf 

ice  boat,  note 

bathing  in 

basin  nuisance  and  cleansing,  note 

see  Docks,  Wharves,  Wharfage,  Wharfinger, 

Arks  and  Lumber. 

HARBOR  BOARD— 
appointment  of :  of  whom  to  consist:  terms 

of  oflBce :  president  and  quorum 1  22  332 

moneys  received  from  auction  duties 2  22  833 

work  in  harbor  aud  channel 3,5  22              334,335 

obstructions  to  vessels 4  22  334 

meetings  of  board 6  22  335 

report  from 7  22  335 

not  to  be  interested  in  contracts 8  22  336 

appointment  of  engineer,  clerk  and  super- 
visors of  dredges,  &c 9,10  22               836,837 

property  of  late  port  warden's  department...  11  22  337 

vessels  sunk  in  harbor 12  22  337 

encroachments  on  harbor 13  22  338 

building    or    repairing     wharves  :     private 

wharves 14  22  338 

repairing  below  high  water  mark 16  22  339 

dirt,  stones,  &c.,  thrown  in  basin,  &c 16  22  339 

exclusive  control  of 17  22  839 

appropriations 17  22  339 

sediment  at  mouths  of  sewers 18  22  339 

HARBOR  MASTERS— 

pay  to,  from  vessels 11-12  22  319 

how  appointed 14  22  819 

their  duties 19-20  22  341-342 

see  Harbor 

HARBOR  AND  RIVER  RELIEF  BOARD— 

incorporated 47     22  327 

duty  of  board:  vessel  to  keep  harbor  free 

from  ice 48     22  327 

superintendent  and  officers,  &c.,  of  vessel: 

how  vessel  to  be  employed 49     22  327 


1224 


Index. 


HARBOR  AND  RIVER  RELIEF  BOARD -Continued. 

SBC.  ART.  PAGE 

annual  statemeuts  of  receipts  and  expendi- 
tures :  reports  to  legislature  and  mayor 
and  council:  what  to  be  paid  into  treasury, 

&c 50     22  328 

requisitions  for  money  upon  State  comptrol- 
ler and  register :  use  of  city  wharf  prop- 
erty   61  22  328-329 

powers  of  board 52     22  330 

members  to  receive  no  salary,  &c :  oath 53     22  331 

ice  boat,  note ...                   22  329,  340 

HARMAN'S  BRIDGE—  92,22,47  363,993 

HAY— 

where  to  be  kept.. 49-50     20  299 

HAY  AND  STRAW— 

inspection  of. 12-34  28  483-489 

sale  of,  regulated 18  28  622 

weight  of 14,19  28  483,514 

HEALTH— 

corporation  to  pass  ordinances  to  preserve 

health  of  city,  remove  nuisances,  &c 1  23  376 

nuisances 2-7  23  376-378 

chemical  laboratories 8  23  378 

pharmacists 9-19  23  378-382 

small  pox 20-29,119-130  23     382-384,421- 

424 

altering  grade  of  streets  for 30  23  385 

dirt  and  filth  in  streets 31  23  385 

board  of  health 1-13  23  385-388 

commissioners  to  inspect  streets,  &c 14  23  388 

to  examine  lots,  &c.:    notice  to  owners  to  re- 
move nuisance  :  neglect,  &c 15  23  888 

nuisances,  when  to  be  removed  at  expense  of 

city 16  23  889 

when  commissioner  may  enter  on  premises...  17  28  889 

his  duty  as  to  docks,  &c. :  notice  to  be  given  18  28  889 

draining  low  grounds 19  28  890 

power  to  enter  on  lots  causing  nuisances: 

neglect  to  remove  nuisances 20  23  890 

notice  when  no  owner  can  be  found 21  23  890 

public  notice  to  be  given  when  owner  does 

not  reside  iu  city 22  23  891 


Index.  1225 

UEALTE— Continued.  sec.  akt.  page 

expenses  and  penalty  to  become  a  lien  on 

property 23     23  391 

proceedings  when  property  belongs  to  per- 
sons residing  out  of  State 

persons  in  possession  to  be  deemed  owners... 

powers  as  to  hydrants,  &c 

persons  refusing  to  obey  shall  pay  expenses.. 

cellars,  &c.,  to  be  filled 

frame  buildings  to  be  raised  up ;. 

lumber  and  wood  yards  regulated 

gutters  to  be  kept  clean 

nauseus  liquors  not  to  be  thrown  in  streets, 

decision,  note , 

filthy  stables 

carion,&c,,  to  be  buried 

manure  not  to  be  deposited  within  certain 

limits 

persons  not  to  deposit  filth  on  premises 

removal 

filth  outside  city  limits .* 

bone  dealers , 

when   oyster  shells   dumpable   within    city 

limits 

removal  of  oyster  shells  within  city  limits.... 

when  hawking  oysters  prohibited 

unlawful  to  erect  lime  kilns 

ground  within  city  limits  not  to  be  used  for 

ice  ponds  or  skating  rinks 44     23  897 

horses  not  to  be  driven  or  ridden  into  Jones' 

Falls 47     23  898 

adulterating  milk 48     23  398 

milk  from  diseased  cows 48     23  398 

slop  carts  across  streets 49     23  898 

fish  to  be  placed  under  roof. 50    23  398 

flying  horses,  &c.,  prohibited 51     23  399 

digging  up  streets  by  gas  companies,  railroad 

companies,  &c 52    23  399 

unpaved  private  alleys 53     28  399 

chemical  preparations  for  roofing,  or  other 

purposes,  prohibited  within  city  limits 54     23  400 

composition  roofing:  sanction  of  mayor  and 

city  council :  application  to  be  published..  55     23  400 

manufacture  of   copal   varnish   prohibited  : 

boiling,  &c.,  bones ..,., 56-57     23  401 


24 

23 

391 

25 

28 

892 

26 

28 

892 

27 

28 

■   392 

28 

23  • 

398 

29 

23 

893 

30 

23 

893 

31 

23 

394 

32 

23 

894 

33 

23 

894 

84 

23 

896 

35 

28 

896 

86 

88 

896 

87 

38 

895 

38 

28 

896 

39 

23 

896 

40 

23 

896 

41 

23 

396 

42 

28 

897 

48 

23 

897 

1226  Index. 

HEALTH — Continued.  8ec.  art.  faok 

erecting  or  rebuilding  distilleries,  &c.,  within 

limits  of  city,  decision,  «oie 58  23  401 

using  buildings  as  soap  or  candle  factories 

within  city  limits  without  permission 59  23  402 

.    applications  for  same  to  be  published  60  23  402 

mills  used  for  pulverizing  charcoal  not  to  be 

erected  without  permission 61  23  402 

erecting  paint  factories  without  certain  writ- 
ten consent 62  23  402 

manufacturing  oil  of  vitriol,  &c 63  23  408 

cotton  wadding,  &c.,  not  to  be  made  within 

direct  taxation 64  23  408 

brick  kilns,  &c.,  regulated 65  23  408 

daughter-house   nuisance:    health   commis- 
sioner to  report  to  mayor 66  23  404 

duty  of  mayor :  notice .'  67  23  404 

slaughter-houses  and  hide-houses  within  city 

limits 68  23  404 

penalty  for  keeping  hogs  in  stys,  yards,  &c.; 

pork  butchers  or  packers 69  23  405 

victuallers  to  keep  hogs:  permit 70  23  406 

health  commissioner  to  visit  premises:  permit  71  23  406 

penalty  for  keeping  hogs  without  permit 72  23         *  406 

Potter's  fields   regulated :  penalty,  decision, 

note 73  23  406 

dead  bodies  not  recognized :  how  disposed  of  74  23  406 

privies 75-90  23  407-412 

removal  of  garbage,  manure  and  refuse 91-106  28  413-417 

superintendents  of  streets 107-118  28  417-421 

quarantine  and  marine  hospital... 131-154  23  424-441 

duty  of  health  commissioner  as  to  registration 

of  births  and  deaths 1-10  41               834-837 

HEALTH  COMMISSIONER— 

board  of  health  appointed :  duties  prescribed  1  23  885 

salaries 2  23  385 

meetings  of  board  :  record  of  proceedings 3  23  285 

cojnmissioner  of  health  to  enforce  ordinances: 

to  decide  appeals 4  23  886 

duties  of  commissioner 5  23  886 

assistant  commissioner 6  23  886 

marine  hospital  physician  to  attend  meetings 

ofboard ^ 7  23  386 

police  officers  to  execute  orders 8  23  887 


Indbx.  1327 

HEALTH  COMMISSIONER— Cbn^inwgrf.  bkc.  art.  page 
preservation  of  the  public  health:  informa- 
tion as  to  health  of  city 9  23  887 

expenses  of  the  board,  how  defrayed :  annual 

statement 10  23             »        387 

penalty  for  obstructing  the  board 11  23  387 

penalty  for  refusing  to  obey  orders  of  board  12  28  888 

contracts,  how  made 13  28  388 

see  Health,  Streets,  Quarantine. 

HEBREW  ORPHAN  ASYLUM— 

objects  and  powers 31-32     62  1116-1117 

HENRY  WATSON  CHILDREN'S  AID  SOCIETY— 

objects  and  powers 26     52  1114 

HIDES— 

damaged,  not  to  be  brought  into  city 137     28  429 

HIDE-HOUSES— 

not  to  be  erected  within  city  limits 68     23  404 

HIGHWAYS  AND  BRIDGES— 

tax  for 18-14    49  1065 

HITCHING-POSTS— 
on  streets 121     47  1035 

HOGS— 

cattle  or  sheep,  driving  through  streets 131-137  47  1039-1040 

cattle  and  goats  not  to  run  at  large 188-141  49  1041 

pens,  over  lakes,  &c 15  49  1127 

keeping 69-72  23  404-406 

see  Swine. 

HOGSHEADS— 
in  streets  regulated 115    47  1038 

HOISTWAYS— 

protection  of  lives  of  firemen  from 37-39       7  122 

HOLIDAY— 
municipal 1     24  442 

HOLLINS  STREET  MARKET— 

limits  of. 102  36  660 

bond  of  clerk 103  35  660 

stalls  in , 104  35  661 

HOME  OF  THE  FRIENDLESS— 
powers^  &c.,  of. 20-25    52  1112-1114 


12^8  Index. 

HORSES —  SEC.  ART.  PAGE 

cruelty  to 2-4  15  240-241 

of  street  superintendents..., 91,93,  109  23       413,414,418 

when  racing  prohibited 6  31  312 

sale  of,  at  auction 14,27  6  95,98 

sale  of,  at  Centre  Market * 81  35  655 

in  markets  regulated 46,48  85  642,643 

driven  through  streets  on  Sunday 1  42  841 

not  to  be  shod  in  streets 120  47  1034 

not  to  be  driven  or  ridden  into  Jones' Falls...  47  23  398 
horses,  carti?,   &c.,   not   to    occupy    certain 

streets 44  8  144 

what  carts,  &c.,  excepted. 45  8  144 

conditions 46  8  145 

carts,  &c.,  not  used  to  sell  from,  to  be  re- 
moved   47  8  145 

stands 41-50  8  143-146 

see  Carriages  and  Horses. 

HOSPITALS— 

city  may  erect,  or  pest-houses 1  25  445 

marine 131  23  424 

persons  with  contagious  diseases  sent  to  ma- 
rine   136  23  429 

Maryland 2-3,6  25       445-446,448 

insane  asylums 1-3,  6-10  25      446,  448-450 

Johns  Hopkins,  no<e,  act  of  1874,  c.  291 25  447 

within  limits  of  direct  taxation , 4-5  25  446-447 

of  Washington  University  and  University  of 

Maryland 11-16  25  450-451 

what  indigent  sick  sent  to 11  25  460 

appropriations  for 17  26  451-462 

acts  relating  to  hospitals  and  asylums,  note..  25  462-453 

decision,  note 25  445 

see  Vagrants 62 

HOUSES— 

seeBuildings 7  108-125 

numbering 22  7  116 

permits  for  bay  windows,  &c 26  7  117 

spouting  and  gutters  to 32  7  120 

awnings  to 84-35  7  121 

party  walls  and  partition  fences 41-45  7  123-126 

chimneys  to  and  fire-places  in 1-18  9  147-163 

prevention  of  ire  in 44,49  20  298,299 


Index. 


1229 


HOUSES — Continued.  sec.  art, 
part  of,  taken  by  commissioners  for  opening 

streets 7    47 

permits  from  Appeal  Tax  Court  to  erect 22-27     49 

vacant,  to  be  properly  secured 42     20 

notice  to  owners  of,  from  fire  inspector 42     20 

reward  for  arrest  of  person  setting  fire  to 43     20 

gunpowder  in '. 55     20 

use  of  streets  by  builders  of. 14-15       7 

slate  and  other  roofs 16       7 

steps,  porches  and  porticos  to 17       7 

decisions,  note .• 7 

HOUSEKEEPERS— 

duties  of,  as  to  offal,  coal  and  ashes 92     23 

notice  from  assistant  health  commissioner....  92     28 

..HOUSE  OF  THE  GOOD  SHEPHERD— 

powers 28-36     26 

see  Vagrants .•  52 

lOUSE  OF  REFORMATION— 

and  instruction  for  colored  children 13-22     26 

see  Vagrants 52 

lOUSE  OF  REFUGE— 

white  male  children 1-12    26 

see  Vagrants 52 

^HYDRANTS— 

power  of  board  of  health  as  to  26     23 

see  Water 58 

ICE— 

ponds  and  skating  rinks  prohibited.. 44    28 

what,  and  snow  to  be  cleared  away  by  street 

superintendents 108     23 

to  be  sold  by  weight ^ 50     28 

standard  weight 51     28 

from  roofs 16       7 

removal  of,  from  footways,  &c 108,125-127  23,47 

and  snow  in  streets,  salt  not  to  be  used  to 

melt 126     47 

decisions  as  to  liability  of  city,  note 47 

ICE-BOATS— 

authorized , 22 


PAGE 

996-998 
1077-1078 
298 
298 
298 
303 

113-114 
114 
114 
125 

413 
413 


465-468 


459-468 


456-459 


392 


397 

417 
532 
532 
114 

417, 1036- 
1037 

1038 
1036 

327,  340 


1230  Index. 

ILLUMINATING  OILS—  sec.  art. 

inspection  of  oils  or  fluids  fronn  petroleum...  13-14  20 

manufacture  of 69  20 

storageof 60-66  20 

fire  test 15  20 

barrels  to  bear  name,  &c.,  of  manufacturer  : 

warrant 16-17  20 

when  purcliaser  may  recover 18  20 

accident    from    explosion:     prosecution    of 

seller 19  20 

when  inspectorto  decide  as  to  quality  of  oil, 

&c 20  20 

false  report  by  inspector  of  fire   test  of  oil : 

penalty 21  20 

to  what,  law  not  applicable 22  20 

IMMIGRANTS— 

commanders  of  vessels  to  report  age  and  oc- 
cupation of  immigrants  to  mayor  or  register  1  27 
to  give  bond  to  indemnify  city,  from  support 

of 2  27 

amount  and  security  of  bond. 3  27 

stock  may  be  pledged  or  money  deposited 

in  lieu  of  bond 4  27 

approval  by  mayor 5  27 

commander  may  commute  for  bond 6  27 

landing  passenger  out  of  city 7  27 

penalties  and  forfeitures,  how  recovered 8  27 

mayor  may  compound  for  or  remit 9  27 

commutation  money  :  how  distributed 10  27 

fines :  how  distributed 11  27 

compensation  of  register 12  27 

persons  excepted 18  27 

societies  for  aid  of,  note 27 

presidents  of  societies,  visitors  to  marine  hos- 
pital   163  28 

INDECENT  EXHIBITIONS— 

penalty  for 1  51 

INDUSTRIAL  SCHOOL— 

for  girls, 23-24  26 

INFECTED  DISTRICTS— 

to  be  fenced  in,  &c 129  23 

mayor  to  convene  couacil 180  23 


Index. 


1231 


INFORMER—  SEC.  art. 
not  entitled  to  part  of  fine  or  penalty  under 

ordinances 7     19 

when  liable  for  costs 6     I9 

rights  of. 4     19 

one-half  of  fines  to,  under  Public   General 

Law. 19 

INJUNCTION— 

bonds  executed  by  mayor 3       1 

INNOCULATION— 

prohibited 128  23 

INQUESTS— 

coroner's 3     12 

INSOLVENTS— 

jurisdiction  over,  decision,  note 2     14 

when  released  from  fines,  note 19 

INSPECTIONS— 

ofbuildings 20-45      7 

fire 2-9,  41-43  20 

oils 13-22  23 

what  acts  relating  to,  repealed 28 

gas  meters 1-3  28 

casks  and  liquors 4-11  28 

hay  and  straw 12-34  28 

livestock 35-54  28 

manure 55  28 

oysters 56-57  28 

steam  boilers 58-75  28 

weighers  of  grain 76-100  28 

measurement  of  wood  carts 101-105  28 

city 106  28 

gas  meters 2-11  28 

illuminating  gas 12-17  28 

hay  and  straw 18  28 

reports  of  city  inspectors 19  28 

of  goods  on  streets 20,116  28,47 

see  Weights  and  Measures. 

INSTITUTE  MARKET— 

wagons  outside 84  25 

keeper   to    market-house    under    Institute: 

duties,&c 85-86  25 

market  doors 87  35 

tlefacing,  ice,  Maryland  Institute  building :  88  85 


279-: 


PAOE 

276 
276 
275 

271 

16 

423 

171 

182,  183 
272 

115-126 
282, 297- 

298 
282-284 

616 

480 
481-483 
483-489 
490-495 

495 
495-498 
496-502 
502-509 
509-511 

512 
517-520 
520-522 

522 

523 
523, 1033 


666 

656 

656-667 

667 


1232 


Index. 


INSURANCE—  SEC.  art. 

of  city  property 4,6,7  11 

of  lives  of  firemen,  &c.,  of  fire  department...  27-28  20 

companies  to  appoint  fire  inspector 41  20 

INTERNAL  IMPROVEMENTS— 

how,  may  be  authorized 7  1 

see  Stocks,  Loans  and  Finance 46 

IRON— 

sale  of  manufactured 47  6 

IVORY  BLACK— 

manufacture  of. 68  23 

JAIL— 

warden's  duties  as  to  commitments 23-26  14 

charges,  when  paid  by  register 10  19 

mayor  and  council  to  appoint  visitors  :   their 
powers  and  duties:  ordinance  to  be  passed: 

efiect  of  same 1  29 

title  to  property  :  powers  and  privileges 2  29 

oath  of  visitors 3  29 

quorum 4  29 

president  and  secretary 5  29 

duties 6  29 

times  of  meeting 7  29 

power  to  make  by-laws  and  visit  jail 8  29 

to  provide  for  prisoners  and  repair  jail..  9  29 

to  keep  convicts  separate  from  persons  await- 
ing trial :  labor 10  29 

to  require  vagrants  to  work 11  29 

may  employ  and  pay  others  by  consent 12  29 

to  keep  accounts  of  expenses 13  29 

warden  14  29 

pay  and  fees  of  warden  :  appeal 15  29 

bond  of  warden 16  29 

oath 17  29 

visitors  to  prescribe  number  of  assistants: 

warden  to  appoint  and  remove 18  29 

commitments  to  be  directed  to  warden 19  29 

to  conduct  prisoners  to  and  from  court 20  29 

to  account  for  all  jail  fees 21  29 

his  compensation 22  29 

may  be  removed  by  visitors 23  29 

visitors  to  report  annually  to  mayor  and 

city  council  expenses  of. 24  29 


PAGE 

159, 160, 161 

292-293 

297 

6 


106 

408 

203-204 
275: 


534,  541 
534 
534 
535 
535 
535 
535 
635 
535 

636 
536 
536 
536 
536 
636 
537 
537 

537 
637 
537 
638 
538 
538 

538 


Indbz. 


1233 


JAIL — Continued.  sec.  art.  page 
warden  not  to  sell  liquors,  and  penalty  for 

so  doing 25     29  538 

no  liquors  to  be  brought  into  jail 26     29  638 

no  persons  except  attorneys,  &c.,  to   visit 

prisoners 27     29  539 

penalty  against  warden  for  bringing  liquor 

into  jail 28     29  639 

penalty  against  assistants,  &c.,  for  bringing 

liquor  into  jail,  or  admitting  unauthorized 

persons 29     29  539 

labor 30     29  539 

prisoners  to  be  kept  on  prison  fare 81     29  539 

who  to  visit  condemned  persons 32    29  540 

persons  under  sentence  of  death,  how  not  to 

betreated 38     29  640 

convicts  to  be  kept  at  hard  labor 84     29  540 

to  be  kept  separate  from  persons  awaiting 

trial,  &c 35     29  640 

warden  to  send  list  of  vagrants  to  Criminal 

Court :  justices' costs ", 36     29  540 

stock 34     46  919 

building,  &c.,  no/« 29  541 

persons  committed  to,  for  fines,  when  dis- 
charged, no^e 29  271 

JANITOR— 

of  Orphans' Court 8     14  238 

of  offices  in  Masonic  hall 9     14  238 

JOHNS  HOPKINS   HOSPITAL— 

act  of  1874,  c.  291 25  447 

statue  to  be  erected,  no^e 26  447 

Johns  Hopkins  University,  act,  &c 43  847 

JONES'  FALLS— 

landing  lumber  on 24     22  342 

bathing  in 96     22  366 

driving  or  riding  horses,  (fee,  into 47     23  398 

privies  not  to  be  erected  on 84     23  410 

improvement,  &c.,  of. 1-7, 1-10     30     543-546,548- 

553 

decision,  nofe 80  554 

stock 8-10,11-12     30       546-547,553 

ordinances  repealed,  no<e 30  553 

owners  of  property  on 11     30  548 


1234  Index. 

JONES'  FALLS — Continued.  sec.  art.  page 

building,  repairing,  &c.,  walls 13     30  554 

refusal  or  neglect:  duty  of  city  commissioner; 

cost,  a  lien 14     30  555-556 

overflow   of :    duty   of    city    commissiorier : 

register  to  pay 10     30  653 

see  Appendix 30  11G7-1168 

JUDGMENTS— 

supersedeas  of,  when  not  taken  by  justices...  98     14  228 

under  act  of  '64,  c.  6,  decisions,  notes 14  194-200 

JURIES— 

coroner's 3     12  171 

in  Circuit  Court,  decision,  noie 16     14  201 

grand 26,  36,  21   14.  81  204,  206,  565 

decision,  note 31  558 

when  none  on  Saturday  in  Criminal  Court...  38     14  205 

grand,  in  matter  of  elections 17-19     17  256-268 

judges  of  Supreme  Bench  to  select   list   of 

jurors,  and  when  :  number  list  to  contain..  1     31  558 

collector  to  file  with  clerk  of  Superior  Court 
list  of  taxable  males :  pay  of  collector  for 

so  doing 2     31  558 

what  clerks  of  ceurts  to  do  after  list  is  pre- 
pared :  sheriff  or  his  deputies  to  attend : 

their  duties 3     31  559 

penalty  for  frauds  relating  to  drawing 4     31  559 

sheriff  to  summon  twenty-three  men  as  grand 

jurors 5     81  560 

twenty-five  first  in  order  on  list  to  serve  in 

Superior  Court 6     31  560 

CityCourt 7     31  560 

Court  of  Common  Pleas 8     31  560 

Criminal  Court 9     31  561 

names  drawn  to  be  entered  into  books:  books 
to  be  certified,  by  judges,  and  called  jury 

books 10     31  561 

where  books  to  be  deposited :  sheriff  to  sum- 
mon juries  drawn  for  each  court 11     31  561 

duty  of  sheriff  when  juror  drawn  disc[ualified  12     31  561 
petit  jurors,  how  long  to  serve  :  how  and  for 
what  to   be  excused:     penalty    for   non- 
attendance 13     31  562 

summoning  talesmen :  duty  of  sherifif 14     31  562 


Index.  I235 

JURIES — Continued.  sec.  art.  page 

when  talesmen  to  be  summoned  from  regular 

panels  of  other  courts :  in  such  case,  so 

noauy  regular  panels  to  be  exchanged  :  how 

long  exchange  to  continue 15     31  563 

jury  lists,  how  revised  and  kept  up:  juror 

exempt  for  two  years  after  service 

special  juries  to  be  summoned  from  jury  lists 

penalty  on  sheriff. 

any  two  judges  may  act 

State's  attorn «y    may    challenge    any    five 

jurors  peremptorily  

grand  jury  to  visit  jail 

provisions  construed  as  directory  :  neglectful 

officers 

pay  of  jurors 

when  members  of  militia  companies  exempt 

from  jury  service 

decision  as  to,  note ^ 

decision  on  motion  for  new  trial,  on  account 

of  juror  being  under  26,  note 

clerks  of  courts  to  furnish  names  of  jurors  to 

register 

certificate  to  be  presented  to  register  :  regis- 
ter to  pay  amount 

list  of  licenses  returned  by  sheriff  to  grand 

jury 

orders  received  in  payment  of  taxes 

see  Tenants  for  Years 

JURISDICTION— 

of  justices,  decisions,  no<c« 

of  courts,  decisions,  notes 

JUSTICES  OF  THE  PEACE  — 

mayor  may  act  as , 8       1  11 

to  issue  subpoenas,  &c.,  for  arbitration  com- 
mittee of  Baltimore  Corn  and  Flour  Ex- 
change  

proceeding  in  liens  of  livery  stable  keepers... 

affidavit  before,  to  pay  rolls 

governor  to  appoint 16, 17, 

term  of  office • 

mandamus  against,  for  removal  of  case,  &c., 
decisions,  notes 14  220-222 


16 

81 

563 

17 

31 

664 

18 

31 

664 

19 

31 

564 

20 

31 

565 

21 

31 

565 

22 

81 

666 

23 

31 

565 

24 

31 

566 

31 

566 

31 

567 

1 

31 

567 

2 

31 

568 

11 

33 

678 

43 

49 
60 

1084 

14 

219,  234 

14 

182,  186 

6 

3 

81 

16 

8 

132 

4 

11 

160 

77 

14 

189,  190,  218 

16 

14 

189 

1236         .  Inpex. 

JUSTICES  OF  THE  VE ACE— Continued.  sec.  art.  page 

appointment  and  removal  of. 16, 17,  77  14       189,  190,  218 

jurisdiction,  decisions,  «oies • 16  11       189,219,234 

vacancies 17  14  190 

number  of. 77  14  218 

bonds 78  14  218 

office  hours  of 79  14  219 

not  to  issue  writ  but  on  application  of  plain- 
tiff or  attorney 80  14  219 

before  whom  summons  may  be  made  return- 
able and  case  tried 81  14  219 

pay  when  called  from  office 82  14  221 

where  to  keep  his  office 83  14  222 

station-houses :  hours  of  service 84  14  222 

change  of  station-houses 85  14  223 

salary  of  station-house  justic^s 86  14  223 

certificate  of  police  commissioners :  fees,  &c.,  86  14  224 
when  station-house  justices  appointed  tempo- 
rarily by  police  commissioners :  per  diem,  87  14  224 

not  to  be  paid  fees  by  city =  88  14  226 

writs,  how  served 89  14  225 

State  writs  or  summons,  how  made  returna- 
ble   90  14  225 

before  whom   persons  arrested  on   criminal 

charges,  &c.,  taken 91  14  226 

statement  of  accounts  of  State  and  city  fines,  92-93  14  226 

affidavit  of  justice  as  to  accounts 94  14  227 

how  costs  accounted  for 95  14  227 

when  justice  to   be  removed  :  no   deputy  in 

serving  writ 97  14  228 

supersedeas,  when  not  taken  by  justices 98  14  228 

papers,  &c.,  of  deceased  justice 99  14  228 

fees  of 100  14               228-230 

costs 103-104  14  231-232 

appeals  from 2,8,10,16  14       183,186,189 

in  criminal  cases 21-22  14  203 

when  persons  committed  for  fines  by,  to  be 

discharged,  noie 19  271 

recovery  of  fines,  penalties  and  forfeitures...  1,1-8  19       270,274-276 

appeal 2  19  271 

disputes  as  to  property  saved  from  fire 7  20  281 

costs  for  warrant,  commitment,  &c.,  for  va- 
grant   16  62  1110 

warrant  from,  for  police  to  enter  gambling 

houses 4  21  811 


Index. 


1237 


JUSTICES  OF  THE  ?E AGE— Continued.  sec.  art.                  page 

warrant  from,  to  search  for  gunpowder 67     20                       305 

returns  to  State  treasurer  from,  of  fines  for 
landing  wood  and  lumber  on  Pratt  street 

wharf,  &c 41     22                      325 

ejection  of  tenants,  decisions,  no<M 50           1099-1103 

Bee  Tenants  for  Years 50 

see  Vagrants 52 

KITCHEN— 

oflfal,  &c 92     23                       413 

KITES— 

flyiug  prohibited 129     47                    1039 

LAND— 

lien  of  auction  duties 6      6                        93 

made  by  improvements  of  city  dock 10     22                      320 

riparian  rights,  decisions,  nofe 22                      370 

LANDLORD  AND   TENANT— 

see  Tenants  for  Years 50 

LAMPS— 

attached  to  wooden  buildings 11       7                      112 

when  lighted,  not  to  be  carried  into  stables: 

notice 44,48     20               298,299 

to  be  lighted  in  front  of  fire  engine  houses...  24     20                      291 

power  to  erect,  &c 14,84     47             991,1024 

and  pillars 84     47                     1024 

register  to  pay 85     47                     1024 

name  of  streets  on 86     47                     1024 

new  to  have  names  on 87     47                     1024 

destroying,  &o 88     47                     1025 

private  regulated 89     47                     1025 

lighting  or  extinguishing  public 90     47                     1025 

superintendents  of  lamplighters,  and 91-93     47           1025-1027 

general  superintendent  of 91     47           1026^1164 

lighted  near  vaults,  openings,  &c 110     47                     1031 

LARCENY— 

jurisdiction  of  Criminal  Court,  no<c 14                      203 

LEAD— 

pigments  of 63     23                       403 

LEGISLATURE— 

to  authorize  debt  or  credit 7       1                         6 

how  far,  may  change  constitution  as  to  city,  9       1                          7 


1238 


Index. 


LEGISLATURE— Coni!mMcd  sec.  art. 
corporation  of  Baltimore,  creature  of,  deci- 

BionSftiote 1 

LEGISLATIVE— 

districts,  three 39  1 

justices  of  the  peace  to  keep  office  in 83  14 

LEASES— 

of  city  property 2,14  1,47 

LEATHER— 

sale  of  manufactured 47  6 

LEXINGTON  MARKET— 

limits  of:   wagons 108  36 

bond  of  clerk 109  35 

assistant  clerk 110  35 

rent  of  stalls Ill  35 

what  limits  hucksters  to  keep 112  35 

meats  and  cooked  provisions 112  35 

LIBRARIAN— 

duties,  &c , 1-7  32 

keeper  of  records 56  1 

assistant 8-11  32 

LIBRARIES— 

for  public  schools.: 41-42  43 

Peabody  :  ordinances,  &c.,  sent  to 21  1 

ofcity 2  32 

LICENSES— 

comptroller  to  issue 4  11 

to  auctioneers 10-42  6 

manufacturers  of  iron,  leather  or  tobacco 47  6 

for  hackney  coaches, carriages  and  vehicles  1-13, 26-37  8     127- 

for  draymen,  wagoners,  carters,  porters  and 

watermen 1,32  8- 

boats  and  scows 32  8 

numbers,  for  carriages,  &c 28-37  8 

when  to  terminate  and  be  renewed 29  8 

rate  of,  for  carriages,  &c 32  8 

false  entry  and  change  of  number  of  car- 
riages, &c.,. . 33  8 

carriages  not  to  be  used  for  hire  without  be- 
ing licensed  and  numbered 34  8 

notice  from  register 36  8 


58 

222 

10 

,908 

106 

662 

662 

663 

663 

663 

663 

570 

-572 

64 

573 

589 

20 

570 

159 

93 

-105 

106 

131, 

138- 

142 

127 

141 

141 

189- 

-142 

140 

141 

141 

141 
142 


Index.  1239 

LICENSES — Continued,  bec.  abt.  page 

violating  rules  as  to  carriages,  &c 37       8  142 

whatjClerkof  Court  of  CommoD  Pleas  to  issue  12     14  187 
commissions  of  one  percent,  to  clerk  of  Court 

of  Common  Pleas,  under  act  of  1876,  c.  363  33  577 

penalty  for  refusing  to  show,  of  vessel 27     22  342 

to  empty  privies  or  vaults 75-76     23  407 

arrest  of  licensed  nightman  violating  health 

ordinance,  decision,  no^e 28  412 

to  sell  charcoal 47     28  531 

for  billiard  tables 1-3,1-4     33     575-576,579- 

580 

wood 4-6     33  576 

non-resident  traders,  decisions,  note 88  577 

permits  to  peddlers  of  small  wares 8     33  577 

pawnbrokers 9,29-38     33       577,587-590 

theatrical  and  public  amusements 10,  1-18     83       577,679-584 

duty  of  sheriff 11     88  578 

dogs 19-28     33  584-587 

selling  in  streets 39-42     33  590-591 

renting  stalls,  &c.,  in  markets,  decision,  note,  154     35  032-634 

stalls,  &c.,  in  markets 26,32,34-36     35       637,639,640 

selling  on  Sunday 2     42  839 

on  cars  of  city  railroads 107     40  768 

see  Inspections 28 

seo  Markets 36 

LIEN— 

of  auction  duties 6       6  93 

of  livery  stable  keepers 14-16       8  132 

of  costs  for  paving 4     23  377 

in  removal  of  nuisances  23     23  391 

of  taxes,  decision?,  Tiofe 4     49  1060 

LIFE  INSURANCE— 

of  members  of  fire  department 27-28     20  292-293 

LIGHTNING  RODS— 

on  city  buildings 40      7  123 

LIGHT  STREET  WHARF— 

encroaching  on 68     22  355 

fire  or  cord  wood  on 69-72     22  356-357 

decisions  as  to,  nofe 22  355-356 

LIGHT  STREET  BRIDGE— 

act,  &c 22, 47  364, 993 


1240 


Index. 


LIME —  SEC.  ART.  PAGE 

chloride  of 63     23  403 

LIME  KILNS— 

where  unlawful  to  erect 43     23  397 

LIMITATIONS- 
CD  claims  against  city 29       1  23 

under  act  of  '64,  c.  C,  decision,  note 14  196 

on  collection  of  taxes 11-12     49  1064 

on  claims  for  return  of  taxes 9     49  1074 

LIVERY  STABLES— 

lien  of  keepers  of. 14-16       8  132 

buildings  for  hiring,  sale  or,  not  to  be  erected 

without  permit  from  mayor  or  council 38-40       8  142-143 

LIVE  STOCK— 

inspection  of 35-54     28  490-495 

brought  to  city  on  Sunday 1     42  841 

LOANS,  aUARANTIES,  &c.— 

Baltimore  and  Ohio  R.  R.  Co 38     46  922-930 

Northern  Central  Railway  Co 39     46  931-988 

Northwestern  Va,  Railroad  Co 40     46  938-939 

Pittsburg  and  Connellsville  Railroad  Co 41     46  940-942 

Union  Railroad  Co 42    46  943-950 

Virginia  Valley  Railroad  Co 43     36  960-952 

Western  Maryland  Railroad  Co 44     46  952-974 

Hillen  station 45     46  974-976 

acts  relating  to  Western  Md.  R.  R.  Co.,  note,  46  976-978 

subscriptions  authorized  by  acts,  note 46  979 

LOCOMOTIVE  ENGINES— 

permission  to  use  engines  on  certain  streets,  13     40  726 

engines  regulated :  bell  to  be  rung 14     40  727 

penalty  for  use  beyond  limits  prescribed 15     40  727 

permission  to  use  wood,  &c 16     40  727 

speed  regulated 17     40  728 

application  of  ordinances 18     40  728 

through  streets,  decision,  noifc 40  728 

see  Kailroads 40 

LOGS— 

in  front  of  wharves,  nofc 22  848 

LONG  BULLETS— 

prohibited 6     21  812 


Index. 


1241 


LUMBER—  sKc.  ABT. 

tonnage  on 13  22 

where  not  to  be  landed 38-41  22 

wharfageon 21-24  22 

notice  from  harbor  master  to  remove 22  21 

landing 24  22 

projecting  from  aides  of  vessels 42  22 

on  wharves 64  22 

on  Bowly's  wharf 65  22 

rates  of  wharfage  on 66  22 

on  McElderry's  or  Dugan's  wharves 78-75  22 

on  Light  street  wharf 69  22 

drifting  of,  in  harbor 87-90  22 

yards 30  23 

in  streets  regulated 119  47 

McDONOGH  EDUCATIONAL  FUND— 

board  of  trustees 1-8  34 

bequest,  &c.,  no^e 9  84 

MANUFACTURES— 

prohibited 54-66  23 

of  silver  plate 1-14  6 

of  iron,  leather  and  tobacco. 47  6 

of  oils 59  20 

of  soap  and  candles 1,69  23 

of  chemicals  for  roofing 64  23 

composition  roofing 56  23 

copal  varnish 66  23 

boiling  bones 66  23 

distilleries 68  23 

pulverized  charcoal 61  23 

paiats 62  23 

oil  of  vitriol  or  sulphuric  acid,  nitric  acid  or 
aqua  fortis,  muriatic  acid,  crude  ammonia, 
ivory  black,  alum,  chloride  of  lime  or 
bleaching  salts,  pigments  of  lead  :  burning 

horns,  blood  or  bones 63  23 

cotton  wadding,  caps  or  bats 64  38 

brick  kilns 66  23 

limekilns 43  23 

MANURE— 

not  to  be  deposited  in  city 36  23 

removal  of 91-106  23 

carts  for  removal  of. 91-98  28 


FAQE 

319 
326 

341-342 
341 
642 
346 
354 
864 
354 

357-868 
366 

361-363 

393 

1034 

692-595 
695-618 

400-404 

85-89 

106 

304 

376, 402 
400 
400 
401 
401 
401 
401 
401 


403 
403 
403 

397 

895 
413,417 
418-415 


1242  Index. 

MANURE — Continued.  sec.  art.  page 
what,  not  to  be  removed  without  authority 

of  health  commissioner 100  23  415 

contents  of  load  of 56  '  28  495 

MARINE  HOSPITAL— 

and  quarantine 131-154  23  424-437 

powers  of  physician,  decision,  no^e 23  437-441 

telegraph  to,  «oic 20  294 

see  Appendix 113  23  1167 

MARINERS— 

dying  intestate,  decision,  no^e 14  208 

MARKETS— 

carts,  wagons,  &c.,  at 21-22      8  137-138 

houses  to  be  cleaned  on  Sunday  morning 113  23  419 

keepers  of  standards  of  weights  and  measures 

to  visit 36  28  528 

duty  of  clerks  of,  as  to  standards 37  28  529 

scales 44  35  642 

corporation  may  erect  and  regulate 1  35  622 

decision,  &c.,no<e 35  622-623 

penalty  for  buying  to  sell  again  in- 2-3  35  623 

weight  of  butter:  forfeited  for  light  weight,  4  35  624 
clerks  may  distrain  meat   for  rent   of  stalls, 

fines,  &c 5,6  35  624,630 

no  charge  for  selling  in,  unless  in  stalls 6  35  625 

penalty  for  collecting 7  35  625 

corporation  may  sell  or  lease  stalls 8  35  625 

may  buy  or  lease  land  for  extending  markets  9  35  625 

power  to  condemn  land,  &c.,  proceedings 10-21  35  625-628 

duties  and  powers  of  clerks  of 5,1-55  35  628-645 

tobe  swept,  &c 3  35  629 

bonds  of  clerks 4  35  630 

clerks  to  cause  necessary  repairs  to  be  made,  5  35  630 

police  ofScers  to  attend,  and  aid  clerks 7  35  630 

clerks  to  prevent  idle  or  disorderly  persons 

from  frequenting  market-houses 8  35  631 

duties  of  assistant  clerks 9  35  (531 

penalty  for  resisting  clerks 10  35  631 

notice  on  unrented  stalls 11  35  631 

clerks  to  fix  rent  of  stalls  not  enumerated....  12  36  632 
movable  stalls,  &c.,  to  be  erected :  penalty 

for  injuring  stalls,  &c 13  35  6S2 

clerks  to  collect  ten  cents  for  numbers  of 

stalls 14  35  632 


Index.  1243 

MARKETS — Continued.  sec.  art.  page 
mode  of  renting  stalls,  &c.:  record  to  be  kept 
by  comptroller  :  licenses  for  stalls  transfer- 
able :  rates  of  licenses 16  35  633 

clerks  to  make  monthly  reports  to  comp- 
troller: duty  of  comptroller 16  35  633 

renewal  of  licenses  regulated 17  35  634 

public  sale  of  stalls 18  35  634 

clerks  forbidden  to  rent  places  to  offenders 
against  ordinance :  persons  having  licenses 

not  to  rent  stalls:  duty  of  clerks 19  35  634 

vacant  benches  may  be  occupied 20  36  685 

the  erection  of  certain  structures  prohibited  : 

duty  of  clerks 21  35  635 

butchers' closets  regulated 22  34  6S6 

limits  of  benches  regulated 23  35  636 

regulatiops  for  occupiers  of  benches,  &c 24  36  636 

fruit  and  vegetable  stands 25  35  637 

meat  not  to  be  sold  except  on  butchers' stalls  26  35  637 

sale  of  unsound  meat  prohibited 27  35  638 

mode  of  weighing 28  35  638 

animals,  &c.,  not  to  be  driven  on  brick  pave- 
ments:  killing,  &c,,  in,  prohibited 29  35  638 

cows  not  to  be  brought  in,  during  market 

hours 30  35  638 

sale  of  merchandise,  &c.,  prohibited 31  35  638 

females  whose  stock  In  trade  does  not  exceed 

forty  dollars  may  sell  merchandise  in 32  34  639 

hucksters  to  occupy  only  certain  parts  of.....  83  35  639 
dealers  in  certain  articles  from  carts,  &c.,  to 

obtain  licenses 34  35  639 

sausages,  &c  ,  not  to  be  sold  in  markets  with- 
out license :  duty  of  clerks  of. 35  35  640 

dealers  in  meal  and  flour  to  obtain  licenses...  86  85  640 

sale  of  fresh  meat  regulated 37  35  640 

sale  of  wine,  &c.,  prohibited 38  85  641 

cows,  &c.,  not  to  be  sold  in  streets 89  35  641 

tax  on  sale  of  cows,  &c 40  35  641 

unlawful  to  slaughter  calves  under  four  weeks 

old 41  35  641 

auctions  prohibited  in,  during  market  hours,  42  45  641 

goods  not  to  be  placed  on  footways 43  35  641 

public  scales  and  weights  to  be  taken  care  of : 

rent  of  scales 44  85  642 

wagons,  &c,,  how  to  be  placed  in  markets...  46  35  642 


1244  Indbx. 

MARKETS — Continued.                   2                       sec.  art.  page 

vehicles,  horses,  &c.,  in,  regulated 46  35  642 

streets  not  to  be  obstructed  :  bacon  carts  pro- 
hibited from  passing   through  'streets   on 

Sunday 47  35  643 

location  of  horses,  vehicles,  &c.,  at  certain 

hours 48  35  643 

penalty  for  bringing  carts,  &c.,  into 49  35  644 

avenues,  &c.,  to  be  kept  open 50  35  644 

platof 51  35  .644 

water  not  to  be  drawn  from  Fell's  Point  reser- 
voir for  shipping  purposes 52  35  644 

penalty  for  defacing,  &c 53  35  644 

rights  of  property  holders 54  35  645 

cooking  in,  prohibited 55  36  645 

market  days  and  hours 66-57  36  645-646 

salaries    of    clerks,   assistants,   keepers   and 

cleaners 58  35  646-648 

provisions  applicable  to  certain  markets 113-115  35  663,664 

sale  of  stalls  in  certain  markets  ratified  and 

confirmed 120  35  666 

selling  in,  on  Sunday 2  42  841 

Belair 69-61  36  648-649 

Broadway 62-66  35  649-661 

Canton 67-68  35  661-662 

Centre 69-83  35  652-656 

Institute 84-88  35  656-667 

Cross  street 89-92  35  657-658 

Fell's  Point 93-97  35  658-659 

Hanover 98-101  35  659-660 

Holli us  street 102-104  35  660-661 

Lafayette 105-107  35  661-662 

Lexington 108-112  35  662-663 

Richmond 116-119  35  664-666 

MARYLAND  AND  DELAWARE  SHIP  CANAL— 

eubscription  to,  authorized  by  act 46  979 

MARYLAND  HOSPITAL— 

see  Hospitals 25 

MARYLAND  INDUSTRIAL  SCHOOL— 

for  girls 23-24  26  463 

MAYOR— 

election  of 1,4  1  4,10 

list  of  the  mayors,  noie 1  4 

qualifications 1,4  1  4,10 


Indbx. 


1245 


MAYOR — Continued.  sec.  abt 

term  of  office ; 1,  7 

not  to  hold  any  other  office 5 

not  to  be  interested  in  city  contracts 5 

when  he  may  be  removed  and  by  whom 6 

vacancy  in  office  of,  how  filled  5 

who  to  act  io  case  of  sickness  or  absence  of...  6 

ex-officio 6,2 

salary  of 7,1 

may  act  as  justice  of  the  peace 8 

may  call  on  officers  to  account 8 

to  see  ordinances  executed 9 

his  message 9 

ordinances  to  be  approved  by 10 

may  return  ordinances  with  reasons  for  not 

approving 10 

effect  of  non-return  of  ordinance  by 11 

what  ordinances,  and  council  empowered  to 

pass 26 

ordinances  as  to  appointments  to  office...'.....  27 
when,  to  appoint  city  officers  with  consent  of 

council 27 

register,  commission  of 27 

vacancies,  how  filled 27 

what  officers  to  hold  at  pleasure  of 28,  41 

commissions 28 

compensation  of 1 

of  mayor  ex-officio 2 

authority  to  execute  appeal  bonds,  &c 3 

secretary 4,  6 

clerk 5-6 

power  of  removal  of  city  officers  by 41 

new  appointments   by,   when    may    require 

bond  of  city  officers 42,  44-4P 

as  to  city  contracts 51-54 

oath  of  trustees  of  poor,  before 3       2 

to  designate  where  horses  and  carriages  may 

be  sold 27       6 

to  grant  permits  for  street  auctions 2       6 

contracts  for  city  buildings 23       7 

permits 26       7 

permission  from,  to  builders 14       7 

notice  from,  for  the  removal  of  sheds,  boilers, 

signs,  &c 30       7 

to  regulate  cart  stands 12      8 


PAGE 

4,11 

6 

6 

6 

11 

11 

11,16 

11,16 

11 

11 

12 

12 

12 

12 
12 

14 

16 

15 
16 

15 
16,59 
15 
16 
16 
16 
16,17 
17 
69 

60,61 

62-64 

67 

98 
107 
116 
117 
113 

119 
136 


1246  Index. 

MAYOR — Continued,  sec.  art.                  page 

to  designate  stands  tor  hacks,  &c ....\...  43  8  144 

when,  to  withdraw  carriage  license 26  8  138 

penalty  for  violating  rules  ef,  as  to  horses 

and  carriages 37  8  142 

to  license    and    assign    superintendents    of 

chimney  sweepers 1  9  148 

reports  of  houses  erected  from  superintendents 

of  chimney  sweepers  to 17  9  153 

powers  of,  over  superintendent  of  City  Hall, 
messengers,  watchmen,  engineers  and  fire- 
men  , 1-7  10              154-156 

report  of  accounts  from  comptroller  to  coun- 
cil through 2  11  158 

report  from  comptroller  to,  as  to  appropria- 
tions   4  11  159 

repair  of  city  property  destroyed  by  fire 6  11  160 

to  summon  council  to  fill  vacancy  in  office  of 

register 20  11  164 

substitute  for  law  officer i .  6  13  176 

approbation  of  appeals 8  13  176 

as  to  deaf  mutes 1_3  le  246 

report  to,  from  officers  of  judgments  for  de- 
fendants in  suits  for  fines 2  19  274 

allowance  to  city  officers  from,  for  enforcing 

ordinances 4  19  274 

to  have  money  recovered  from  justices,  &c...  5  19  274 

when,  may  remit  fines 9  19  275 

to  give  register  list  of  fines  remitted 9  19  276 

when,  to  pay  costs  and  jail  charges 10  19  276 

fire  inspector  commissioned  by 2,41  20               279  297 

member  of  board  of  fire  commissioners 1  20  285 

to  fill  vacancy  among  fire  commissioners 2  20  285 

reward  offered  by  chief  engineer  of  fire  de- 
partment with  approval  of...... H  20  289 

report  of  keeper  of  gunpowder  to 52  20  301 

to  issue  search  warrant  for  gunpowder 57  20  304 

president  of  harbor  board 1  22  332 

power  of,  as  to  wharfage "     62  22  353 

as  to  slaughter-houses  66-67  23  404 

as  to  board  of  health 3-10,132  23       385-387,426 

contracts  for  removal  of  garbage,  &c 103-106  23              416-417 

to  visit  marine  hospital 153,154  23  437 

street  superintendents  to  notify,  of  offences 

against  health  ordinances Ill  23  419 


Index.  1247 

MAYOR — Continued.  sec.  art.  page 

when  to  discharge  street  superintendentB 114  23  419 

duty  as  to  vaccine  physicians 121  23  422 

to  convene  council  when  malignant  disease 

in  city  130  23  423 

returns  from  commissioners  of  pensions,  war 

1812., 3  24  443 

to  fill  vacancy  in  board 4  24  443 

powers  and  duties  as  to  immigrants 1-13  27  471-475 

report  from  general  superintendent  of  lamps 

and  inspector  and  sealer  of  gas  meters  to..  2,  10  28  517,  520 
to  appoint  referee  on  appeal   from  inspector 

•fee,  of  gas  meters 5  28  518 

to  approve  apparatus  of  inspector,  &c.,  of 

gas  meters 3,6  28  517,518 

report  of  inspector  of  illuminating  gas  to 13  28  521 

reports  to,  from  city  inspectors 19  28  523 

to  designate  stands  for  measurement  of  char- 
coal   41  28  530 

todividecityintodistricts  for  standard  keepers  38  28  529 

members  of  Jones' Falls  commission 2  30  549 

to  grant  license  to  pawnbrokers 29,87  38  587,590 

as  to  licenses  for  billiards,  (fee 1,18  33  579,584 

as  to  dogs 21-28  33  584-587 

accounts  rendered  to,  by  clerks  of  markets...  4  35  630 

permission  from,  to  place  goods  on  footways,  43  35  641 
to  appoint  custodian   of  public   scales  and 

weights 44  36  642 

member  of  park  commission 7  37  078 

to  ofifer  reward  for  arrest  of  murderers,  &c...  1  38  709 

report  to,  from  police  as  to  grog-shops 2  38  709 

power  as  to  railways 20  40  729 

sewers 16  44  874 

squares  and  fountains 3-6  46  881-882 

oath  before,  for  renewal  of  stock  certificate...  6  46  906 

leases  of  city  property 14  46  908 

appeal  to,  from  city  commissioner 75  46  1022 

report  from  surveyor  to 6  48  1055 

report  to,  from  Appeal  Tax  Court 5  49  1072 

to  fill  vacancies  in  Appeal  Tax  Court,  &c....  20  41  1077 

report  to,  from  board  of  arbitration 17  49  1076 

.     power  as  to  collector 32  49  1080 

see  Streets  and  City  Commissioner 47 

MEASURES— 

see  Weights  and  Measures 107-108  21-89  28       512,  528-529 


1248 


Index. 


MEAT —  SKO.  ABT. 

bacon,  &c  ,  smoking 15       9 

poisoned,  not  to  be  thrown  in  streets 27     33 

MENDICANTS— 
children 16-19     62 

MESSENGER— 

city 2     10 

MID  WIVES- 

duties  of,  as  to  registration  of  births 6     41 

MII-K— 

adulteration  of 48     23 

of  diseased  cows 48     23 

MILITIA— 

when  members  of,  exempt  from  jury  duty...  24     31 

wheu  subject  to  board  of  police  or  sheriff 9,  23     38 

MINORS— 

not  to  play  at  billiards,  &c 4     33 

pawnbrokers  not  to  take  deposits  from 32     33 

not  to  jump  on  or  off  railroad  cars 10     40 

see  Houses  of  Refuge  and  Reformation 26 

see  Vagrants 62 

MONEY— 

deposit  of  city. 22,13  11,46 

coroner's  duty  as   to,  belonging  to  unknown 

dead 4     12 

MONUMENTS— 

Washington,  note 1     45 

keeper  of 2     45 

Battle,  noie 1     45 

Battle,  represented  on  city  seal 58       1 

hacks  around 60       8 

squares  around  Washington 44     45 

Wildey,  note 45 

to  Wells  and  McComas,  noie 45 

at  North  Point,  no^e 45 

MORTGAGES— 

consent  to  decree  :  when  conveyances  re- 
corded, decree  may  be  passed :  trustee  to 

be  appointed  :  bond 1     36 

trustee  may  sell  on  forfeiture :  mortgage  to 

file  statement  of  claim  under  oath 2     36 


PAGE 

152 

686 

1110-1112 
155 


398 
398 

566 

699, 706 

580 

587 
726 


165,907 
171 

880 
881 
880 
65 
146 
898 
880 
880 
880 


667 
668 


Indbz. 


1249 


MORTGAGES — Continued.  sec.  art.  page 

aflSdavit,  before  whom  made 3     35  668 

sale,  when  confirmed,  to  have  same  effect  as 

sales  under  decrees  on  bills 4     36  668 

trustee  to  report  sale 5     86  669 

allegations   and   proofs   may   be  made   and 

taken 6     36  669 

court  may  set  aside  sale:    when  set  aside, 

mortgaged    premises    not    to   pay  costs : 

costs,  by  whom  payable 7     36  669 

clerk  to  record  deed  :  to  docket  case :  file  and 

record  mortgage 8     36  669 

entry  on  docket  to  operate  as  assignment :  to 

have  precedence  in  the  order  made  :  not  to 

be  made  but  on  order  written  and  acknow- 
ledged   9     36  669 

entry  of  satisfaction  to  operate  as  discharge 

and  conveyance  :•  not  to  be  made  but  on 

order  written  and  acknowledged:  orders 

to  be  recorded  with  decrees 10    36  670 

court  may  appoint  new  trustees 11     36  670 

mortgagee  with  power  to  sell,  may  proceed 

under  general  law :  notice 12     36  670 

proceedings  where  default  of  mortgagors  has 

taken  place  before  mortgages  have   been 

submitted  to  court :  statement  under  oath,  13     36  670 

what  sections  applicable 14     36  671 

decisions,  note 86  671-675 

list  of,  furnished  Appeal  Tax  Court  by  clerk 

of  Superior  Court • 7     49  1073 

MORGUE— 
ordead  house 1-4,74  12,23  172,406 

MOSHER  STREET— 
right  of  way,  &c.,  decision,  noie 47  1043 

MULES— 
cruelty  to 3     16  241 

MURIATIC  ACID— 
manufacture  of 63     33  403 

NAUSEOUS  LIQUORS— 
not  to  be  thrown  into  streets 32     23  894 

NAVAL  STORES— 

storage  of 12     20  282 


1250  Index. 

NEWSBOYS—  SEC.  art.  page 

excepted  from  vagrant  act 18     62  1112 

on  vehicles 8  1164 

NIGHT  CARTS  AND  MEN— 

see  Privies,  Carts 

NIGHTMAN— 

arrest  of,  for  violating  health  ordinance,  de- 
cision, note 23  412 

NITRIC  ACID— 

manufacture  of 63     23  408 

NITRO-GLYCERINE— 

regulations  as  to 67-69     20  306-807 

NON-RESIDENT  TRADERS— 

decisions  as  to  licenses,  no^e 38  577-578 

NORTH  AVENUE— 

grading,  paving,  &c.:  Boundary  avenue,  »o<e  15     47  991-992 

decisions,  no^e 47  992 

NORTH  STREET— 
extended  into  Baltimore  county,  note 47  993 

NORTHERN  CENTRAL  RAILWAY— 

red  lights  on  cars  and  bells  on  horses 245  40  825 

tracks  into  city.. 204-245  4a  808-825 

endorsements,  &c.,  by  city  for 39  46  931,938 

NORTHWESTERN  VIRGINIA  R.  R.— 

bonds  of,  endorsed  by  city 40     46  939 

NOTICE— 

of  sale  by  livery  stable  keeper,  under  lien 15  8  182 

from  register  of  carriage  license  law 36  8  142 

of  application  to  council  for  permit  to  erect 

livery,  &c.,  stable 38  8  142 

from  fire  inspector,  as  to  width  of  funnels....  8  9  150 
to   fire    inspector,   of    defective    fire-places, 

chimneys,  &c 16  9  152 

of  elections 13,21,27,3  17      255,259,263, 

264 
from  fire  inspector,  to  owner  of  unoccupied 

house 42  20  298 

for  carrying  liglits  into  stables  50  20  299 

for  keeping  ashts  iu  improper  places 60  20  299 

for  keeping  hay  and  cut  straw  in  improper 

places 50  20  299 


Index.  1251 

NOTICE — Continued.  sec  art.  page 
from  harbor  master  to  remove  lumber,  fire- 
wood, &c 22  22  341 

of  port  regulations 46  22  347 

of  sale  of  goods  on  wharves 80  22  359 

in  cases  of  paving,  to  remove  nuisances 6,6  22  377 

to  owners  to  remove  nuisances 16  23  389 

on  owners,  &c,  of  wharves,  from  health  com- 
missioner   18  23  890 

when  no  owner  on  lot 21  28  390 

when  owner  not  residing  in  city 22  23  391 

of  sale  by  board  of  health 24  23  391 

to  person  in  possession,  for  removal  of  nuis- 
ances   26  23  392 

as  to  frame  buildings 29  23  393 

from  health  commissioner  to  remove  privies,  81  23  410 
from   health  commissioner  to  fill   vault   of 

privy  under  pavement 86  23  411 

when  oyster  shells  deposited  in  city 41  23  396 

in  application  to    council  for  permission  to 

erect  composition  roofing  manufactory 64'  23  400 

as  to  soap,  candle,  &c.,  manufactories 60  23  402 

as  to  slaughter-houses...  67  23  404 

to  persons  requiring  licenses 11  33  578 

of  sale  of  stalls  in  markets 18  35  634 

from  Orphans' Court  as  to  representatives....  7  43  846 

of  ordinance  to  open,  &c.,  sewers 6  44  864 

from  commissioners  of  sewers 6,7,8  44       864,868,869 

in  leases  of  city  property 14  46  908 

of    application    for   permit   to   inspector    of 

buildings 27  7  118 

from  mayor  for  removal  of  frame  sheds,  posts, 

signs,  steam  boilers,  &c.,  decision,  no^e 30  7  119 

from  city  commissioner  or  police,  as  to  lum- 
ber in  streets 119  47  1034 

oftaxi-ale 5  49  1061 

to  show  cause  in  tax  sale 10  49  1063 

as  to  taxes 36,40,44,47  49           1081,1083 

from  landlord  to  tenant,  or  tenant  to  landlord  1-8  50           1094-1090 

as  to  opening,  &c.,  streets,  see  Streets 47 

NUISANCES— 

when  privies 79  23  408 

when  unpaved  private  alleys 63  23  399 

liability  of  police  commissioners  for,  decisions, 

note \ 88            711, 1087 


1252  Index. 

NUISANCES — Continued.  skc.  akt.  page 

00  wharves 81,18  22  359,389 

corporation  to  pass  ordinances  to  preserve 

health  of  city,  remove,  &c  1  23  376 

cost  of  paving  for  removal  of:   byvs-hompaid  2  23  376 

defence  of  owners 3  23  376 

costs,  lien  on  property 4  23  377 

how  costs  collected  from  non-residents 5  23  377 

action  against  city  by  non-residents 6  23  377 

on  vacant  lots,  how  removed,  and  costs  paid,  7  23  377 

notice  to  owners  to  remove 16  23  389 

when  to  be  removed  at  city's  expense 16  23  389 

when  health   commissioners  may  enter  on 

premises 17  23  389 

notice 18,22  23  390-391 

expenses  and  penalty,  lien  on  property 23  23  391 

proceedings,  when  property  owned  by  per- 
sons out  of  State 24  23  891 

who  deemed  owners  of  property  as  to  removal 

of:  notice 25  23  392 

liability  of  city  for,  decisions,  notes 47,  53       1037, 1161 

see  Health 23 

NUMBERING- 

of  houses 22       7  116 

OATH— 

of  members  of  council  and  corporation  officers  28       1  22 

of  trustees  of  poor.. 3       2  67 

of  assayer  of  silver  plate 2       5  85 

of  auctioneers 36       6  101 

of  deputy  register 18  11  164 

ofcoroner 1  12  170 

of  judges  and  clerks  of  election 12  17  254 

of  members  of  harbor  and  river  relief  board..  63  22  331 

of  commissioners  of  pharmacy 12  23  380 

of  ganger  of  casks  and  liquors 4  28  481 

of  inspectors  of  steam  boilers 68  28  496 

of  weighers  of  grain 77  28  603 

of  measurer  of  carts 102  28  510 

of  inspector  of  gas-meters 2  28  617 

of  inspector  of  illuminating  gas 12  28  620 

of  measurer  of  charcoal 40  28  530 

of  visitors  of  jail 3  29  535 

of  warden  of  jail 17  29  637 

of  police  commissioners 2  38  691 


Index. 


1253 


OATE— Continued. 

of  sewer  commissioners , 

of  clerk,  &c.,  to  sewer  commissioners 

before  mayor  for  renewal  of  stock  certificate, 

of  commissioners  for  opening  streets 

of  their  clerk,  &c 

of  surveyor 

of  referees  on  appeal  from  city  commissioner 
of  judges  of  Appeal  Tax  Court  and  assessors 

OATS— 

measure  or  weight  of 

OFFAL,  GOAL  AND  ASHES— 

kitchen 

OFFICERS  OF  THE  CORPORATION— 

mayor's  term  and  salary 

powers  of,  notes 

secretary  to  mayor 

clerk  to  mayor 

city  messenger 

mayor's  detective 

superintendent  of  City  Hail 

watchmen  to  City  Hall 

engineers  and  firemen  of  City  Hall 

reports  from 

register  to  notify,  as  to  expenditures 

when  comptroller  to  withhold  his  warrant 

from 

advertisements  of. 

city  contracts 

mayor  may  call  on  to  account 

appointment  of,  regulated  by  ordinances 

when  mayor  to  appoint  with  consent  of  city 

council 

register 

clerks 

vacancies,  how  filled 

what  officers  to  hold  at  pleasure  of  mayor..., 

commissions  of.... 

president  of  branch  mayor  ex-officio 

to  be  appointed  annually 

power  of  removal' by  mayor 

new  appointments  by  mayor 

not  to  be  interested  in  contracts 

not  to  exceed  appropriation 


SEC.  ABT, 

PAGE 

2   44 

865 

4  44 

866 

6  46 

906 

2  47 

994 

4  47 

996 

1  48 

1052 

76  47 

1022 

17  49 

1066 

17     28 


92     23 


514 


413 


1,7 

1 

4,11,  16 

7 

1,23 

7,437 

4 

1 

16 

5 

1 

17 

2 

10 

155 

1 

1163 

1 

10 

154 

3-5 

10 

155 

6 

10 

167 

33,34 

23-24 

37 

24 

37 

24 

50 

62 

61-64 

62-64 

8 

11 

27 

15 

27 

16 

27 

16 

27 

16 

27 

16 

28 

16 

28 

15 

6,2 

11,16 

40 

59 

41 

59 

42 

60 

43 

60 

36 

24 

1254  Index. 

OFFICERS  OF  THE  COHTOHATION—Gontinued. 

8EC, 

when  to  give  bond 44 

when  not  to  give  bond 45-46 

extra  compensation  not  to  be  allowed 47 

salary,  &c.,  nob  to  be  increased  or  diminished 

during  term  of  office 47 

extra  compensation  to  contractors 47,  48 

when  salaries  of,  paid 49 

salaries,  &c.,  due,  not  attachable,  note 

trustees  of  poor,  Bayview  Asylum 1-29 

ward  managers  of  poor 30-3S 

assayerof  silver  plate 1-14 

inspector  of  buildings • 20-45 

superintendents  of  chimney  sweepers 1-18 

comptroller 1-16 

register  and  deputy  register 17-31 

superintendent  and  watchmen  of  court  house 

and  record  office 2-7 

janitor  of  Orphans'  Court 8 

janitor  of  Masonic  Hall 9 

watchman  of  Masonic  Hall 10 

counselor 1-9 

solicitor 1-9 

examiner  of  titles 10-13 

agent  for  deaf  and  dumb 3 

to  bring  suits  befure  justices  for  fines 1-6 

fire  inspector 2-9,  41-43 

fire  commissioners 1 

officers  of  fire  department 6 

superintendent  of  the  police  and  fire  alarm 

telegraph 32 

officers  of  alarm  telegraph 33-38 

harbor  board 1 

harbor  masters 19 

keeper  of  Harman's  bridge 92 

keeper  of  drawbridge 93 

commissioner  of  health  and  assistant 1 

vaccine  physicians 119 

marine  hospital  physician  and  assistant 131,  132 

boatmen,  &c.,  at  marine  hospital 146 

superintendents  of  streets 107 

commissioners  of  pensions  for  soldiers,  &c., 

war  1812 3     24                     442 


AHT 

PAGE 

1 

60 

1 

61 

1 

61 

1 

61 

1 

•  61 

1 

62 

1 

62 

2 

66-72,  73 

2 

72-73 

3 

85-89 

7 

115-125 

9 

147-153 

11 

157-163,  169 

11 

163-169 

14 

237-238 

14 

288 

14 

288 

14 

239 

13 

174-177 

13 

174-177 

13 

177-178 

16 

246 

19 

274-275 

20 

279-282,  297- 

298 

19 

285,1166 

19 

286 

19 

294 

19 

294-296 

22 

332 

22 

340 

22 

363 

22 

865 

28 

385 

23 

421 

23 

424,  425 

23 

434 

23 

417 

Index. 


1255 


OFFICERS  OF  THE  CORPORATION— ConimMcrf. 

SEC.  ART.  PAGE 

city  managers  of  House  of  Refuge 1  26  455 

of  House  of  Reformation,  &c.,   for  colored 

children 13  26  469 

of  Maryland  Industrial  School  for  girls 23  26  4fi3 

of  St.  Mary's  Industrial  School  for  boys 26  26  464 

general  superintendent  of  lamps  and  inspector 

and  sealer  of  gas  meters  2  28             617,1164 

referee  from  inspector,  &c.,  of  gas  meters 5  28  618 

inspector  of  illuminating  gas 12  28  520 

keepers  of  standard  of  weights  and  measures  21  28  523 

measurer  of  charcoal :  and  deputies 40  28  529 

visitors  of  jail 1  29  534 

warden  of  jail 14  29  536 

Jones' Falls  commission 2  30  649 

librarian  and  assistant 1,8  32              670,673 

trustees  of  McDonogh  educational  fund  and 

institute 1,3  34               592,693 

clerks,  keepers,  &c.,  of  markets 1,68  35       628,646-648 

park  commission,  no<« 37  677-679 

printer 1  39  714 

commissioners  of  public  schools 1  43  847 

officers  of  board  of  school  commissioners 5  43  849 

superintendent  of  public  instruction 7  43  849 

assistant  superintendent  of  public  schools....  8  43  850 

commissioners  for  sewers 1  44  864 

clerk  to  sewer  commissioners 4  44  865 

commissioners  of  squares 3  45  881 

keepers  of  squares  and  springs 4  45  881 

keeper  of  Washington  monument 2  46  881 

commissioners  of  squares  around  Washington 

monument 44  45  898 

keeper  of  Ashland  square 8  45  882 

commissioner  of  Baker  circle 9  46  882 

commissioners  of  Broadway  squares 11  46  883 

keeper  of  Broadway  squares 12  46  883 

commissioners  of  Eastern  city  spring 13  46  884 

commissioners  of  Eutaw  square  14  45  884 

keeper  of  Harlem  square 36  45  895 

commissioners  of  Jackson  square 37  45  896 

keeper  of  Jackson  square  38  45  896 

keeper  of  Lafayette  square 40  45  896 

commissioners  of  Perkins' spring  square 46  45  899 

department  of  finance c 8  46  907 


1266 


Index. 


OFFICERS  OF  THE  CORPORATION— Con<m«e(Z. 

SEC.  ART.  PAGE 

directors  of  city  in  B.  &  0.  R.  R.  Co 38  40  924 

directors  of  city  in  Union  R.  R.  Co 42  46  950 

directorsofcity  in  West.  Md.  R.  R.  Co 44  46  968 

commissioners  for  opening  streets 1  47  993 

clerk,  &c.  to 4  47  994 

city  commissioner  and  assistant  and  clerks...  62-67  48  1019-1020 
referees  on  appeal  from  city  commissioner  to 

mayor 76  47  1022 

superintendents  of  lamps  and  lamplighters...  91  47  1028 

surveyor 1  48  1051 

Appeal  Tax  Court 15  49  1065 

collector  of  State  taxes 23  49  1068 

clerks  to  Appeal  Tax  Court. 1  49  1070 

assessors 1  49  1070 

board  of  arbitration 15  49  1076 

collector  of  city  taxes 28  49  107i» 

commissioners  of  water  board 1  53  1029 

mayor,  president  of  board 1  53  1029 

water  registrar 6  53  1131 

water  engineer 13  53  1133 

clerks  to  water  board 5  53  1130 

collectors  to  same 5  53  1130 

police,  watchmen,  gate-keepers,  &c.,  to  same  12,  1,  5  63  1126,  1129, 

1130 
OILS— 

inspection  of,  from  petroleum 13-14  20  282-283 

illuminating 15-22  20  283-284 

manufacture  of  coal,  camphine,  ethereal,  kero- 
sene and  other  inflammable 59  20  304 

storage  of 60-66  20  305-306 

distillers  of 62  20  305 

of  vitriol 63  23  403 

OPERA  HOUSES— 

not  to  be  opened  on  Sunday 3  42  840 

OPINIONS— 

of  judge  of  equity  court 17  14  202 

ORANGES,  LEMONS  AND  LIMES— 

not  to  be  sold  on  street  without  license 40-41  33  590-691 

ORDINANCES— 

of  mayor  and  city  council,  decisions,  no^c*...  1  7-8 
to  be  sent  to  State  Library,  Baltimore  Bar 

Library  and  Peabody  Institute 21  1  20 


Index. 


1257 


7 
8-9 


OBDlNAliJOES— Continued.  sec.  abt. 

what  laws  and,  continued  by  constitution 8 

mayor  to  see,  executed 9 

to  be  approved  by  mayor 10 

mayor  may  return,  with  reasons  for  not  ap- 
proving   10 

how  passed  by  council  over  mayor's  veto 10 

eflFect  ef  non-return  of,  by  mayor 11 

how,  and  resolutions  made  evidence 12 

what,  mayor  and  council  empowered  to  pass  26 

as  to  appointments  to  office 27 

engrossing,  &c 18 

duty  of  register  as  to 19 

publication,  printing,  &c.,  of 22 

as  to  trustees  of  poor 1 

when  solicitor  to  prepare 4 

appeals  under 2 

fines  and  penalties  for  violation  of 1-10 

ORPHANS'  COURT— 
when  money,  &c.,  deposited  in  bank  by  coro- 
ners to  order  of. 4 

jurisdiction 14 

register  of  wills 15,48-60 

pay  of  judges 45 

pay  of  bailiff. 46 

stenographer  in 70 

decision,  note 

janitor  of , 8 

estates  undistributed  from  want  of  representa- 
tives, to  go  to  schools :  payment  to  school 

commissioners  by 6 

degrees  of  kindred,  note 

to  give  notice 

releases  to  administrator 

if  representatives  appear,  money  to  be  re- 
funded  

rights  of  charitable  marine  society 

OXEN— 
cruelty  to 

OYSTERS— 

measurement,  «fcc.,  of 66-57 

when  hawking,  prohibited , 

fines  for  depositing,  &c.,  shells  within  city, 
shells  in  streets  prohibited 


2 
18 
14 
19 


12 
14 

14 
14 
14 
14 
14 
14 


43 
43 
43 
43 

43 
14 


2  15 


PAGE 

7 
12 

12 

12 

12 

12 

12 

14 

16 

19 

19 

20 

66 

176 

183 

274-275 


171 
188 

189,  208-209 
208 
208 
216 
216 
288 


846 
845 
845 
846 


208 


241 


66-57 

28 

495-496 

42 

23 

397 

40-41 

23 

396 

101 

23 

415 

1^58  Indbx. 

paints—  sko.  art.              page 

manufactories  of. 62    23                     402 

PARENTS— 

to  have  births  of  children  registered 6     41                      886 

to  have  children  vaccinated 26     23                      888 

PARKS— 

resolution  and  ordinance  of  mayor  and  coun- 
cil relating  to,  confirmed,  noie 1     37              677-679 

powers  of,  commissioners :  rules  and  regula- 
tions: fines,  how  recoverable 2     37                      680 

speed   of  vehicles   and   equestrians  on   ap- 
proaches from  North  avenue 3     37                      680 

conservators  of  the  peace 4     37                      680 

commission  may  make  requisition  for  police  : 

powers  of  police 5     37                      681 

commissson  may  condemn  land 6     37                      681 

commission  may  enlarge  streets  and  avenues 

around  and  leading  to,  may  condemn 7     37                      682 

stock  for  improvement  of 8     37                      688 

zoological  collection  authorized 9-14     27              681-685 

superintendent  of  Patterson 1     37                      686 

extension  of  Patterson 2     37                      686 

Riverside 7-11     27              687-688 

reduction  of  tax  on  city  railways. 103-107     40  767-768 

railways  to  Druid  Hill 117-118    40  773 

park  stock 8-6,36  37,46  685,920-922 

see  Appendix 46                     1171 

Druid  Lake 67-68     53                    1161 

PARTY  WALLS  AND  PARTITION  FENCES— 

regulated 41-45       7               123-125 

decisions,  note 7                      126 

PATAPSCO  RIVER— 

see  Harbor  Board 22                      887 

PASSENGER  RAILWAYS— 

carriages,  &c.,  not  to  obstruct  cars  of. 17       8                      186 

revenue  for  parks 103     40                      767 

pickpockets,  &c.,  on 26     38                      707 

see  Railroads 40 

see  Appendix 40           1168-1171 

PATENTS— 

for  land  in  harbor,  decisions,  noie 22                      870 

PAUPERS— 

see  Bayview  Asylum 2 


Indbz. 


1269 


PAVEMENTS-  skc.  abt.  paok 

vault  of  privy  under :  notice 86     23  411 

travel  on 14    47  991 

see  Streets  and  City  Commissioner 47 

jurisdiction  of  square  commisuionera  over 7    45  882 

PAVING— 

for  removal  of  nuisances 2    23  376 

assessments  for,  in  front  of  schools 26     43  856 

see  Streets  and  City  Commissioner 47 

PAWNBROKERS— 

licensing  and  regulating 9     23  577 

mayor  to  grant  license :  license:  term 29     23  687 

who  may  be,  and  where 80     38  687 

bond 31     38  587 

powers  of. 32     33  587 

deposits 33     33  688 

charges:    books 34     33  589 

form  of  action  on  bond 35     33  589 

duty  of  register  and  city  ofiBcers 86     33  589 

not  to  sell  spirituous  liquors  :  mayor  may 

revoke  license 37     33  590 

fines  and  penalties 38     33  590 

PAY-DAYS— 

Tuesdays  and  Fridays 31     11  168 

PAY-ROLLS— 
comptroller  to  examine  and  certify  to  correct- 
ness of 4     11  160 

PEABODY  INSTITUTE— 

ordinances,  &c.,  to  be  sent  to 21       1  20 

PEABODY  PRIZES— 

for  public  schools 43     43  869 

PENSIONS— 

widows  of  soldiers  of  war  of  1812,  note 24  448 

PENT  HOUSES— 

regulated 35      7  121 

PERMITS— 

for  steam  boilers  or  engines 26      7  117 

frame  sheds 26       7  117 

bay  window 26,  28-29       7  117, 119 

telegraph  or  other  poles 26      7  117 

signs,  sign  posts.. 26      7  117 


1260  Index. 

FERMITS— Continued.  sec.  art.  page 

awning  flaps,  (fee... 27       7  119 

lettered  flaps  on  awnings,  lettered  posts  or 

tree  boxes 34       7  121 

to  extend  port  warden's  line 97     22  867 

to  clean  privies  in  day  time 77-78     23  408 

to  erect  livery  stables 38-40      8  142-143 

to  keep  hogs 70-72     23  405-406 

to  erect  hitching  posts 121     47  1035 

earth,  &c.,  not  to  be  removed  from  unpaved 

streets  without 94     47  1027 

ditches,  &c.,  not  to  be  dug  in  streets,  &c., 

without 95     47  1028 

to  construct  vaults,  areas  and  cellars 96     47  1028 

to  erect  buildings , 22-27     49  1077-1078 

see  Council 

see  Mayor 

PETROLEUM— 

oils  and  fluids  from 13-22     20  282-284 

PHARMACISTS— 

meaning  of  term 9     23  378 

to  comply  with  act :  exception 10     23  378-379 

suit  in  name  of  commissioners  of  pharmacy 

and  practical  chemistry 10     23  378-379 

commissioners:  duties,  &c,:  certificate 11     23  379 

title  of  board :  term  of  office:  oath :  vacancies  12     23  380 

pharmacists  to  be  registered  , 13     23  380 

who  deemed  registered 14    23  380 

who  competent  and  entitled  to  be  registered..  15     23  380 

fees  for  certificate  and  registration 16     23  381 

business  of,  after  death 17     23  381 

who  permitted  to  compound  and  dispense 

prescriptions 18     23  381 

adulterating  or  weakening  officinal  medicines 

or  selling  such 19     23  881 

PHILA.,  WILM.  &  BALTO.  R.  R.— 

tracks  in  city 246-248    40  826-828 

PHYSICIAN— 

of  Marine  Hospital 131     23  424 

powers  of,  decision,  no<e 28  437-441 

physicians'  duties  as  to  registration  of  births 

anddeaths 1-10    41  834-837 


Index.  1261 

PICKPOCKETS—  SEC.  art.  page 

on  cars,  &c 26  38  707 

PIPES— 

see  Water 68 

PJTTSBURG  AND  CONNELLSVILLE  R.  R. 

contract,  &c.,  with  city 41  46  940-942 

PISTOLS— 

firing  prohibited 112  47  1082 

carrying  concealed 22  38  705 

PLATS— 

of  markets 61  35  644 

ofcity 2  48  1052 

to  be  returned  by  surveyor  to  comptroller...  8  48  1056 

PLUGS— 

fire,  obstructing 28  20  291 

see  Water 58 

POIilCE— 

maintaining 7  1  6 

to  pass  free  over  ferry 7  18  269 

and  fire  alarm  telegraph 8-9,81-40,15  20,88  288,298-297, 

708 

summons  from  fire  inspector  to 4  20  280 

to  inform  fire  inspector  of  unoccupied  houses  42  20  298 

fires  aboard  ships 51  20  300 

to  suppress  gaming 4  21  311 

to  execute  orders  of  board  of  health 8  23  887 

unrecognized  dead  bodies 74  23  406 

vaccine  physicians  to  attend  wounded 123  23  422 

reports  of,  as  to  garbage 99  23  415 

to  arrest  boys  escaped  from  House  of  Refuge  1  26  468 

to  attend  markets  and  aid  clerks 7  36  630 

to  prevent  injury  to  Institute  building 88  35  657 

inspection  of  privies  by 79  23  408 

arrest  by,  of  nightman  violating  health  ordi- 
nance, decision,  no^c 28  412 

powers  of  board,  decisions,  «o<c* 38  710-713 

duty  as  to  harbor 61  22  848 

in  parks 5,19  37,38  681,704 

power  of  corporation  to  pass  ordinances  to 
preserve  order,  secure  property,  &c.:  not 

to  interfere  with  powers  of  board  of 1  38  690 

responsibilities,  &c.,  of  mayor,  &c 20  38  705 

examination  of  persons  arrested 21  88  705 


1262  Index. 

POLICE—  Goniinued. 

carrying  concealed  weapons 

militia 

registration 

races 

thieves  and  pickpockets 26-27 

mayor  authorized  to  offer  reward  for  persons 

charged  with  murder,  arson,  &c 

duty  of  police  in  relation  to  retail  liquor  shops 

fortune-telling 

water , 12,1,5 

duty  as  to  water  ordinances 

notice  from,  as  to  lumber  in  streets 

duty  of,  as  to  removal  of  ice  and  snow  from 
footways,  note 

POLICE  COMMISSIONERS— 

to  fix  rates  of  fare  for  hackney  carriages 

rates  of  fare,  note 

report  of  coroner  to 

as  to  election  precincts 

powers  at  elections..,. 10, 16-27 

jurisdiction  over  premises  of  State  cattle  scales 

power  of  corporation  to  pass  ordinances:  not 
to  interfere  with 

election  of,  removal,  &c.:  salary:  bond:  oath 

president  and  treasurer  of  board  :  vacancy  : 
removal 

clerk  of,  his  duties :  bond:  salary 

duties  and  powers  of  board 

board  to  enroll,  &c.,  police  force :  what  police 
to  consist  of:  pay  :  term  :  commission  : 
dismissal :  qualifications :  absence  from 
duty 

clerk  to  marshal,  salary:  bond 

to  estimate  sum  necessary  for  discharge  of 
duties :  police  tax  :  certificates  of  indebted- 
ness :  estimates  of  expenses,  decision,  note, 

sheriff's  duty 

vacancies  among  officers 

no  gratuity  to  be  received 

proceedings :  receipts  and  disbursements :  re- 
ports  ; 12     38  701 

treasurer  to  give  bond:  account  to  be  ren- 
dered  « , 18     38  701 


SEC.  ART. 

PAQB 

22 

38 

706 

23 

38 

706 

24 

38 

706 

25 

38 

706 

6-27 

38 

707-708 

1 

38 

709 

2 

38 

709 

3 

38 

709 

1,5 

53 

1126,1129, 
1131 

45 

53 

1144 

119 

47 

1034 

127 

47 

1037-1038 

4 

8 

128 

8 

128 

4 

12 

171 

1-3 

17 

248 

)-27 

17 

253,  255,  264 

51 

28 

494 

1 

38 

690 

2 

38 

691 

3 

38 

692 

4 

38 

698 

5 

38 

698 

6  38 

694 

7  88 

696 

8  38 

698 

9  38 

698 

10  38 

699 

11  38 

100 

Index.  1263 

POLICE — Continued.  seo.  art.  paob 

board  may  close  bar-rooms,  &c 14    38  702 

powers  of,  as  to  property,  police  districts,  &c.           15     88  708 

disposition  of  property  seized,  &c 16     38  703 

duty  of  marshal :  report 17     88  704 

release  of  persons  committed,  &c 18     88  704 

park  police 5,19  37,38       •  681,704 

POLITICAL— 

parades  after  dark 130    47  1089 

POOR— 

powers  and  duties  of  trustees  of 1-29       2                  66-72 

payments  to  trustees  of 2                       73 

see  Bay  view  Asylum 2 

PORCHES— 

porticos,  &c,,  on  streets 8, 17       7  109, 114 

PORT  WARDEN'S  LINE— 

regulations  fjr  wharves,  extensions,  piers,  &c.  97     22  867 

act  of  1876,  and  report  thereunder,  note 22  867-869 

PORTICOS— 
steps,  &c.,  at  Mount  Vernon  or  Washington 

Place 48     45  897 

fronting  on  streets 3,17       7  109,114 

POSTS— 

lettered,  permitted 34       7  121 

POTATOES— 

how  sold 18     28  614 

POTTER'S  FIELD— 

control  of  interments  in,  &c 4,  73,74  12,23  172,406 

PRECINCTS— 

and  wards 38,1   1,17        25-58,248 

PREVENTION— 

of  cruelty  to  animals,  society  for. 4     15  241 

of  fires 44-61     20  298-800 

PRINTER— 
clerks'  duty  to  furnish  proceedings,  &c.,  to 

city 15  1  19 

how  journal,  &c.,  to  be  printed 16  1  19 

to  deliver  journals,  &c.,  to  clerks  of  council..  17  1  19 

printing  of  ordinances,  &c 22  1  20 

city 1-3  39              714-716 


1264  Index. 

peiyies—  8b0.  abt.  fa»e 

construction  of  frame 5  7  110 

removing  contents  of,  without  license :  when 
license  revoked  :  subject  to  board  of  health: 

statistics:  places  of  deposit 75  23  407 

licenses  for  emptying :  cost:  bond 76  23  407 

when  ta  be  cleaned  in  daytime 77  23  408 

permit  from  board  of  health :  bond 78  23  408 

when  privies  to  be  cleaned  79  23  408 

notice  from  board  of  health 79  23  408 

inspection  of,  by  police ;  when  nuisance 79  23  408 

arrest  of  nightman  for  violating  ordinance  as 

to  places  of  deposit,  decision,  note 23  412 

of  public  schools,  noie 23  412 

over  lakes,  dams,  &c 15  53  ii27 

public  springs  protected  from.,... ...  80  23  409 

vaults  of,  to  be  made  impervious  to  water...  80  23  409 
when  health  commissioner  to  notify  owners 

of  property  to  remove 81  23  410 

to  be  repaired,  &c 82  33  418 

pipes  and  sewers  to  drain 83  23  410 

not  to  be  erected  on  Jones'  Falls,  Harford  run, 

&c. 84  23  410 

vaults  of,  under  pavements :  notice 85  23  411 

notice  to  fill  up  vault  under  pavement,  &c...  86  23  411 
how  privies  to  be  cleaned :  where  manure  to 

be  deposited 87-88  23              411-412 

complaints 89  23  412 

manure  at  city  pier  in  back  basin 90  23  412 

removal  of  manure,  &c 91-106  23              413-417 

PROPERTY— 

insurance  of  city 4^7  n               169,161 

city,  destroyed  by  fire 6  11  160 

savedfromfire 6  20  281 

of  city 2  1  9 

sale  or  lease  of  city.. 2,14  1,46  10,908 

devise,  deed,  &c,,  of,  to  city  for  charitable, 

&c.,  purposes 2  1  H 

comptroller's  duty  as  to  city 4  n  159 

purchased,  sold  for  taxes 8-10  11              161-162 

money,  &c.,  deposited  by  coroner 4  12  171 

examiner  to  examine  title  to 10-12  13              177-178 

who  deemed  owners  of,  under  health  ordi- 
nances   25  23  392 

contracts  for  construction,  &c.,  of  city 23-25  7              116-117 


Index.  1265 

proposals bec.  aet.     page 

for  city  contracts 51-62       1  63 

for  coDstructing  or  repairing  city  buildings. ..  26       7  117 

Bee  Streets 47 

PUMPS— 

power  to  erect,  &c 19  53                    1128 

control  of  water  board  over,  &c 50-66  63  1146-1151 

private 47-49  63  1144-1145 

QUARANTINE  AND  MARINE  HOSPITAL— 

vetisels  in  quarantine 49     22  848 

contracts  by  physician 18    28  888 

physician:  duties 181-132     23  424-425 

assistant  to 132     28  425 

limits  of 133     23  426 

how  vessels  to  come  within  limits :  to  be 
boarded  :  within  what  period :  passengers : 
cargo  :  vessel  not  to  be  removed 133     23  426 

vessels  to  be  purified 134    23  427 

duties  of  commanders,  captains  and  pilots  in 
regard  to  infectious  diseases :  when  passen- 
gers not  to  be  landed,  nor  baggage,  &c., 
interrogatories  to  be  answered 135     23  427 

power  of  board  of  health  to  send  sick  to 
hospital 136     23  429 

certain  damaged  articles  not  to  be  brought 
into  city  :  removal  to  quarantine  and  ven- 
tilation          137     23  429 

steam  vessels  exempt :  exception 138     23  480 

vessels  free  from  epidemic  or  contagious  dis- 
ease          139     23  480 

what  persons  to  be  sent  to  hospital 140     23  480 

baggage,  &c.,  to  be  purified :  communication 

with  citizens  to  be  prevented 140     23  480 

expenses  of  purification,  &c.,  how  to  be  paid.         141     23  481 

expense  of  maintaining  passengers,  how  pro- 
vided for 142    23  482 

penalty  on  refusal  of  captain  to  comply  with 
order  of  hospital  physician :  penalty  upon 
leaving  vessel  without  consent  of  hospital 
physician :  upon  going  aboard  vessel  with- 
out consent  of  hospital  physician  :  duty  of 
board  of  health  in  cases  of  infectious  dis- 
ease :  penalty  on  refusal  to  obey  orders  in 
such  cases. .........••....•••»..•••«..••••••«        1^3    23  432 


1266  Index. 

QUARANTINE  AND  MARINE  HOSPITAL— Continued. 

SEC.  ART.  PAGE 

fees  to  be  collected  for  visiting  vessels :  pen- 
alty on  refusal  to  pay  same 144     23  433 

salary  of  hospital  physician 146     23  484 

boatmen,  &c.,  to  be  employed 146     23  434 

charges  to  be  paid  for  board,  &c.,  at  hospital : 

how  and  of  whom  to  be  collected 147     23  434 

hospital  physician  to  obtain  supplies:  to  draw 

on  comptroller  :  see  Appendix 148     23  435,1167 

goods,  &c.,  to  be  disinfected;  to  be  returned 

in  good  order:  expenses  to  be  paid 149     23  485 

condition  of  passengers  to  be  examined 150     23  435 

passengers  and  crew  to   be  vaccinated:  all 

moneys  to  be  paid  to  register 151     23  436 

duty  of  harbor  masters  to  report  to  board  of 

health 152     23  436 

visiting  committee :  duties 153     23  437 

committee  to  be  carried  to  and  from  hospital  154     23  437 

powers  of  physician  at  Marine  Hospital,  de- 
cision, note , 23  437-441 

RACES— 

police  at 25     38  706 

Maryland  jockey  club 25     38  707 

horse,  prohibited  in  city 6     21  312 

RAILROADS— 

cars  to  have  bells 10       8  134 

carriages,  &c.,  not  to  obstruct  passenger  cars.  17       8  136 

thieves  on 26-27     38  707-708 

power  of  mayor  and  council  to  construct,  on 

streets 1     40  722 

cars 1-10     40  723-726 

tracks  and  switches 11-12     40  726 

locomotive  engines 13-18     40  726-728 

speed  through  streets,  decision,  note 40  728 

how  constructed  on  streets 19-22     40  728-730 

tracks  across  bridges 23     40  730 

right  of  way 24-26     40  730 

city  passenger  railway 27-58     40  730-742 

acts  of  assembly,  no^c 40  742-746 

decisions,  note 40  746-748 

citizens'  railway 59-77     40  743-754 

acts  of  assembly,  TWfe ,..,., 40  754-755 

decision,  nofe., 40  766-766 


Index. 


1267 


RAILROADS — Continued.  sec.  abt. 

Baltimore,  Peabody  Heights  &  Waverly 78-91  40 

act  of  assembly,  note 40 

Baltimore  and  Yorktown  turnpike  road 92-102  40 

acts  of  assembly,  notes 40 

decisions,  notes 40 

reduction  of  tax,  &c 103-107  40 

people's  passenger  railway 108-116  40 

act  of  assembly,  note 40 

Druid  Hill  Park  railway 117-118  40 

on  Madison  avenue  extended,  nofe 40 

Baltimore  and  Hall's  Springs  Railway 119-130  40 

acts  of  assembly,  noie 40 

Baltimore  aad  Herring  Run 131-137  40 

Baltimore  and  Randallstown  Horse 138-141  40 

decision,  note 40 

Baltimore  and  Ohio 142-190  40 

decisions,  note 40 

Baltimore  and  Potomac 191-208  40 

decisions,  note 40 

Northern  Central 204-245  40 

decisions,  twtes 40 

Philadelphia,  Wilmington  and  Baltimore 246-248  40 

decisions,  note 40 

Union 249-251  40 

decision,  note 40 

Western  Maryland 252  40 

decision,  note 40 

Baltimore  Calverton  and  Powhatan,  note 40 

Baltimore,   Catonsville   and   EUicott's    Mills 

Passenger,  note 40 

decision,  note 40 

Baltimore  and  Delta,  note 40 

Baltimore,  Hampden  and  Lake  Roland,  note..  40 

Baltimore,  Highlandtown  and  Riverside,  note  40 

Baltimore  and  Pikesville,  note 40 

C-irrollton  avenue,  note 40 

live  stock  brought  to  city  by,  on  Sunday 1  42 

see  Stocks,  Loans  and  Finance 46 

RATES— 

water 12,15-24  53 

of  fare  for  hacks 4      8 


PAGE 

755-762 

760 

762-766 

762,  763,  766 

763-776 

767-768 

768-773 

768 

773 

773-774 

774-777 

774 

777-780 

780-781 

780 

780-781 

800-801 

801-808 

807 

808-825 

814.  825 

826-828 

828-829 

829-830 

830 

831 

831 

881 

831-832 
832 
832 
832 
832 
832 
833 
841 


1125,1134- 

1138 

128 


1268 


Index, 


EECOEDS— 

public  papers  to  be  filed  and  recorded 

when  to  be  taken  out  of  oflBce 

copies  of:  fees  for  same 

librarian  keeper  of 

comptroller  keeper  of  deeds  to  city 

of  deeds  by  clerk  of  Superior  Court 

of  inspector,  &c.,  of  gas  meters 

of  keepers  of  standards  of  weights  and  mea- 
sures  

of  surveyor 

of  water  engineer 

see  Librarian 


EEDEMPTION— 

and  sale  of  property  by  collector  of  taxes., 
decisions  as  to  proceedings,  note 


EEFUSE  MATERIAL— 
comptroller  to  take  charge  of,  &o. 


EEGISTEE— 

how  appointed 27,40,  17 

how  commissioned , 

how  removable 

journals,  &c.,  of  council  to  be  delivered  to, 

when  clerks  of  council  to  be  paid  by 

journals  of  council  to  be  delivered  to 

to  have  engrossed  ordinances  bound 

to  send  copies  of  ordinances  to  heads  of  de- 
partments   20 

to  examine  proof  sheets  of  ordinances   and. 

make  index 22 

to  pay  newspaper  publishers 23 

payments  by 30,  26,  1 

annual  report  of 33 

;    to  notify  city  officers  as  to  expenditures 37 

city  contracts 51-54 

as  to  city  buildings 

system  of  keeping  accounts 

Tuesdays  and  Fridays  disbursing  days... 

appointed  :  bond 

deputy:  his  bond  :  oath 

when  deputy  may  officiate , 

council  to  fill  vacancy :  mayor  to  summon 

the  council  to  fill  vacancy.,,,,, ,  20     H 


SEC. 

ART. 

PAGE 

55 

64 

55 

64 

65 

64 

56 

64 

57 

65 

12 

14 

187 

10 

28 

519 

86 

28 

528 

6-8 

48 

1055-1056 

13 

53 
82 

1133 

5-10 

49 

1061-1063 

49 

1063-1064 

11-13 

11 

162 

40,17 

15,59,168 

27 

15 

27 

15 

18 

18 

13 

18 

17 

19 

19 

19 

24 

30 

1 

31 

17 

18 

19 

20 

20 
20 

23, 167 

23 

24 

62-64 

117 

168-169 

168 

168 

164 

164 

164 


Index.  1269 

BEQISTEE.— Continued.  pec.  abt.  pagb 

further  duties  :  how  to  dispose  of  and  draw 

for  money :  accounts  :  to  report  to  council  22  11  166 

when   authorized   to  obtain  advances  from 

bank 23  11  166 

when  he  may  borrow 24  11  166 

duty  as  to  claims  against  the  city 25  11  166 

payments 30,26  1,11  28,167 

office  hours 27  11  167 

clerk  and   assistant   clerks :    compensation : 

extra  assistance 28  11  167 

compensation  of,  and  deputy  :  fees,  how  dis- 
posed of 29  11  167 

payment  to,  from  State  treasurer 29  11  167 

keeper  of  seal 59  1  65 

fees  for  seal 21  11  165 

powers  and  duties  of,  as  to  foreign  passengers  1-13  27              471-475 

payments  by,  to  trustees  of  the  poor 12  78 

disbursements  by,  for  deepening,  &c.,  harbor 

and  channel 1  6  106 

to  provide  numbers  for  carriages,  &c 30  8  140 

to  give  notice  of  carriage,  &c.,  license  law 36  8  142 

comptroller  to  account  to,  for  licenses 4  11  159 

repair  of  city  property  destroyed  by  fire 6  11  160 

when  payment  to,  of  balance  from  property 

sold  for  taxes 10  11  161 

proceeds  from  sale  of  refuse  material 11  11  162 

interment  of  dead  after  coroner's  inquest,  ex- 
penses of,  when  paid  by 3  12  171 

statements    from  justices  to  city  register  of 

accounts  of  city  fines 93  14  227 

report  from   superintendent  of  court  house 

and  record  office  to 3  14  286 

payment  of  expenses  about  court  house,  by..  37  14              237, 238 

returns  of  judges  of  election  for  municipal 

officers,  to 1  17  264 

to  pay  costs,  &c.,  in  actions  for  fines 3,  4,  10  19              274,  275 

copies  of  superseded  judgments  to  be  filed 

with 8  19  275 

list  of  fines  remitted  to 9  19  276 

requisitions  for  money  from  harbor  and  river 

relief  board  on  State  comptroller  and  city..  61  22  329 

monthly  returns  from  harbor  masters  to.20,  31,  60,  83  22      341,  343,  353, 

360 

to  fornisb  harbor  mastesrs' books „  85  2Z  844 


1270  Index. 

UEGlSTEBr-Continued.                                         sec.  aet.  page 
proceeds  from  sale  of  goods  on  wharves  to  be 

paid  to 80  22  859 

payr&ents  to  harbor  board 17  22  339 

to  approve  bond  of  nightmen "76  23  407 

to  pay  health  commissioner 10  23  387 

payments  by  marine  hospital  physician  to... 

181,144,147,151  23  424,438,435, 

436 
when  marine  hospital  physician  may  draw 

on  register,  see  Appendix 148  23  435,1167 

to  pay  superintendents  weekly 109-110  23  418 

appropriation  for  association  of  defenders 2  24  442 

return  of  commissioners  of  pensions  war  1812            3  24  443 

payments  to  hospitals,  &c 10,  14,  17  25  449,  451 

return  from  standard  keepers  to 38  28  529 

clerks  of  courts  to  furnish  names  of  jurors  to,            1  31  567 

certificate  from  juror  to 2  31  569 

duty  as  to  pawnbrokers 36  83  589 

accounts  from  clerks  of  markets  to 4  85  630 

duty  of,  as  to  schools 13,17  43  851,853 

payment  of  salaries  of  school  teachers,  &c....           19  43  853 

duty  as  to  public  school  fund 25  43  855 

assessments  for  paving,  &c.,ia  front  of  schools 

paidby 26  43  855 

duty  as  to  sewers 5,8,9,22  44  866,869,871, 

.876 

as  to  squares  and  springs 3  45  881 

certificates  of  stock 1-7  46  905-907 

stock  lists:  transfers 4  46  906 

payment  to,  for  permit  to  construct  vault  or 

area 99  47  1028 

payment  to,  of  purchase  money  of  property 

sold  for  taxes 7  49  1062 

duty  of,  as  to  Appeal  Tax  Court 18,20-21  49  1066,1067 

compensation  of 22  49  1067 

payments  to,  by  water  registrar 7-9  58  1181-1132 

see  Stocks,  Loans  and  Finance 46 

see  Streets  and  City  Commissioner 47 

see  Taxes 49 

see  Water 53 

REGISTER  OF  WILLS— 

term  of  office,  &c 15,48-50  14  189,208-209 

REGISTRAR— 

water 6-12  63  1131-1133 


Index. 


1271 


REGISTRATION—  beo. 

of  voters,  note 24 

police  at  offices  of 24 

of  births  and  deaths 1_10 

REMOVAL— 

of  justices'  cases,  decisions,  note 

REPORTS— 

from  city  officers 33-34 

of  superintendents  of  chimney  sweepers 17 

from  comptroller  as  to  accounts 2 

from  comptroller  as  to  contracts,  appropria- 
tions, &c 4 

from  register  to  council : 22,25 

from  solicitor  to  council 3 

from  superintendent  of  court  bouse  and  record 

office  to  register 3 

of  judgments  for  defendants  in  actions  for 

fines,  to  mayor 2 

from  fire  commissioners  to  mayor  and  council  3 

from  chief  engineer  to  fire  commissioners 16 

from  superintendent  of  alarm  telegraph  to 

fire  commissioners 36 

of  fire  inspector 4i 

from  harbor  and  river  relief  board  to  legisla- 
ture and  mayor  and  city  council 50 

from  harbor  board 7 

of  vaccine  agent  to  governor 29 

from  health  commissioner 10 

from  health  commissioner  as  to  slaughter- 
houses   66 

from  marine  hospital  physician 131 

from  harbor  masters  to  board  of  health.  152 

from  street  superintendents 109-110 

from  police  as  to  garbage 99 

from  pension  commissioners  war  1812 3 

from  corporation  to  State  comptroller  as  to 

auction  duties 44 

from  register  as  to 1 

from  inspector  of  buildings 21 

from  coroners  to  police  commissioners 4 

from  fire  inspector  to  State's  attorney 4 

false,from  inspector  of  oils 21 

from  Houses  of  Refuge  and  Reformation  to 

General  Assembly ., 3,15 


,  ABT. 

PAGE 

17,38 

263, 706 

38 

706 

41 

834-837 

14 


14 


220-222 


1 

23-24 

9 

163 

11 

158 

11 

159 

11 

166 

13 

176 

286 


19 

-  274 

20 

286 

20 

290 

20 

295 

20 

297 

22 

328 

22 

885 

23 

887 

23 

887 

23 

404 

23 

424,  433 

23 

436 

23 

418 

23 

415 

24 

443 

6 

105 

6 

106 

7 

116 

12 

171 

20 

280 

20 

284 

26 


456, 460 


1272 


Index. 


REPORTS— Confo'nucd,  sec.  art. 

from  House  of  Good  Shepherd  to  governor...  35     26 

from  collector  of  taxes  to  Circuit  Court 10  49 

from  inspector  and  sealer  of  gas  meters  to 

mayor 10    28 

from  inspector  of  illuminating  gas  to  mayor,  13     28 

of  city  inspectors  19     28 

from  standard  keepers  to  register 38  28 

from  visitors  of  jail 24  29 

from  trustees  of  McDonogh  fund 7  84 

from  clerks  of  markets  to  mayor 4  35 

from  park  commissioners 5  37 

from  trustee  to  court  under  mortgage  pro- 
ceeding  5  36 

from  marshal  of  police  to  board.. 17  38 

from  school  commissioners  to  State  board 2  43 

from  superintendent  of  public  instruction  to 

council 11  43 

to  school  commissioners 7  43 

from  school  commissioners  to  council 14  43 

from  sewer  commissioners 17  44 

from  commissioners  of  finance 13  46 

from  surveyor  to  mayor 6  48 

to  mayor,  from  Appeal  Tax  Court 6,  17  49 

from  water  board  to  city  council 3  63 

of  water  engineer  and  registrar 8, 12,  14  53 

of  water  oflBcers 22  53 

RESOLUTIONS— 

how  made  evidence 12       1 

to  employ  extra  counsel 6  13 

see  Ordinances..... 

REWARD— 

offered  by  chief  engineer  of  fire  department...  11  20 

by  fire  inspector 43  20 

by  mayor  for  arrest  of  murderers,  &c 1  38 

RICE— 

damaged,  not  to  be  brought  into  city 137  23 

RICHMOND  MARKET— 

rent  of  unoccupied  stalls 119  36 

limits  of. 116  36 

bond  of  clerk 117  35 

stalls „ 118  86 


PAGE 

467 
1062 

520 
621 
623 
529 
638 
696 
630 
678 

669 
704 
844 

861 
850 
862 
875 
908 

1055 
1072,  1077 

1030 
1180,  1132. 

1184 

1137 

12 

177 


28d 

298 
709 

429 


664 
666 
666 
666 


iNDKi. 


1273 


RIGHT  OF  WAY—  sec.  art. 

on  tracks  of  city  railways 24-29     40 

ROBIXS- 

aparrows,  wrens,  &c.,  protected 123     47 

ROCKETS— 

prohibited 45_47     20 

RONDO  TABLE— 

license  for 1_2     33 

ROOFING— 

ciiemical  preparation  for,  prohibited  in  city,  54     23 

slate  and  other 16       7 

RUBBISH— 

in  streets  prohibited 101     23 

RULE  DAYS— 

decisions  on  law  of,  notes 14 

SABBATH— 

drivers  of  carriages,  &c.,  not  to  seek  employ- 
ment on 14       8 

wagons,  &c,,  not  to  stand  in  streets  on 15      g 

bathing  on 96     22 

market  houses  to  be  cleaned  on 113.3  26,35 

cars  not  to  remain  on  streets  on 1     40 

passenger  cars  to  run,  note 29     40 

York  road  cars  to  run  on,  note 40 

observance  of. I     42 

decisions,  notes 42 

selling,  giving  away,  &c.,  liquors,  cigars,  &c.: 

license:  exceptions 2     42 

keeping  open  dancing  saloons,  opera  houses, 

ten-pin  al'eys,  barber  shops,  &c.,  on 8     42 

driving  cattle,  &c.,  through  the  streets   on: 

exceptions 1     42 

selling  fruit,  liquor,  &c.,  on 2     42 

sporting  and  gaming  on 3     42 

bands  of  music  not  to  parade  on 4     42 

light  on  Sunday  night 92     47 

SAINT  MARY'S  INDUSTRIAL  SCHOOL— 

forboys 26-27     26 

SALARIES— 

of  mayor 1       1 

of  mayor  ex-officio 2       1 

of  secretary  to  the  mayoralty 4       1 


PAOE 

780 

1035 

299 

679 

400 
114 

416 

194-200 


186 
186 

366 
419.  628 
728 
732 
768 
&88 
838, 840 

839-840 

840 

841 
841 
841 
841 

1027 

464-466 

16 

16 

•    16 


1274 


Index. 


8  ALARlFiS— Continued.  sec 

of  clerk  to  mayor 5 

of  city  messenger 2 

of  watchmen  at  city  hall... 'V4 

engineers  and  firemen 6 

pay  of  members  of  council 11 

what  salaried  officials  to  give  bind 46 

not  to  be  increased  or  diminished  during  term 

of  office 47 

extra  compensation 48 

when  paid ,... 49 

of  almshouse  officers 7,14 

of  inspector  of  buildings  and  clerk 20 

feesof  superintendents  of  chimneysweepers..  5.  11 

of  comptroller 1 

of  superintendent  of  city  hall 1 

of  clerks  to  comptroller 14 

comptroller's  duty  as  to 4 

of  register 29,  22 

of  deputy  register 29 

of  register's  clerks 28 

of  coroner 1 

of  counselor .*. 7 

of  solicitor 7 

of  examiner  of  titles 13 

of  judges  of  Supreme  Bench 5,  1 

of  clerks  of  courts 11,  60 

of  judges  of  Orphans'  Court 14,  45 

of  States'  attorney...  21 

of  officers  of  thg  courts 25,  61-67 

of  biiiliff  of  Orphans'  Court 46 

of  stenographers 69 

of  sheriff 72 

of  justices  at  station  houses 86,87,  88 

fees,  &c.,  of  justices  and  constables 100-104 

of  superintendent  of  court  house  and  record 

office 6 

of  watchman  of  court  house  and  record  office..  6 

of  janitor  of  the  Orphans's  court 8 

of  janitor  of  masonic  hall 9 

of  watchmen  of  masonic  hall 10 

of  officers  of  fire  department, 6 

of  officers  of  police  and  alarm  telegraph 32,  34 

of*fire  inspector  paid   by  insurance  compa- 
nies   41 


ABT. 

PAGE 

1 

17 

10 

155 

10 

155-156 

10 

156 

18 

61 

61 

01 

62 

2 

68,69 

115 

9 

149,151 

11 

158 

10 

154 

11 

162 

11 

160 

11,49 

167, 1067 

11 

167 

11 

167 

12 

170 

13 

176 

13 

176 

13 

178 

14 

184,233 

14 

187,212 

14 

188,208 

14 

191 

14 

192,212-214 

14 

208 

14 

214 

14 

217 

14 

223-225 

14 

228-232 

14 

237 

14 

237 

14 

238 

14 

238 

14 

239 

20 

287 

20 

294-295 

20 


287 


Index. 


1275 


SALARIES — Continued.  sec.  / 

of  harbor  masters 11-12,20,31 

of  wharfingers 27,  33 

of  engineer,  clerks,  &c.,  of  harbor  board....  9 

keeper  of  Barman's  bridge 92 

keeper  of  draw  bridge 94 

of  vaccine  agent 21 

of  health  commiBsiouer  and  assistant 2 

of  vaccine  physicians 122-123 

of  marine  hospital  physician  and  assistant  ..  145,  132 

of  boatmen,  &c.,  at  marine  hospital 146 

of  superiutendent  of  streets,  laborers,  Sec... 

109,113,116,117 
of  general  superintendent  of  lamps  and  in- 
spector, &c.,  of  gas  meters.. 5,  9,  10 

of  inspector  of  illuminating  gas 17 

of  keepers  of  standards  of  weights  and  mea- 
sures   88, 89 

pay  and  fees  of  warden  of  jail 15 

of  warden  and  assistants 22 

pay  of  jurors 28.2 

of  librarian  and  assistant 3,  10 

of  clerks  of  markets,  assistant  keepers  and 

cleaners 58 

fees  of  gauger  of  casks  and  liquors 10 

inspectors  of  hay  and  straw 15,  20,  23,  2G,  28 

weigher  and  clerk  of  live  stock 46,  47 

inspectors  of  steam  boilers 70 

weighers  of  grain 88 

measurer  of  wood  carts 101 

superintendent  of  Putterson  Park 1 

of  police  comcnissioners 2 

of  clerk  to  police  com  m  issioners 4 

of  police  force 6 

clerk  to  marshal  of  police 7 

city  printer 3 

of  teachers  in  public  schools 2,14 

of  secretary  to  school  commissioners 6 

of  superintendent  of  public  instruction 11 

©f  assistant  superintendent 12 

of  school  teachers,  &c.,  paid  by  register 19 

of  clerk,  &c.,  to  commissioners  for  sewers 4 

of  keepers  of  squares  and  springs 4 


aT. 

PAGE 

22 

319,341,343 

22 

322,  323 

22 

336 

22 

363 

22 

365 

23 

882 

23 

385 

28 

422 

23 

484,  425 

23 

484 

23 

418,419,420 

28 

618,519-520, 

1166 

28 

522 

28 

527, 529 

29 

536 

29 

538 

31 

565, 569 

32 

671,573 

85 

646-648 

28 

482 

28 

483,484,485 

486,487 

28 

492,  493 

28 

501 

28 

506 

28 

510 

37 

685 

38 

691 

38 

698 

38 

695 

38 

696 

39 

715 

43 

844, 852 

48 

849 

43 

851 

43 

861 

43 

858 

44 

866 

45 

881 

1276  Index. 

SALARIES — Continued.  pec.  abt.  page 
of   commissioners   for  opening  streets    and 

clerk,  &c 23     47  1007 

of  city  commissioner  and  assistant  and  clerk..  63     47  1019 

of  superintendents  of  lamps  and  lamplighters  93     47  1027 

of  surveyor 5     48  1054 

of  judges  of  Appeal  Tax  Court 16,22,1     49  1066,1067, 

1070 

of  collector  of  State  taxes 23,28     49  1068,1069 

of  clerks  and  assessor  to  Appeal  Tax  Court..  1     49  1071 

of  collector's  bailiffs 14     49  1075 

of  city  collector  and  officers ......  59     49  1090 

of  officers  of  water  department 5     53  1030 

SALES— 

or  leases  of  city  property 2,14  1,46  10,908 

and  redemption  of  property  for  taxes 5-10     49  1061,  1063 

decisions  as  to,  note 49  1063-1064 

by  city  collector,  decisions,  no/c* 49  1092-1093 

SALT— 

not  to  be  used  to  melt  ice  or  snow 126     47  1038 

SALVAGE  CORPS— 

right  of  way  to 29     20  293 

not  to  be  interfered  with  going,  &c.,  to  fires..  30     20  293 

SCALES— 

for  hay  and  straw '. 14     28  483 

for  live  stock 37     28  490 

keeper  of  standard 21-39     28  523-529 

in  markets 44     35  642 

SCHOOLS— 

pupils  to  be  vaccinated 26     23  384 

vaccine  physicians  to  grant  certificates  for 

children  to  enter..... 124-125     23  422 

mayor  and  council  to  establish  :  powers 1     43  843 

powers  of  commissioners  of  public  report  to 

State  board 2     43  844 

ordinances  by  mayor  and  council 8     43  844 

taxes 4     43  844 

State  treasurer  to  pay  schoolfund  to  city....  5     43  844 

acts  of  assembly,  nofe , 43  844-845 

decisions,  noie 43  844,845 

estates  undistributed  for  want  of  representa- 
tives to  go  to :  Orphans'  Court  to  order 

payment  to  commissioners 6    43  845 


Index. 


1277 


SCHOOLS — Continued.  bec.  art.  page 

court  to  give  notice  before  so  onlering 7  43  845 

release  to  be  given  to  administrator 8  43  846 

what  obligation,  release  to  contain :  to  be 

recorded 9  43  846 

if  representatives  appear,  money  10  be  re- 
funded   '10  43  846 

rights  of  charitable  marine  societj' 11  43  846 

how   and    when    commissioners    of    public 

schools  appointed 1  43  847 

terms  of  office  of  the  several  commissioners, 

president  and  secretary 2  43  848 

election  of  commissioners  by  council 3  43  848 

expelling  members  of  school  board  :  vacan- 
cies, how  filled 4,6  43               848,849 

president :   secretary  :    salary    of  secretary : 

quorum 6  43  8J9 

superintendent   of    public   instruction :    his 

duties:  report 7  48  849 

assistant  superintendent  of  public  schools: 

term 8  48  850 

duties 9  43  850 

examination  of  applicants  for  positions  as 
teachers :     superintendent's    duty    as     to 

teachers 10  43  850 

salary  of  superintendent:  report  to  council...  11  48  851 

salary  of  assistant  superintendent 12  43  851 

duty  of  city  register 13  43  851 

powers  and  duties  of  commissioners:  teachers, 
books,  &c.:  by-laws  and  regulations:  re- 
port to  council 14  43  852 

board  to  have  charge  of  public  school  build- 
ings :   repairs 15  43  852 

rent  of  public  school  halls 16  43  852 

revenue  to  be  paid  register.-. 17  43  853 

members  of  board  not  to  be  interested  in  con- 
tracts, &c 18  43  853 

salaries:  register 19  43  858 

no  charge  for  tuition :  books  and  stationery..  20  43  853 

parents,  &c.,  to  be  citizens  of  Baltimore 21  43  854 

children  of  noD-tesidents :  charges,  how  paid  22  43  854 

books,  how  admitted  and  discontinued 23  43  854 

bequests,  &c.,  regulated :  conditions 24  43  854 

register's  duty  with  regard  to  school  fund 25  43  855 

assessments  for  paving,  &c.:  how  paid 26  48  855 


1278  Index. 

SCEOOTjS— Continued.  sec,  art.  page 

annual  apprip I iriations  not  to  be  exceeded 27  43  855 

certificates,  when  to  be  conferred 28  43  856 

to  be  paid  out  of  school  fund 29  43  856 

certificates  in  female  high  schools 80  43  856 

certificates,  when  to  be  given  to  certain  pupils  31  43  856 

floating  school 32-37  43  857-858 

schools  for  colored  children 38-40  43  858-859 

libraries 41-42  43  859 

Peabody  prizes,  MOile 43  43  869 

Johns  Hopkins  University 12-13  43  847 

scows- 
licenses,  &c.,  for 1,28,80,  32,35  8      127,139,  140. 

141,142 

at  wharves 67  22  355 

SEAL— 

of  city 11  9 

what  to  consist  of. 58  1  65 

register  keeper  of 59  1  65 

fees  of  register  for 59,21  1  65,165 

of  inspector  and  sealer  of  gas  meters 8  28  517,1164 

SECEETARY— 

mayor's. 4,6  1  16,17 

SEPTEMBER— 

twelfth  of 1  24  .    442 

SEWERS— 

to  drain  water  closets 83  23  410 

corporation  to  pave  and  keep  in  repair 1  44  862 

obstructing 2  44  862 

constructing,  enlarging,  &c.:  powers  of  mayor 

and  council 3  44  862 

benefits  assessed :  a  lien 4  44  863 

passage  of  ordinance  :  notice  to  be  given 6  44  864 

commissioners  :  notice  to  be  given  of  object 

ofordinance 6  44  864 

tax:  sinking  fund 7  44  864 

commissioners  for  opening  streets  and  city 

commissioner,  board 1  44  864 

oath  of  commissioners 2  44  865 

oath  to  be  recorded  and  certified  to 3  44  865 

clerk:  proceedings  to  be  recorded  ;  city  solici- 
tor :  city  surveyor  :  compensation  :  oath  of 

clerk,  &c 4  44  865 


Index. 


1279 


SEWERS— Continued.  sec.  art 

benefits  derived :  injuries  sustiiined :  assign- 
ment to  register  or  collector 5     44 

constructing,  opening,  &c.,  notice  :  meeting 
of  commissioners  :  damages  :  award  ;  as- 
sessment of  ground. 6     44 

when  part  of  house  or  lot  tajjea,  &c.:  five  per 
cent,  stock  ;  notice  ;  public  auction  ;  bond 
of  purchaser:  when  commissioners  tore-sell  7     44 

statement  of  damages:  description:  notice: 
commissioners  to  review  :  to  make  correc- 
tions: register  to  notify 8     44 

right  of  appeal  to  City  Court:  subpoena  duces 
tecum  to  register:  record  of  proceedings  of 
board  :  examination  of  witnesses :  jury  : 
decisions  to  be  entered  on  record  of  pro- 
ceedings: evidence:  costs 

duty  of  collector 

when  collector  to  sell  property  :  notice 

under  what  conditions  property  sold :  when 
collector  to  re-sell 

deed  from  collector  ;  purchase  money 

assessments,  liens:  consent  in  writing  :  dam- 
ages, paid  or  invested 

persons  not  claiming  title  may  pay  amount 
assessed  :  certificate 

when  commissioners  interested,  temporary 
appointment  by  mayor 

time  limited:  report  to  mayor  and  council... 

when  work  to  be  closed 

unexpired  term  of  years  in  lot 

obstructions:  suit  for  expenses 

per  diem  to  commissioners  and  clerk 

papers  and  books  to  be  deposited  with  register 

survey  of  route..  

advertisement  for  proposals 

contractors  to  give  bond 

penalty  for  obstructing 

not  to  be  tapped  or  opened 

private:  permission  to  construct 

payment 

powers  of  city  commissioner 

SEXTONS— 
duties  of,  as  to  registration  of  deaths 8,  7    41 


866 


866 


867 


869 


9 

44 

870 

10 

44 

872 

11 

44 

872 

12 

44 

873 

13 

44 

873 

14 

44 

873 

15 

44 

874 

16 

44 

874 

17 

44 

874 

18 

44 

875 

19 

44 

876 

20 

44 

875 

21 

44 

875 

22 

44 

876 

23 

44 

876 

24 

44 

876 

25 

44 

876 

26 

44 

877 

27 

44 

877 

28 

44 

877 

29 

44 

878 

78 

47 

1023 

885, 836 


1280  Index. 

SHAVINGS—  8E0.  ART.  ]?AGfe 

where  to  be  deposited  and  burnt ,.  70  20  807 

in  streets  prohibited 101  28  415 

SHEEP— 

cattle,  swine,  &c.,  driving  through  streets,. .,131-137  47  1039-1040 

SHERIFF— 

election  of. 18  14  190 

qualification:  term  of  office:  bond:  vacancy  18  14  190 

in  criminal  cases 27-32  14              204-206 

pay  of. 72  14  217 

collection  of  officers '  fees  by 73-75  14  217 

election  notices 21,3  17              258,264 

subpoena  to,  from  fire  inspector 4  20  280 

alphabetical  list  of  licenses  to  be  made  by  : 

to  be  returned  to  grand  jury  :  notice  to  be 

published:    fees 11  14  578 

when  to  act  under  board  of  police 9  88              698,706 

SHIPS— 

fireaboard 61  20  300 

landing  gunpowder 63,58  20              302,804 

see  Harbor,  Docks  and  Wharves 22 

SIGNS— 

and  sign  posts,  permits  for 2'*  7  117 

posts,  &c.,  regulated 36  7  121 

of  innkeepers 36  7  122 

SILVER  WARE— 

mayor  and  council  to  appoint  assayer  of 16  85 

oath  of  office 2  5  86 

bond  3  5  86 

not  to  be  concerned  in  sale  or  manufacture  of 

silver 4  5  86 

stamp  prescribed 5  5  86 

mayor  and  council  to  approve  stamp :  fine.,.  6  5  86 
forging  or  counterfeiting  stamp  or  marks,  &c,  7  5  86 
when  manufacturer  may  sell  without  stamp..  8  5  87 
name  of  manufacturer  to  be  stamped  :  pur- 
chaser may  have  ware  assayed 9  6  88 

false  mark  or  stamp 10  5  88 

when  purchaser  to  pay  costs  to  assayer 11  6  88 

when  seller  to  pay 12  6  89 

how  fines  and  penalties  recoverable 13  5  89 

not  to  extend  to  any  but  traders 14  5  89 


Index.  1281 

SKATING  RINKS—  sec.  art.  page 

and  ice  ponds  prohibited 44  23  397 

SKIDS— 

regulated.  128  47  1039 

SLAUGHTER  HOUSES— 

erection  of  within  city  limits 1  28  876 

nuisance:  notice 66-67  23  404 

not  to  be  erected  in  city 68  28  404 

pork  butchers  and  packers 69  28  405 

victuallers  may  keep  hogs :  permits 70-71  23  406 

SLEIGHS— 

to  have  bells 10  8  184 

SLIDING  BOARDS— 

regulated 128  47  1089 

SLOP— 

carts 49  23  398 

SMALL-POX— 

State  vaccine  agency  established 20  23  882 

physician  in  Baltimore  appointed  agent :  his 

duties  and  salary 21  23  382 

how  physicians  paid 22  23  883 

who  to  be  vaccinated 23  23  888 

penalty  for  wilful  use  of  defective  virus,  &c.  24  23  388 

duties  of  parents  and  guardians 25  23  383 

admitting  to  schools  unvaccinated  pupils 26  23  384 

how  fines  recoverable 27  23  384 

vaccine  agent  to  give  bond 28  23  884 

true  vaccine  virus  :  to  report  to  governor 29  23  884 

vaccine  physicians :  duties 119  23  421 

to  call  at  houses  :  duty  of  health  commissioner  120  23  421 

mayor's  duty 121  23  422 

vaccine  physicians  to  act  as  health  wardens : 

salaries 122  23  422 

to  attend  wounded  police  oflScers:  addition- 

alsalary 123  23  422 

to  grant  certificates  for  schools 124, 126  23  422 

vaccine  physicians  to  act  as  supervisors  of 

health  in  their  wards 126  28  423 

dispensaries  to  preserve  virus,  &c 127  23  423 

vaccination 127  23  423 

SMOKING— 

bmldings  for,  meat 15  9  162 


1282 


Index. 


SNOW —  SEO.  AET.  PAGE 

in  markets 3  86  629 

from  roofs 16  7  114 

duty  of  street  superintendents 108  28  417 

duty  of  police  witli  respect  to  snow,  &c 127  47  1038 

to  be  removed  from  footways 125-127  47           1086-1038 

decisions  as  to,  noi« 47  1087 

and  ice  in  streets,  salt  not  to  be  used  in 

melting 126  47  1038 

SOAP— 

manufacture  of. 1,69  23              376,402 

SOLICITOR— 

appointment  of. 1  18  174 

counselor  to  advise  with 2  13  175 

duties  of. 3  13  175 

report  to  council 3  13  176 

opinions  on  bonds,  &c 4  13  175 

substitute 6  13  176 

extra  counsel 6  13  176 

salary  of. 7  13  176 

appeals 8  13  176 

how  writs  to  be  endorsed 9  18  177 

as  to  contracts  of  Harbor  Board 5  22  885 

of  health  commissioner,  &c 104  28  416 

proceedings  as  to  licenses 18  88  584 

sewers 4  44  865 

SPARRING— 

exhibitions,  penalty  for 2  51  1105 

SPARROWS— 

robins,  wrens,  &c.,  protected 128  47  1036 

SPIRITS  OF  TURPENTINE— 

manufacture  of. 68  23  401 

SPOUTING— 

to  houses,  &c 82  7  120 

SPRINGS— 

city,  on  Calvert  street 2  44  881 

Eastern  City 13  44  884 

protected  from  privies 80  28  409 

protected  from  nuisances 66  58  1150 

SQUARES— 

commissioners  of  public  :  powers  and  duties..  8-4  45  881 

rules  for  springs  and 5  45  882 


Index. 


1283 


SQUARES — Continued.                          .  sec.  art. 

Htutetnent  of  receipts  and  expenditures 6  45 

jurisdiction  of  commissioners  over  pavements.  7  45 

Ashland 8  46 

Baker  Circle 9  45 

Broadway 11-12  45 

Eutaw  14-20  45 

Federal  Hill 21  45 

Franklin 22-35  45 

Harlem  Park 86  85 

Jackson 87-38  45 

Johnston 89  45 

Lafayette 40  45 

Madison 41-42  45 

Mount  Vernon 48  45' 

around  Washington  Monument 44  45 

Park  Place 45  45 

Perkins' Spring „ 46-47  46 

public  walk  on  Oliver  street 48  46 

Prospect 49  45 

Union 50-52  46 

SQUIBS— 

selling,  firing,  &c 45-47  20 

STABLES— 

carrying  lights  into :  notice 44,60  20 

filthy 33  28 

STALLS— 

on  wharves 83  22 

clerk  of  market  may  distrain  meat  for  rent 

of. 6  85 

corporation  may  sell  or  lease 8  86 

and  stands  in  markets 11-120  85 

STANDARDS— 

of  weights  and  measures 107,21-89  28 

see  Inspections,  Weights  and  Measures 28 

STATE'S  ATTORNEY— 

election  of. 19  14 

term  of  office :  removal 19  14 

returns  to  be  made  to   judge  of  Criminal 

court:  case  of  tie 20  14 

duties:  fees:  deputy 21,4  14,19 

qualifications 22  14 

vacancy 28  24 


PAGE 
■  882 
882 
882 
882 
883 

884-886 
886 

887-894 
895 
896 
896 
896 
897 
897 
898 
898 
899 
899 
900 

900-901 

299 

298, 299 
394 

360 

624 

625 

631-666 

512,  628-529 


190 
190 

191 

191,272 

192 

192 


1284  Index. 

STATE'S  ATTORNEY— Cbnitnuct?.,  sec,  art.  page 

to  collect,  &c.,  money  for  State 24  14  192 

bond 24  14  192 

fees  to,  in  removed  cases 42  14  207 

report  to,  from  fire  inspector 4  20  280 

STATION  HOUSES— 

justices  for 84-87  14  222-224 

STATIONERY— 

of  departments 4-7  32  571-572 

STEAM  BOILERS— 

and  engines,  permit  to  erect 26  7  117 

inspection  of. 58-75  28  496-502 

STEAMBOATS— 

speed  regulated 91  22  363 

STENOGRAPHERS— 

fund  for  payment  of. 68  14  214 

for  courts:  salaries :  duties :  reports  of  cases..  69  14  214 

for  Orphans' Court:  duties:  compensation...  70  14  215 

assistants 71  14  217 

depositions  taken  down  by,  decision,  note....  14  216 

STEPS— 

fronting  on  or  projecting  over  streets 3,17  7  109,114 

STOCKS— 

ice  boat,  no^c '    51  22  329 

for  cleansing  harbor,  noie 23  333 

park  stock,  no<e 1,8,3,6  37       677,683,685 

687,1171 
improvement  of  parks:  issue  of  bonds  au- 
thorized   8  37  683 

corporation  may  issue  certificates  of  stock  : 

amount 1  46  903 

levy 2  46  903 

corporation  and  public  debt,  issue  of  bonds, 

&c.:  to  create  sinking  fund  :  levy 3  46  904 

investments  of  sinking  fund  in  ground  rents.  4  46  804 

certificates ],7  46  905,907 

department  of  finance 8-16  46  907-910 

sinking  fund  and  funding  debts 17-28  46     910-913,1172 

almshouse 29  46  914-915 

city  hall 30  46  915-916 

court  house  and  division 31  46  917 

defence  and  bounty 32  46  917-919 


LVDBZ. 


1285 


STOCKS — Continued.  skc.  abt. 

harbor 33  45 

jail •         84  46 

Jones'  falls 86  46 

park 86  46 

see  Appendix 46 

water  and  Gunpowder  river 37,74-76  46,53 

list  of  holders  of,  for  Appeal  Tax  Court 18-21  49 

faith  of  city  pledged  that  city,  shall  not  be 

taxed 21  49 

see  Loans  and  Finance 46 

STONE— 

buildings  of 8-10  7 

throwing  stones  prohibited 129  47 

STONE  WARE- 

manufacture  of. ; 68  28 

STOVES— 

stacks  and  pipes :  flues  and  funaels 6-16  9 

STRAW— 

out,  where  to  be  kept:  notice 49  20 

inspection  of. 12-34  28 

sale  of,  regulated 18  28 

STREETS— 

assault  and  battery  in 1-8  4 

auctions  in 2  6 

horses  and  carriages  in 1-37  8 

stands  for  carriages,  &c 41-50  8 

fire  crackers  in 10,46  20 

squibs,  rockets,  torpedoes,  &c 45-47  20 

paving  to  remove  nuisances 1-7  23 

altering  grade  of,  for  health  of  city 30  23 

dirt  and  filth  in 31  23 

gutters  to  be  kept  clean 81  23 

nauseous  liquors  not  to  be  thrown  in 32  23 

vaults  of  privies  under  pavements  :  notice...  85-86  23 

inspection  of  goods  in 20  28 

mayor  authorized    to  grant  licenses  to  sell 

certain  articles  on  footways 39  33 

oranges,  &c.,  not  to  be  sold  in,  without  li- 
cense   40  33 

extent  of  license 41  33 

notice  to  be  given 42  33 


PAGE 

919 

919-920 

920 

920-922 

1171 

922,  1155- 

1157 

1066-1067 
1077 


111-112 
1089 

401 

149-152 

299 

483-489 

622 

83-84 

106 

127-142 

148-146 

282,  299 

299 

376 

385 

385 

394 

394 

411 

523 

590 

590 
591 
591 


1286 


Index. 


STREETS— Continued.  sec.    abt.  page 

dogsin 19-28     33  584-687 

supervision    of    assistant    commissioner    of 

health  over  superintendents  of 118     23  420 

superintendents  of 107-118     23  417-420 

unpaved  private  alleys 63     23  399 

digging  up  by  gas,  railroad  companies,  &c..  52    23  399,1173 

decisions  as  to  streets,  note 47  984, 1041-1060 

in  Baltimore  county,  noie 47  993 

goods  not  to  be  placed  on  footways  at  mar- 
kets   43     35  641 

f    footways  at  markets 69     86  662 

approaches  to  park  from  North  avenue 3     38  680 

around  and  leading  to  park 7     37  682 

driving  horses,  cattle,  &c.,  through,  on  Sun- 
day   1     42  841 

opening,  &c.,  in  front  of  schools 26     43  865 

earth  not  to  be  removed  from  unpaved,  with- 
out permission  of  city  commissioner 94     47  1027 

ditches,  &c,,  not  to  be  dug  in  alleys,  &c.,  with- 
out permission 95     47  1027 

regulations  for 112-130     47  1032-1039 

cattle,  sheep,  swine  and  goats  in 131-141     47       .    1039-1041 

see  Appendix 47  1173-1174 

see  Railroads 40 

STREETS— OPENING,  fee- 
power  to  open,  widen,  close,  &c.,  squares,  lanes 
or  alleys :  damages :  appeals :  jury   trial : 

compensation :  no<e  of  decisions,  &c 1     47  984-986 

notice  of  application 2     47  985 

notice  by  commissioners 3     47  986 

fixing  grades :  expenses 4     47  987 

to  provide  for  grading,  paving,  kerbing,  &c..  6     47  987 

when  special  ordinance  not  required 6     47  988 

who  deemed  owners 7     47  gss 

where  real  estate  has  been  divided  in  refer- 
ence to,  to  be  opened,  may  be  opened  :  no- 
tice   8    47  988 

so  opened,  public  highways 9     47  989 

commissioners  for  opening,  &c 1-27     47  993-1008 

decisions  as  to  opening  streets,  nofe 47  1041-1048 

assessments  for  benefits,  collector's  duty  as  to  53-54     49  1088 

STREETS— PAVING,  GRADING,  Ac- 
grades,  grading,  paving,  &c 28-61     47  1008-1019 


Ikdez. 


1287 


STREETS— PAVING,  GRADING,  &G.—C(mtinued. 

SEC.  ABT.  PAGE 

paving,  cleaning  out,  &c.,  private  wiiarf,  dock 

or  street :  expenses 10     47  ggg 

grading,  regulating,  paving,  &c.,  footways: 

tax:    fine H     47  ggg 

altering  grade   on   account  of  health  :  duty 

of  mayor  and  city  commissioner  :  persons 

to  assess  damages :  award 12    47  990 

decisions  as  to  paving,  &c.,  streets,  note 47  1048-1050 

taxes  for 50,52,66     49  1087,1088 

pipe  of  water  works  in 25     58  1138 

see  Superintendents  of  Streets 

STREETS,  REPAIRING,  MENDING,  Ac- 
powers  and  duties  of  city  commissioner 68-83     47  1019-1024 

SUBSCRIPTIONS— 

by  city:  see  Loans,  Endorsements,  &c 

SUITS— 

for  fines  and  penalties 1-10     19  270-276 

SULPHURIC  ACID— 

manufacture  of 63     23  403 

SUPERINTENDENTS— 

of  chimney  sweepers 1-18  9  147-163 

of  court  house  and  record  oflBce 2-3,  6-6  14  236-238 

of  public  instruction 7,8  43  849,860 

SUPERINTENDENTS  OP  LAMPS  AND  LAMPLIGHTERS— 

general  superintendent,  see  Appendix 1164-1166 

appointed  by  mayor :  duties 91    47  1026 

light  on  Sunday  night 92     47  1027 

compensation  of  superintendents  and  lamp- 
lighters   93     47  1027 

SUPERINTENDENTS  OF  STREETS— 

cleaning  streets 31     23  885 

city  divided  into  five  districts  :  appointment 

of. 107     23  417 

to  act  as  agents  of  corporation :  their  duties : 

ice  and  snow 108     23  417 

to   superintend  men,   horses  and  carts :   to 

make  weekly  reports  to  commissioner  of 

health:    register  to   pay  superintendents 

weekly ,, 109    23  418 


1288 


InTDBX. 


SUPERINTENDENTS  OF  STREETS— Cbniinwec?. 

SEC.  ART. 

weekly  reports  :  examined  by  assistant  com- 
missioner   110  23 

to  notify  the  mayor  of  all  offences  committed.  Ill  23 

power  to  employ  additional  force 112  23 

market  houses  to  be  cleaned  on  Sunday 113  23 

power  of  mayor  to  discharge 114  23 

bonds  of 116  28 

compensation    of,  of  hands,  &c.:  substitute : 
pay  :  horse,  cart  and  driver :  pay  of  gar- 

bagecarts 116  23 

scale  of  prices:  report   from   commissioner 

of  health 117  22 

supervision   of  assistant   commissioner  over 

superintendents 118  23 

removal  of  garbage,  manure  and  refuse 91-106  23 

SUPERIOR  COURT— 

jurisdiction 1-2  14 

clerk  of. 11-12,18,51-60  14 

officers  of. 25,61-63  14 

terms  of. 3  14 

return  days  of. 4  14 

act  for  dispatch  of  business  in , 3-13  14 

stenographers  to 68  14 

superintendent  of  record  office 2  14 

clerk  of,  to  keep   index  of  judgments  and 

decrees 56  14 

watchman  of  record  office 2  14 

clerk  of  to  furnish  Appeal  Tax  Court  lists  of 

deeds  and  mortgages,  &c 7  49 

SUPERSEDEAS— 

in  what  cases  not  taken  by  justices  of  peace, 

but  by  clerks  of  courts 98  14 

superseded  judgments  of  justices  8  19 

SUPERVISORS— 

of  elections 4  17 

SUPREME  BENCH— 

six  courts 1  14 

jurisdiction  of  Superior  Court,  Court  of  Com- 
mon Pleas  and  City  Court 2  14 

jurisdiction  of  Circuit  Court :  habeas  corpus.  3  14 

jurisdiction  of  Criminal  Court 4  14 


PAGE 

418 
418 
419 
419 
419 
419 


420 

420 

420 
413-417 

182-183 

186-188,  209 

212 

192,  212-213 

193 

193 

198-201 

214 

236 

210 
236 

1073 


228 
275 

249 

182 

183 
184 
184 


Index.  1289 

SUPREME  BENCE—Cmtinued.  sec.  art.  page 

judges' term  of  office :  salary 5,1     14  184,288 

assignment  of  judges :  may  be  changed  from 
time  to  time  :  jurisdiction  :  sickness,  ab- 
sence or  disability 6     14  185 

jurisdiction  of,  decisions,  no^M 14    182,183,185, 

'  201 

general  terms  :  rules  of  court :  jurisdiction  : 

right  of  appeal 7     14  186 

no  appeal  to,  from  Gty  Court  on  appeals 

from  justices  of  the  peace:  test  of  writ 8     14  186 

quorum 9     14  186 

cases  pending  in  old  courts  to  be  proceeded 

with :  City  Court 10     14  186 

clerks  of  courts:  term  of  office:  salaries:  per- 
quisites not  allowed  :  vacancy 11     14  187 

authority  of  clerks  of  Common  Pleas  and  Su- 
perior Courts:  licenses  :  deeds,  &c.:  Balti- 
more County  Court  records :  clerk  to 12     14  187 

another  court  in  Baltimore  city :  reappor- 
tionment of  jurisdiction  of  Baltimore  courts: 
clerks' bonds 13     14  187 

SURVEYOR— 

duty  as  to  sewers 4,23    44              865,876 

duties,  &c.,  of 1-8    48          1051-1056 

fees  on  sale  of  property  for  taxes 45     49                    1084 

see  Commissioners  for  Opening  Streets 47 

see  Streets  and  City  Commissioner 47 

SWINE— 

keeping 69-72     23  404-406 

sheep,  cattle,  goats,  &c.,  in  streets 181-141     47  1039-1041 

TAVERNS— 

signs  and  sign-posts  of 36       7  122 

TAXES— 

for  poor 12  73 

annual  levy 3     11  159 

property  sold  for 8-10     11  161 

redemption  of  property  sold  for 8,6-10  11,49       161,1061- 

1063 

police 8     38  697 

payment  to  register,  &c.,  by  State  treasurer.     29,  22  11, 49         167, 1067 

school 4,25,29     43       844,855,856 

State  treasurer  to  pay  school  fund  to  city 5    43  844 


1290 


Index. 


TAXES — Continued,  sec.  art. 

paid  by  colored  persons,  note 40    43 

forsewers 7    49 

direct 1     49 

power  to  levy,  defined,  exemptions,  decisions, 

notes 2     49 

limits  of  direct  taxation 3,63     49 

on  officers' commissions 31     28 

collection  of  taxes:  enforcement  of  payment, 

decision,  no^c 4     49 

sale  of  property  :  notice 5     49 

purchase  money  :  credit 6     49 

redemption  :  deed  to  purchaser :  payment  to 

register 7     49 

owner  of  property ;  investment  in  city  stock, 

&c 8     49 

redemption  within  a  year  and  a  day 9     49 

collector  to  report  to  Circuit  Court  sales  of 

lands  for  taxes:  procedure 10     49 

decisions,  riote 49 

within  what  time,  to  be  collected,  (fee 11-12     49 

bridges  and  highways 13-14     49 

Appeal  Tax  Court 15-22     49 

collector  of  State 23-28     49 

Appeal  Tax  Court  and  assessors 1-20     49 

permits  to  erect  buildings 22-27     49 

city  stocks  exempt  from 21     49 

collector  of  city 28-60     49 

decisions  on,noie 49 

TELEGRAPH— 

police  and  fire  alarm 31-40     20 

origin,  reconstruction  and  connections  of  po- 
lice and  fire  alarm,  notes. 20 

to  salvage  corps,  Marine  Hospital,  &c.,  notes  20 

TELEGRAPH  POLES— 

permits  for  erecting 26-30      7 

TENANTS— 

see  Tenants  for  Years,  or  at  will 50 

holding  over,  proceedings  before  justice,  not 

removable,  decisions,  noie* 14 

decisions  as  to  landlords  and,  notes 50 

a^ENPIN  ALLEYS— 

not  to  be  open  on  Sunday 3    42 


PAGE 

859 

864 

1059 

1060 

1060,  1091 

489 

1060 
1061 
1061 

1061 

1062 
1062 

1062 
1063-1064 
1064 
1066 
1067 
1069 
1077 
1078 
1077 
1090 
1093 


1065- 
1068- 
1070- 
1077- 

1079- 
1092- 


293-297 

293-294 
293-294 

117-119 


220-22] 
1099-1103 

840 


Index.  1291 

THEATRICAL  EXHIBITIONS—  skc.  abt.  paob 
women  and  girls  not  to  be  employed  as  wait- 
ers in  places  of  amusement 12     61  1104 

indecent  or  blasphemous 1     gi  1105 

acrobatic  feats  :  net  work  to  be  provided 3-4    61  1105 

see  Amusements,  Licenses g8 

THIEVES  AND  PICKPOCKETS— 

duty  of  police :  punishment  of  in  city  :  in- 
dictment and  evridence 26     88  707 

on  railroads:  duty  of  police 27     88  708 

TIMBER— 

on  wharves 64    22  354 

see  Lumber 

TITLES— 
examiner  of 10-13     13  177-178 

TOBACCO— 

sale  of  manufactured 47       6  106 

landing,  at  wharves 36-37     22  324-825 

warehouses 36,77  22,28  324.358,616 

pier  at  warehouse  wharf,  no^« 22  324 

wood  on  wharves  not  to  interfere  with 45     22  326 

wharfage  to  tobacco  inspector 4fi     22  327 

inspection  acts  relating  to,  noie 28  516 

TOLLS— 

of  Baltimore  and  Yorktown  Turnpike  Road 

in  city,  decisions,  no^c* 40,47  766,990 

TOMBSTONES— 

penalty  for  injuring , 18       7  113 

TONNAGE— 

power  to  levy 6,13  22  318,319 

on  vessels 26  22  342 

propellers,  barges  and  canal  boats  to  pay 30  22  343 

account  to  be  kept  of 36  22  344 

see  Harbor,  Docks  and  Wharves 22 

TORPEDOES— 
prohibited 45-47     20  299 

TORTS— 

costs  in  actions  for 103     14  231 

TRACKS  AND  SWITCHES— 

railway,  regula';ed 11     40  726 

to  be  kept  in  good  condition 12    40  726 

see  Railroads ^0 


1292 


Indbx. 


TEEES —  8EC.  ART.                        PAGE 

penalty  for  inju.ing  in  streets,  &c.:  removal 

of  by  city  commissioner 122    47                   1035 

TKEE  BOXES— 

lettered,  permitted * 84       7                      121 

TROUGHS— 

in  streets  prohibited 113     48                    1032 

TRUSTEES  OF  THE  POOR— 

see  Bayview  Asylum 2 

TURNPIKES— 

running  into  city 13    47                      990 

decisions,  notes 40,47           766,990 

purchase  of,  by  city 16     47                      992 

TURPENTINE— 

spirits  of. 58     23                      401 

UNDERTAKERS— 

duties  of,  as  to  registration  of  deaths 3-7     41               835-836 

UNION  RAILROAD— 

construction,  &c 249-251     40  829-880 

right  to  cross  turnpike,  decision,  note 40                      830 

guarantee,  &c.,  for,  by  city 42     46              943-960 

UNIVERSITY  OF  MARYLAND— 

hospital  of. 11     25                      450 

property  of,  on  Mulberry  street,  note 48                      845 

VACCINATION— 

see  Small  Pox 28 

VAGRANTS— 

in  jail,  to  work 11     29                      536 

list  of  sent  to  Criminal  Court  by  warden 36     29                      540 

warrant  to  arrest  by  whom  issued  :  when  re- 
turnable   1     52                    1107 

who  deemed 2    62                    1107 

on  proof  of  vagrancy,  where  sent 3-4     52           1107.  1108 

ofBcers  to  detain... 5     52                    1108 

to  compel  to  work 6     52                     1108 

terms  of  confinement 7     52                     1108 

rules  and  regulations 8     52                    1108 

guardian  of  minor  to  be  summoned 9     52                    1109 

minor  may  be  bound  by  judge  or  justice 10     52                     1109 

who  deemed  minors 11     52                    1109 

jurisdiction  ia  case  of  minors 12    52                    1109 


Index.  1293 

VAGRANTS — Continued.  sec.  art.  pagk 

cases  in  Criminal  Coart 13-14  52  1109 

costs 15  52  1110 

children  excluded  from  dance  houses,  concert 

saloons,  &c.:  exception 16  52  1110 

habitual  begging :  care  of  child 17  52  1111 

what  children  to  be  arrested 18  52  1111 

to  what  institutions  committed 18  52  1112 

persons  representing  themselves  as  parents, 

&c 19  52  1112 

mendicant  children,  no^e 52  1111 

Home  of  the  Friendless 20-25  52           1112-1114 

Henry  Watson's  Children  Aid  Society 2(]  52  1114 

Boys'Home 27-29  52  1115 

Dolan  Children's  Aid  Society 30  62  1116 

Hebrew  Orphan  Asylum 31-32  52               .     1116 

Protestant  Infant  Asylum 33-34  52  1117 

see  Bay  view  Asylum 2 

Houses  of  Refuge  and  Reformation 26 

VARNISH— 

manufacture  of. 56,58  23  401 

VAULTS,  AREAS  AND  CELLARS— 

city  commissioner  to  give  permit  to  construct.  9G  47  1028 

penalty  for  constructing  without  permit 97  47  1028 

application  for  permit 98  47  1028 

payment  to  Regioter 99  47  1028 

penalty  when  number  of  feet  exceeds  num- 
ber paid  for 100  47  1028 

to  be  completed  within  what  time 101  47  1029 

extent  of  areas 102  47  1029 

areas  to  be  enclosed,  decision,  noic 103  47  1029 

what  constitutes  vaults  and  areas 104  47  1030 

entrances  to.  cellars  to  be  covered  when  not 

in  use 105  47  1030 

cellar  doors,  how  to  be  constructed 106  47  1030 

duty  of  police 107  47  1030 

vaults,  how  to  be  covered 108  47  1030 

apertures  of  vaults,  how  to  be  covered 109  47  1031 

precautions     while     constructing:     lighted 

lamp 110  47  1081 

removal  of  covering  to Ill  47  1082 

VESSELS— 

fire  aboard 51  20  300 

landing  gunpowder  from 53,58  20              302,304 


1294  Index. 

VESSELS — Continued.  seo.  art.  page 

masters,  &c.,  selling  wood  without  license  ...  7     38  577 

see  Harbor,  Docks  and  Wharves 22 

VICTUALLERS— 

when,  may  keep  hogs 70-71     23  406 

VIRGINIA.  VALLEY  RAILROAD— 

subscription  to  stock  of,  by  city 43     46  950-952 

WAGONS— 

on  wharves , 83     22  360 

see  Carts,  Carriages  and  Horses 

WAIiLS— 

dangerous  to  be  taken  down 21       7  116 

party  or  partition,  decisions,  noie 41-45       7  128-126 

WAR  1^12— 

appropriation  for  soldiers,  &c.,  of 2     24  442 

WARDEN- 

of  jail 14-36     29  636-641 

WARDS— 

and  precincts 38,  1-3  1,  17  25-58,  248 

city  divided  into 3       1  10 

duty  of  corporation 3       1  10 

managers  of  the  poor 30-33       2  72-73 

justices  of  the  peace  for 16,77     14  189,218 

constables  for 16,96     14  189,227 

election  precincts  of. 1-3,2     17       248-249,264 

fire 1,18     20  278,290 

vaccine  physicians  for 119     23  421 

removal  of  justices' cases,  decisions,  nofc 14  220-222 

WARRANT- 

police  arresting  without  a,  decisions,  notes...  38  712-713 

WASHINGTON  MONUMENT— 

squares  around 44     46  898 

note 45  880 

WASHINGTON  UNIVERSITY— 

hospital  of, 11     26  460 

WATCHMEN— 

ofatyHall 3-5     10  156-156 

of  office  of  Court  of  Common  Pleas 66-67     14  213-214 

of  court  house  and  record  office 4-5     14  237 

of  masonic  building 10     14  239 

of  water  works 12,1     53  1126,1129 


Index.  1295 

WATEE —  8EC.  ART.  PAGE 

screws  of  fire  plugs 20-21  20  291 

use  of  fire  plugs  by  fire  department 22  20  291 

obstructing  fire  plugs 23  20  291 

vaults  of  privies  to  be  made  imperyious  to...  80  23  409 
not  to  be  drawn  from  Fell's  Point  reservoir 

for  shipping  purposes 62  36  644 

from  fountain  in  Union  square,  no^c 46  901 

from  gutters  not  to  be  thrown  on  streets 124  47  1086 

power  to  mayor  and  city  council  to  purchase, 

&c.,  lauds,  water,  &c.,  to.  introduce  water 

intocity 1-2  63  1122 

proceedings  to  condemn,  «&c 3-11  63  1122-1126 

rates,  abatements,  &c 12, 16-24  63  1125,  1134-1188 

watchmen  and  police 12,1  63  1126,1129 

power  to  purchase  rights  of  companies 18  62  1126 

Lake  Roland,  reservoir  dams 14-18  53  1127-1128 

pumps  and  wells 19,60-66  63  1128-1160 

water  board 1  63  1129 

officers  of  water  department 6  68  1130 

registrar 6-12  63  1131-1183 

engineer 13-14  63  1133,1134 

works 25-66  68  1188-1151 

Druid  lake 67-68  68  1161 

Gunpowder  river 69-78  53 

stock  of  1916 74-76  53 

stock  of  1876,  note 68 

Gunpowder  river  stock  of  1894 76  63 

WAT— 

right  of,  on  city  railway  tracks 24-26  40  780 

vehicles  in  passing  railways  to  take  the  right  8  40  725 

WEAPONS— 

carrying  concealed 22  38  760 

WEIGHTS  AND  MEASURES— 
corporation  to  make  standards  conform  to 

State  standards 107  28  612 

public  general  law 28  512-516 

assize  of  bread  and  size  of  bricks 108  28  613 

keepers  of  standards  appointed  :  bond  :  two 

keepers  of  weights  and   liquid   measures, 

and  one  keeper  of  dry  and  long  measures..  21  28  528 

offices 22  28  624 

comptroller  to  procure  sets  of  weights  and 

measures 23  28  524 


1296 


Index. 


WEIGHTS  AND  MEASVKES— Continued.  sec.  abt. 

what  the  standmn  shall  be 24     28 

inspectors  to  adjust  weights  acd  measures,...  26     28 

dimensions  of  dry  measures 26     28 

weights,  &c.,  to  be  stamped 27     28 

stamp  for  dry  measures :  counterfeiting 28     28 

scale  beams  to  be  stamped 29     28 

patent  balances,  &c,,  to  be  stamped  and  in- 
spected once  in  each  year 30     28 

when  found  untrue,  to  be  condemned  :  using 

condemned  balances,  &c 31     28 

using  altered  weights,  &c 32     28 

fees  of  standard  keepers 33     28 

to  inspect  once  a  year,  and  no  oftener 34-35     28 

to    visit    markets,    stores,    &c.,  to    inspect 

weights,  &c 36     28 

refusal  to  allow  inspection  ;  duties  of  inspect- 
ors and  clerks  of  markets 37     28 

annual  return  to  register :  districts 38     28 

additional  compensation 39     28 

charcoal 40-47     28 

coal 48     28 

firewood 49     28 

ice 50-61     28 

weight  of  butter 4.    35 

when  forfeited  for  light  weight 4     35 

mode  of  weighing  in  markets 28     35 

care  of  public  scales  and  weights  at  markets  44     36 

rent  of  scales 44     36 

WESTERN  AVENUE— 

in  Baltimore  county,  note 47 

WESTERN  MARYLAND  R.  R.— 

construction  of,  «&c 252    40 

jurisdiction  over,  decision,  Tiofe 40 

guaranties,  &c.,  for,  by  city 44     46 

acts  asto,note 46 

decision  as  to  hypothecating  stock  of  B.  &  O. 

R.  R.  Co.  for  benefit  of,  note 40 

Hillen  station 45     46 

WHARFAGE— 

on  articles,  for  less  than  a  day 46       6 

regulated..,. 25,  30-43     22 

rates  of,  on  lumber  and  firewood 21,57     22 

neglecting  to  pay 29     22 


PAGE 

524 
524 
524 
525 
626 
526 

526 

527 
527 
527 
628 

628 

529 
629 
629 
529-531 
681 
682 
682 
624 
624 
688 
642 
642 

988 

881 
881 

952-978 
976-978 

964-965 
974-976 

106 

322, 323-326 

841,  351 

843 


Index. 


1297 


WB.ABFAG'E— Continued.  sv.c.  abt. 

how  collected 34  22 

onvessels 57  22 

further  rates  of 68  22 

two  or  more  vessels  belonging  to  same  per- 
son   68  22 

on  goods  landed  on  or  shipped  from  public 

wharves 69  22 

harbor  masters  to  make  returns  to  register...  81, 60  22 

vessels  chargeable  with 61  22 

master  or  owner  responsible 61  22 

power  of  mayor 62  22 

rates  of,  on  lumber 66  22 

when  paid  by  fishermen 78  22 

on  goods  in  transitu 84  22 

on  wood 44-46  22 

see  Harbor,  Docks  and  Wharves 22 

WHARFINGERS— 

appointment  and  duties  of 22-43  22 

WHARVES— 

used  by  ferry,  decision,  note 18 

fire  aboard  vessels 61  2% 

powers  of  wharfingers  over 22-43  22 

Pratt  street 84,89  22 

retailing  goods  prohibited  on  Pratt  street....  40  22 

retailing  goods  at  public,  regulated 41  22 

when  goods  pla«ed  on,  to  be  removed 63  22 

firewood,  lumber,  &c.,  regulated 64  22 

on  Bowly's  wharf 65  22 

space  vessels  may  occupy :  scows 67  22 

Pratt  and  Light  street 68-72  22 

decision  as  to  Light  street,  note 22 

wood  or  lumber  not  to  be  landed  on  McEl- 

derry's  or  Dugan's 73  22 

not  more  than  one-third  of  said  wharves  to 

be  occupied 74  22 

vessels  not  to  remain  more  than  four  days...  75  22 

goods  on,  regulated 76  22 

in  front  of  tobacco  warehouses 77  22 

what,  fishermen  to  have  exclusive  use  of 78  22 

goods  belonging  to  unknown  persons  to  be 

removed 79  22 

when  and  ho^  said  goods  may  be  sold 80  22 

nuisances , SI  22 


PAGE 

844 
851 
351 

352 

352 
843, 353 
353 
358 
858 
854 
359 
360 
826-327 


821-826 

266 

300 

321-326 

823,  345 

346 

346 

354 

354 

354 

355 

355-357 

355-356 

357 

357 
358 
358 
858 
359 

359 
359 
859 


1298 


Index. 


WHARVES — Continued.  sec.  art. 

carts,  &c.,  on 82  22 

harbor  masters  to  collect  penalties,  &c 83  22 

to  account  monthly  and  pay  to  register 83  22 

booths,  &c.,  prohibited 83  22 

duty  of  health  commissioner  as  to 14,18  23 

how,  not  to  be  filled  up 45  23 

wood  on 44-46  22 

duty  of  city  commissioner  as  to 82  47 

see  Harbor,  Docks  and  Wharves 22 

WHEELBARROWS— 

on  footways 118  47 

WHIRLIGIGS— 

prohibited 61  23 

WILKINS  AVENUE— 

in  Baltimore  county,  noie 47 

WINDOWS— 

bay 26-29  7 

bulky  articles  not  to  be  thrown  from  :  sliding 

boards,  &c.,  regulated 128  47 

WITNESSES— 

in  criminal  cases .♦. 22,28,29,  39  14 

paying  of,  in  courts 76  14 

depositions  of,  decision,  Twte 14 

WOOD— 

buildings  of,  regulated 1-7  7 

on  wharves 44-46  22 

where  not  to  be  landed 88-40  22 

firewood,  &c 21-23  22 

not  to  be  landed  on  McElderry's  or  Dugan's 

wharves 78-75  22 

on  Light  street  wharf 69-72  22 

yards 30  23 

cord:  measurement,  &c.,  of  carts  hauling...  101-105  28 

sale  of  fire 49  28 

hucksters  to  be  licensed :  costs 4  33 

one  license  not  to  include  more  than  two  per- 
sons   5  28 

penalty  for  retailing  without  license 6  28, 

masters  and  owners  of  vessels  excepted. 7  28 


PAGE 

859 
860 
360 
360 

388,  389 
897 

826-327 
1024 


1034 


399 


993 


117-119 
1039 


203,  205,  206 
218 
216 


109-111 

326-827 

325 

341-342 

357-358 
356-357 

393 
509-512 
531-532 

676 

576 
576 
«77 


IlTDEX. 

WRITS—  BBC.  ABT. 

how  to  be  endorsed 9     13 

test  of. 8     14 

return,  renewal,  &c.,  of 4-7, 13     14 

ofenquiry 8     14 

from  justices  of  the  peace 80-81     14 

WRENS— 

sparrows,  robins,  &c.,  protected 123    47 

YELLOW  FEVERr- 

Quarantine,  Sec,  decision,  note 23 


1290 


PAQB 

177 
186 
193-196, 200 
197 
219 


1085 


437-441 


V 


,  .  ■  I  ixirTTXlTY 


L 


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U  DAY  USE 

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Renewed  books  are  subjea  to  immediate  recall. 


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